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 often confused with each other by non-lawyers. The first is the crime of sexual harassment, and the second is the crime of sexual assault. Both types of crime are regulated under the heading of Crimes Against Sexual Inviolability in the Turkish Penal Code, and the commission of either crime carries very serious sanctions.
The crime of sexual harassment is regulated in Article 105 of the Turkish Penal Code, in the 6th section titled “Crimes Against Sexual Inviolability,” which falls under the second part of the 2nd book titled “Crimes Against Persons.” It states: “(1) A person who sexually harasses another for sexual purposes shall be sentenced, upon the complaint of the victim, to imprisonment from three months to two years or to a judicial fine; if the act is committed against a child, a prison sentence 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 a domestic 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, due to this act, the victim has been forced to leave their job, school, or family, the penalty to be imposed shall not be less than 1 year.”
The crime of sexual assault is regulated in Article 102 of the Turkish Penal Code, in the 6th section titled “Crimes Against Sexual Inviolability,” which falls under the second part of the 2nd book titled “Crimes Against Persons.” The article states: “(1) A person who violates the bodily integrity of another through sexual acts shall be sentenced, upon the complaint of the victim, to imprisonment from five to ten years. If the sexual act remains at the level of molestation, a prison sentence from two to five years shall be imposed.
(2) If the act is carried out by the penetration of the body with an organ or another object, a prison sentence 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) If the crime is committed against a person who is unable to 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; by a stepfather, stepmother, step-sibling, adopter, or adoptee; with a weapon or 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 resorted to 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, a sentence of aggravated life imprisonment 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 the term assault implies, it refers to an infringement that constitutes an unfair intervention into the victim's sexual freedom, occurring against their consent and will. For example, a perpetrator satisfying their sexual desires by suddenly touching a victim walking on 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.
The act prohibited by the legislature in the crime of sexual harassment 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 offense by engaging in sexual behavior that does not constitute a violation of the victim's bodily integrity. For example, catcalling the victim, making sexual remarks while calling on the phone, offering sexual relations via letter, exposing sexual organs through hand gestures, or the perpetrator singing songs or ballads to the victim with feelings of lust.
I hope that you never encounter either of the two types of crimes I have tried to summarize the differences between, neither as a perpetrator nor 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.