What is the Crime of Child Sexual Abuse (Article 103 of the Turkish Penal Code)?
The crime of child sexual abuse is set out in Article 103 of the Turkish Penal Code. The legislator protects the physical integrity of children. It also safeguards the mental development of children. For this reason, the legal system protects children against all forms of sexual exploitation.
The prosecution acts quickly in these crimes. The judge also carefully examines all the details of the incident. Because this crime can leave severe psychological effects on the child. Therefore, the legal system acts sensitively in these files.
Which Behaviors Are Considered Crimes Under TPC 103?
The law considers all sexual acts directed at children under the age of 15 as a crime. Furthermore, acts directed at children who, even if they have turned 15, cannot perceive the meaning and consequences of the incident also constitute a crime.
On the other hand, a different assessment is made for the 15-18 age group. If a person pressures, threatens, or uses deceit against the child, a crime occurs. The judge takes the age of the victim into account in every incident. Besides this, they also look at the nature of the incident and the evidence.
What Is the Amount of Penalty?
The law provides for severe sanctions for this crime. The perpetrator can receive a prison sentence of 8 to 15 years. However, if the act remains at the level of molestation, the judge can impose a sentence of 3 to 8 years.
If the victim is under 12, the penalty increases. In this case, the judge applies a harsher sanction. Moreover, if the perpetrator uses an organ or another object, they face much more severe consequences. In this situation, the court can impose a prison sentence starting from 16 years.
Which Situations Increase the Penalty?
Some individuals abuse a relationship of trust. Therefore, the law applies a harsher sanction.
For example, if teachers, caregivers, or healthcare workers commit this crime, they bear heavier responsibility. Similarly, close relatives or stepparents also face a higher risk of punishment.
If more than one person acts together, the judge may increase the penalty. Additionally, persons using public authority may face a harsher sanction.
Does the Process Start Without a Complaint?
Yes. The prosecution does not wait for a complaint in these crimes. It initiates an investigation as soon as it becomes aware of the crime. Therefore, even if the family withdraws the complaint later, the process often continues.
The prosecution collects evidence. The police examine camera footage. Doctors prepare reports. Experts conduct psychological evaluations. As a result, the judge evaluates all the evidence together.
How Does the Statute of Limitations Work?
Not every incident is subject to the same period. The nature of the crime changes the statute of limitations. However, some victims recount their experiences years later. For this reason, some files come to the agenda after a long time.
Why Is Lawyer Support Important?
These accusations have serious consequences. Therefore, the parties must manage the process carefully. An experienced criminal lawyer follows the statement process. Additionally, they examine the evidence and form a legal strategy.
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