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 is the crime of sexual harassment, and the second is the crime of sexual assault. Both types of crimes are regulated under the heading "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 Turkish Penal Code, within the 6th section titled "Crimes Against Sexual Immunity" under the second part titled "Crimes Against Individuals" of the second book. It states: "(1) A person who harasses another person for sexual purposes shall be sentenced to imprisonment from three months to two years or a judicial fine upon the complaint of the victim; if the act is committed against a child, a sentence of imprisonment from 6 months to 3 years shall be imposed.
(2) If these acts are committed by abusing the influence arising from a hierarchy, service, or education and training relationship, or from an intra-family relationship, or by taking advantage of the convenience provided by working at 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 quit their job, leave school, or leave their family due to this act, the penalty to be imposed cannot be less than 1 year."
The crime of sexual assault is regulated in Article 102, within the 6th section titled "Crimes Against Sexual Immunity" under the second part titled "Crimes Against Individuals" of the second book of the Turkish Penal Code. The article states: "(1) A person who violates the bodily integrity of another person through sexual acts shall be sentenced to imprisonment from five to ten years upon the complaint of the victim. If the sexual act remains at the level of molestation, a sentence of imprisonment from two to five years shall be imposed.
(2) In cases where the act is performed 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 victim's complaint.
(3) The penalties imposed according to the paragraphs above shall be increased by half 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 with whom there is a blood or affinity relationship up to the third degree inclusive; by a stepfather, stepmother, step-sibling, adopter, or adoptee; by using 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 in a collective manner.
(4) If the force or violence used for sexual assault causes the grave 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 under the basis of the crime of sexual assault is the violation of a person's bodily integrity through sexual acts. Sexual acts are actions performed by contacting the victim's body and aimed at the satisfaction of sexual desires. As implied by the term "assault," it refers to a violation that constitutes an unjust interference with the victim's sexual freedom and occurs without their consent or 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 hand) or an object (such as a baton, pen, or bottle) into the victim's body vaginally, anally, or orally.
In the crime of sexual harassment, the act prohibited by the legislator is harassing someone for sexual purposes. The dictionary meaning of the word "harass" 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 by engaging in sexual behaviors that do not constitute a violation of the victim's bodily integrity. For example: making sexually suggestive remarks to the victim, making sexually suggestive phone calls, offering sexual intercourse via letter, exposing sexual organs through hand and arm gestures, or the perpetrator singing songs or folk songs to the victim with lustful intent.
I hope that you never encounter either of these two types of crimes—the differences between which I have tried to summarize above—either as a perpetrator or as 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.