What is the Crime of Sexual Harassment?
What is the Crime of Sexual Harassment?
In this article, I would like to talk to you about the crime of sexual harassment.
The crime of sexual harassment is regulated in Article 105 of the Turkish Penal Code.
Sexual harassment
(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, the sentence shall be imprisonment from six months to three years.
(2) If the crime is committed;
a) By taking advantage of the convenience provided by a public office, a service relationship, or a domestic relationship,
b) By guardians, educators, instructors, caregivers, foster families, healthcare providers, or persons with an obligation of protection, care, or supervision,
c) By taking advantage of the convenience provided by working in the same workplace,
d) By taking advantage of the convenience provided by mail or electronic communication tools,
e) By means of exhibitionism,
the sentence 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 sentence to be imposed cannot be less than one year.
The value protected by the crime of sexual harassment, which is regulated under the section on crimes against sexual immunity in the TPC, is the sexual immunity and integrity of individuals. The act prohibited by the legislator in this type of crime is to harass someone for sexual purposes.
Various definitions have been made regarding sexual harassment. Sexual harassment is the act of an individual disturbing another individual without their consent by targeting their sexuality through touch, words, eyes, and body. It is any act of a sexual nature that is directed at the victim's sexuality, is verbal or written, does not involve physical contact, and is of a disturbing nature. These are sexual behaviors that do not constitute a violation of the victim's physical integrity.
Behaviors constituting sexual harassment can be committed verbally (e.g., catcalling with sexual content), in writing (e.g., sending messages proposing a sexual relationship), or through hand and arm gestures (e.g., exposing one's genitals). The important point here is that these actions are carried out by targeting the victim. Furthermore, it is not required for the victim to be harmed by the act. For example, it is sexual harassment for the perpetrator to sing songs or folk songs to the victim out of lust. It does not matter whether these words carry a specific meaning or whether they are meaningful. This crime can also be committed via phone, message, or by involving a third party. The behaviors in question must not have reached the dimension of sexual assault.
The qualified forms of the crime of sexual harassment that require a heavier penalty are as follows;
If the crime is committed;
By taking advantage of the convenience provided by a public office, a service relationship, or a domestic relationship,
By guardians, educators, instructors, caregivers, foster families, healthcare providers, or persons with an obligation of protection, care, or supervision,
By taking advantage of the convenience provided by working in the same workplace,
By taking advantage of the convenience provided by mail or electronic communication tools,
By means of exhibitionism,
the sentence 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 sentence to be imposed cannot be less than one year.
I wish you never encounter this type of crime, which I have tried to summarize above, neither as a perpetrator nor as a victim, and I would like to remind you that if you see/hear this type of crime as an eyewitness, you must report it to law enforcement as a civic duty. Wishing you healthy and peaceful days.