What is the Crime of Sexual Harassment? Penalties and Complaint Process under TPC Article 105 (2026 Updated Guide)

What Is the Crime of Sexual Harassment?

The crime of sexual harassment is defined in Article 105 of the Turkish Penal Code. If a person disturbs another person for sexual purposes, the law recognizes this behavior as a crime. However, the perpetrator does not make physical contact with the victim. If physical contact occurs, the incident may transform into different types of crimes.

Many people wonder which behaviors constitute a crime. Especially social media messages, disturbing phone calls, or inappropriate remarks at the workplace often create legal disputes. For this reason, individuals want to learn about their rights at an early stage.

In this article, we explain what the crime of sexual harassment is, which behaviors are considered criminal, what penalties the perpetrator may face, and what legal rights the victim can exercise.

Sexual Harassment Crime According to TPC Article 105

According to Article 105 of the Turkish Penal Code, a person commits a crime if they harass another person for sexual purposes.

The legislator aims here to protect individuals’ sexual immunity, private life, and mental integrity. Therefore, it is not necessary for the perpetrator to establish physical contact. Disturbing words, messages, gestures, or behaviors can constitute a crime on their own.

For example, legal liability may arise if a person repeatedly sends sexually explicit messages even though the other party does not want them.

Which Behaviors Constitute the Crime of Sexual Harassment?

Not every disturbing behavior automatically constitutes a crime. First of all, the perpetrator’s action must have a sexual purpose. Furthermore, the perpetrator must directly target the victim.

In practice, the following behaviors are often considered within the scope of the crime of sexual harassment:

• Sending sexually explicit messages
• Persistently propositioning for sexual intercourse
• Making disturbing sexual remarks
• Sending sexually explicit content via social media
• Engaging in inappropriate phone conversations
• Catcalling with sexual intent
• Sending obscene photos or videos
• Exposing one's sexual organs
• Making sexually suggestive remarks in the workplace

For example, if the perpetrator repeatedly sends messages at night saying, "I want to be with you," and the behavior continues despite the victim clearly stating that they are uncomfortable, the crime may arise.

However, if the perpetrator touches the victim, the incident is examined in most cases under the crime of sexual assault.

What Are the Elements of the Crime of Sexual Harassment?

For the crime of sexual harassment to occur in an incident, certain conditions must be met simultaneously.

There Must Be a Sexual Purpose

First, the perpetrator's behavior must have a sexual purpose. Simple arguments or rude expressions do not constitute this crime on their own.

The prosecutor's office examines the content of messages, conversations, the development of the incident, and the relationship between the parties together.

The Victim Must Be Directly Targeted

The perpetrator must direct their action toward a specific person. General expressions do not always constitute a crime. In contrast, words directly targeting the victim often lead to legal consequences.

There Must Be No Physical Contact

The fundamental distinction in this crime is physical contact. This is because if the perpetrator touches the victim, different types of crimes come into play.

What Is the Penalty for the Crime of Sexual Harassment?

The law stipulates different penalties depending on the nature of the crime.

If the perpetrator commits the crime against an adult victim, they face a prison sentence of 3 months to 2 years or a judicial fine.

If the perpetrator commits this act against a child, a prison sentence of 6 months to 3 years comes into question.

When determining the penalty, the court takes into account the gravity of the incident, the perpetrator's intent, the evidence, and the impact on the victim.

What Are the Qualified Circumstances of the Crime of Sexual Harassment?

Some situations lead to more severe consequences for the perpetrator. The law increases the penalty in these cases.

Using the Power Provided by Public Duty

The penalty increases if the perpetrator uses the advantage provided by a public duty, a business relationship, or a family bond.

Sexual Harassment in the Workplace

If a person working in the same workplace abuses the closeness arising from the employment relationship, the perpetrator faces more severe sanctions.

This situation frequently arises, especially in employer-employee relationships.

Harassment via Message, Phone, or Social Media

The court may increase the penalty if the perpetrator sends disturbing messages for sexual purposes via WhatsApp, Instagram, SMS, email, or telephone.

Sexual Harassment Committed by Exposure

The perpetrator faces more severe consequences if they expose their sexual organs or engage in obscene behavior.

Moreover, if the victim quits their job, drops out of school, or is forced to distance themselves from their family due to this incident, the court imposes a higher penalty.

How Many Days Is the Complaint Period for the Crime of Sexual Harassment?

The crime of sexual harassment is among the crimes subject to a complaint.

Therefore, the victim must exercise their right to complain within 6 months from the date they learn of the perpetrator and the incident.

Many people lose their rights because they miss the deadline. For this reason, the victim should preserve screenshots, message records, and other evidence without delay.

What Evidence Is Important in the Crime of Sexual Harassment?

The prosecutor's office and the court attach importance to concrete evidence. Therefore, the victim should collect as much documentation as possible.

The following evidence is particularly important:

• WhatsApp conversations
• Instagram messages
• SMS records
• Voice recordings
• Phone call logs
• Security camera footage
• Witness testimonies

Digital evidence directly changes the direction of the process in many files.

Why Is Lawyer Support Important in the Crime of Sexual Harassment?

Many people provide incorrect statements or submit incomplete evidence during the investigation phase. This can create serious loss of rights.

For this reason, both the victim and the suspect should conduct the process with an experienced criminal lawyer. The lawyer establishes the correct defense strategy, evaluates the evidence, and manages the legal process effectively.

Conclusion

The crime of sexual harassment is one of the important crimes protecting the sexual immunity of individuals. If a perpetrator disturbs a victim for sexual purposes through messages, words, gestures, or behaviors, they may face legal responsibility. However, every incident is evaluated within its own circumstances. For this reason, receiving professional legal support is important to manage the process correctly and avoid loss of rights.

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