What Are the Differences Between the Crimes of Sexual Harassment and Sexual Assault?
What Are the Differences Between the Crimes of Sexual Harassment and Sexual Assault?
In this article, I would like to discuss two types of crimes that are very frequently confused by non-legal professionals. The first of these is the crime of sexual harassment, and the second is the crime of sexual assault. Both types of crimes are regulated under the title "Crimes Against Sexual Immunity" in the Turkish Penal Code, and both carry very serious sanctions if committed.
The crime of sexual harassment is regulated in Article 105 of the 6th section, titled "Crimes Against Sexual Immunity," under the second part of the 2nd book of the Turkish Penal Code, titled "Crimes Against Individuals." It states: "(1) A person who harasses another for sexual purposes shall be sentenced to imprisonment from three months to two years or to a judicial fine upon the complaint of the victim; if the act is committed against a child, the sentence shall be imprisonment from 6 months to 3 years.
(2) If these acts are committed by abusing the influence arising from a hierarchy, service, or education and training relationship, or from within a family relationship, or by taking advantage of the convenience provided by working in the same workplace, the penalty to be imposed according to the above paragraph shall be increased by half. If the victim has been forced to leave their job, school, or family due to this act, the penalty to be imposed shall not be less than 1 year."
The crime of sexual assault is regulated in Article 102 of the 6th section, titled "Crimes Against Sexual Immunity," under the second part of the 2nd book of the Turkish Penal Code, titled "Crimes Against Individuals." The article states: "(1) A person who violates the bodily integrity of another with sexual behavior shall be sentenced to imprisonment from five to ten years upon the complaint of the victim. If the sexual behavior remains at the level of molestation, imprisonment from two to five years shall be imposed.
(2) In cases where the act is carried out by inserting an organ or other object into the body, a sentence of imprisonment of no less than twelve years shall be imposed. If this act is committed against a spouse, the investigation and prosecution are subject to the complaint of the victim.(3) If the crime is committed against a person who cannot defend themselves physically or mentally, by abusing the influence provided by a public duty, guardianship, or service relationship, against a person within the third degree of blood or affinity relationship, or by a stepfather, stepmother, step-sibling, adopter, or adoptee, with a weapon, by more than one person together, or by taking advantage of the convenience provided by environments where people are forced to live together, the penalties imposed according to the above paragraphs shall be increased by half.
(4) If the force and violence used for sexual assault result in the serious consequences of the crime of intentional injury, the provisions regarding the crime of intentional injury shall also be applied.
(5) If the victim enters a vegetative state or dies as a result of the crime, an aggravated life sentence shall be imposed."
The act sanctioned at the foundation of the crime of sexual assault is the violation of a person's bodily integrity through sexual behavior. Sexual behavior refers to actions performed by making contact with the victim's body for the purpose of satisfying sexual desires. As implied by the term "assault," it signifies an infringement that constitutes an unfair intervention into the victim's sexual freedom, occurring against their consent and will. For example: the perpetrator satisfying their sexual desires by suddenly touching a victim walking down the street, or the perpetrator satisfying their sexual desires by inserting an organ (such as a penis or finger) or an object (such as a baton, pen, or bottle) into the victim's vagina, anus, or mouth.
In the crime of sexual harassment, the act prohibited by the legislator is harassing someone for sexual purposes. The dictionary definition of harassment is to annoy, disturb, trouble, or unsettle someone. The biggest difference between the crime of sexual harassment and the crime of sexual assault is that in this type of crime, the perpetrator commits the crime through sexual behavior that does not constitute a violation of the victim's bodily integrity. For example: making sexually suggestive comments to the victim, calling the victim on the phone to have sexual conversations, proposing sexual intercourse via letter, showing sexual organs through hand gestures, or the perpetrator singing songs or folk songs to the victim with lustful intent.
I hope you never encounter either of these two types of crimes, which I have tried to briefly summarize the differences between, as either a perpetrator or a victim, and I would like to remind you that if you see or hear these types of crimes as an eyewitness, you must report them to law enforcement as a civic duty. Wishing you healthy and peaceful days.