What is the Crime of Sexual Harassment? TPC Article 105 Sexual Harassment Penalty 2026

The crime of sexual harassment is found in Article 105 of the Turkish Penal Code. If a person harasses another person for sexual purposes, the law considers this behavior a crime. In particular, sending messages, harassing via phone, or writing sexually explicit comments on social media frequently come to the fore. For this reason, many people ask the following question: "Which behaviors are considered sexual harassment?"

In this guide, we explain the questions: what is the crime of sexual harassment, what is the penalty, which behaviors constitute a crime, and what rights the victim can exercise.

What Is Sexual Harassment?

The law prohibits behaviors that harass a person for sexual purposes. However, the perpetrator does not make physical contact with the victim. Because if there is contact, the nature of the crime changes. In this case, the prosecutor's office examines more serious types of crimes.

For example, if a person:

• Continuously sends sexually explicit messages,
• Persistently offers sexual intercourse,
• Engages in sexual conversations over the phone,
• Writes disturbing content on social media,
• Uses obscene language,
• Exposes their genitals,

they will face legal liability.

However, in every case, the judge looks at the entirety of the incident. They also examine the content of the messages, listen to witnesses, and evaluate the evidence. Thus, they determine whether the incident truly constitutes a crime.

Conditions of the Crime According to TPC 105

Not every disturbing behavior constitutes a crime. Instead, the prosecutor and judge look for certain conditions.

1. The Perpetrator Must Have a Sexual Purpose

First and foremost, the perpetrator must target the victim for sexual purposes. A simple argument, a message written in anger, or an ordinary insult does not constitute this crime.

For example, if the person:

• Persistently offers sexual proposals,
• Continuously sends sexual messages,
• Uses obscene expressions,

the prosecutor's office will open an investigation.

In addition, the judge examines the conversations, correspondence, and all details of the incident to understand the perpetrator's intent.

2. The Perpetrator Must Not Have Made Physical Contact

In this crime, the perpetrator does not make physical contact with the victim. However, if the person touches the victim against their will, the nature of the crime changes. Therefore, the prosecutor's office considers more serious types of crimes.

Therefore, it is important for the incident experienced by the victim to be evaluated correctly.

Is a WhatsApp or Instagram Message Considered a Crime?

Yes. If a person sends sexually explicit messages via WhatsApp, Instagram, Telegram, SMS, or e-mail, they commit a crime.

The following behaviors, in particular, create serious risks:

• Writing constantly,
• Continuing communication despite being blocked,
• Sending obscene images,
• Insisting on sexual proposals.

In addition to this, the law foresees heavier sanctions for people who use electronic communication tools.

Is Harassment via Phone a Crime?

If a person uses the phone to harass the other party with sexually explicit words, the prosecutor's office will open an investigation.

The judge specifically seeks answers to the following questions:

• How many times did the perpetrator call?
• What words were used?
• Did the victim feel harassed?
• Are there message or call logs?

For this reason, the victim should preserve the evidence. Furthermore, they should not delete the screenshots.

What Happens in Case of Sexual Harassment at Work?

Incidents occurring at the workplace result in more serious consequences. Especially if persons in a supervisory or managerial position abuse their authority, the law approaches it more strictly.

For example:

• If a supervisor sends disturbing messages to their employee,
• If a coworker constantly makes sexual remarks,
• If one employee puts pressure on another,

the victim should apply to the prosecutor's office. In addition, the employee terminates the employment contract for just cause and demands compensation.

Also, rights regarding mobbing and non-pecuniary damages come to the fore in terms of labor law.

What Is the Penalty for Sexual Harassment?

According to Turkish Penal Code Article 105, the perpetrator:

• Receives a prison sentence of 3 months to 2 years, or
• Pays a judicial fine.

However, if the perpetrator commits the crime against a child, the judge imposes a heavier penalty. In this case, the perpetrator receives a prison sentence of 6 months to 3 years.

In Which Cases Is the Penalty Increased?

The law increases the penalty in certain cases.

If Electronic Communication Is Used

If the perpetrator uses a phone, messages, or social media, the judge increases the penalty.

If Opportunities Provided by the Workplace Are Used

If a person uses the advantage of working in the same workplace, they face more serious consequences.

If Public Duty or a Relationship of Trust Is Used

If a teacher, health worker, caregiver, or public official abuses their position, the judge increases the penalty.

If Indecent Exposure Occurs

If a person exposes their genitals, the judge applies a heavier sanction.

Moreover, if the victim:

• Leaves their job,
• Leaves school,
• Distances themselves from their family,

the judge imposes a higher penalty.

How Many Months Is the Complaint Period?

The victim must exercise their right to complain within 6 months from the date they learn of the perpetrator and the incident. Therefore, the victim must act quickly. Otherwise, they may lose some of their rights.

Which Evidence Is Important?

The prosecutor and judge place great importance on evidence. For this reason, the victim must preserve the documents.

Specifically, the following evidence is important:

• WhatsApp correspondence,
• Instagram messages,
• Phone records,
• Voice recordings,
• Camera footage,
• Witness testimonies.

Therefore, the victim should not delete messages and should save screenshots.

Conclusion

Even if a person does not make physical contact, they commit a crime if they harass another person for sexual purposes. In particular, behaviors carried out via messages, phone, and social media result in serious consequences. Therefore, the victim should act quickly and receive legal support.

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