What Is the Crime of Child Sexual Abuse?
What Is the Offence of Sexual Abuse of Children?
In this article, I would like to discuss the offence of sexual abuse of children.
The offence of sexual abuse of children is regulated by Article 103 of the Turkish Penal Code.
Sexual abuse of children
(1) A person who sexually abuses a child is punished by imprisonment for eight to fifteen years. Where the sexual abuse is limited to molestation, imprisonment for three to eight years is imposed. If the victim has not reached the age of twelve, the sentence may not be less than ten years for abuse or five years for molestation. If the perpetrator of an offence limited to molestation is a child, investigation and prosecution depend on a complaint by the victim, their parent or their guardian.
The term sexual abuse means:
a) Any sexual conduct against children who have not reached the age of fifteen, or who have reached that age but have not developed the capacity to understand the legal meaning and consequences of the act;
b) Sexual conduct against other children only where it is carried out through force, threats, deception or another factor affecting their will;
as specified above.
(2) Where sexual abuse is committed by inserting an organ or another object into the body, imprisonment for no less than sixteen years is imposed. If the victim has not reached the age of twelve, the sentence may not be less than eighteen years.
(3) If the offence is committed:
a) Jointly by more than one person;
b) By taking advantage of the opportunities provided by environments in which people are required to live together;
c) Against a person related by blood or marriage up to and including the third degree, or by a stepfather, stepmother, stepsibling or adoptive parent;
d) By a guardian, educator, instructor, caregiver, foster family member, healthcare provider or a person with an obligation of protection, care or supervision;
e) By abusing the influence arising from public office or a service relationship;
the sentence imposed under the preceding paragraphs is increased by one half.
(4) Where sexual abuse is committed through force or threats against the children referred to in subparagraph (a) of the first paragraph, or through the use of a weapon against the children referred to in subparagraph (b), the sentence imposed under the preceding paragraphs is increased by one half.
(5) Where the force or violence used for sexual abuse causes the aggravated consequences of the offence of intentional injury, the provisions concerning intentional injury also apply.
(6) If the offence causes the victim to enter a vegetative state or to die, aggravated life imprisonment is imposed.
The legal interest protected by the offence of sexual abuse of children is the welfare of the child victim. In this offence, the legislature protects children both from others and from themselves and does not recognise their consent as a basis for subjecting them to sexual conduct. This offence protects the child's sexual inviolability and mental and bodily integrity.
Article 6/1-a of the Turkish Penal Code defines a child as a person who has not yet reached the age of eighteen.
If a child has not reached the age of fifteen, or has reached that age but is unable to understand the meaning and consequences of the act, any sexual conduct directed at that child is considered sexual abuse and is subject to a penalty.
For offences of sexual abuse, children are considered in three separate categories:
Sexual abuse of children who have not reached the age of fifteen;
Sexual abuse of children who have reached the age of fifteen but have not developed the capacity to understand the legal meaning and consequences of the act directed at them;
Sexual abuse of children in the fifteen-to-eighteen age group only where it is based on force, threats, deception or another factor affecting their will.
The aggravated forms of the offence of sexual harassment that require a more severe sentence are as follows:
Where sexual abuse is committed by inserting an organ or another object into the body, imprisonment for no less than sixteen years is imposed. If the victim has not reached the age of twelve, the sentence may not be less than eighteen years.
Investigation of the offence of sexual abuse does not depend on a complaint and is conducted ex officio. As a rule, the limitation period for prosecution begins on the date the offence was committed.
I hope that you never encounter the offence briefly outlined above as either a perpetrator or a victim. I would also like to remind you that, if you witness or hear of such an offence, you should report it to law enforcement as a civic duty. Wishing you health and peace.