Sexual Intercourse with a Minor (Turkish Penal Code Article 104) 2026 Current Guide
What Is Sexual Intercourse with a Minor?
Article 104 of the Turkish Penal Code regulates sexual intercourse with a minor as a criminal offense. The law establishes criminal liability for certain sexual acts involving a person who has reached the age of 15 but has not completed the age of 18.
Many people ask the following question: "Is it a crime if there is mutual consent?" The answer to this question depends on the circumstances of the case, because the victim's age, behavior, and will directly affect the result.
The legislator aims to protect children. Therefore, the prosecutor's office initiates an investigation in some cases even if the parties consent to the relationship.
In Which Situations Does TPC 104 Constitute a Crime?
According to TPC 104, if a person engages in sexual intercourse with a child who has reached the age of 15 without intimidation, pressure, or deception, criminal liability arises.
However, the details of the incident change the outcome. For example, if the person uses threats, the prosecutor's office examines different crimes. If physical pressure is applied, the risk of punishment increases. Similarly, a person who uses deception may face heavier sanctions.
In most files, the prosecutor's office initiates the investigation upon complaint.
What Conditions Are Required for TPC 104?
For an incident to be considered a crime under TPC 104, certain conditions must be met simultaneously.
The Victim Must Have Completed the Age of 15
The law sets an age limit.
The victim must have completed the age of 15 and not have completed the age of 18.
If the victim is under 15, the prosecutor's office does not proceed under TPC 104. Instead, it examines the crime of child sexual abuse.
The law protects young children more strongly. For this reason, the legal system does not deem the consent of children under 15 as sufficient.
The Victim Must Decide of Their Own Free Will
The most important element regarding TPC 104 is free will.
The victim must decide to engage in the relationship of their own volition. Furthermore, no one should exert pressure on the victim.
For example, if the perpetrator uses intimidation, the situation changes. If the perpetrator exerts pressure, different provisions come into play. If the perpetrator deceives, the prosecutor's office examines other types of crimes.
In short, if a child engages in a relationship due to fear or pressure, TPC 104 does not apply. In this case, the prosecutor's office often focuses on the crime of child sexual abuse.
The Perpetrator Must Not Use Pressure, Threats, or Deception
The law draws a clear boundary here.
The perpetrator cannot intimidate or pressure the victim. Furthermore, they cannot deceive them.
If a person crosses these boundaries, they may face heavier penalties.
How Do They Determine Age?
In some cases, the parties argue about age. A discrepancy may arise, especially between the civil registry and the actual age.
For example, the official record might make the person appear younger, while their actual age might differ.
In such cases, the prosecutor or judge requests a bone age report from the Council of Forensic Medicine. Experts conduct an examination and then express an opinion on the actual age.
The issue of age significantly affects the outcome of the case.
Is a Complaint Required?
Yes. In most cases, the prosecutor's office does not initiate proceedings without a complaint.
If the victim or their legal representative files an application, the investigation process begins.
However, the law sets certain exceptions. For example, if there is a prohibition of marriage between the perpetrator and the victim, the prosecutor's office does not wait for a complaint. Additionally, it takes direct action regarding individuals who have a responsibility for care or supervision.
What Is the Penalty?
In the basic case, the court can impose a prison sentence of 2 to 5 years.
However, if there is a prohibition of marriage between the perpetrator and the victim, the penalty increases significantly. In this case, the judge may impose a prison sentence of 10 to 15 years.
Therefore, each file requires a different evaluation.
What Is the Statute of Limitations?
Many people wonder about the lawsuit duration.
The prosecutor's office can take action within 8 years in most cases. However, certain legal details may change the calculation of the time.
For this reason, seeking expert support is important.
Which Court Hears the Case?
The Criminal Court of First Instance hears these cases.
The prosecutor's office first collects evidence, then prepares an indictment, and subsequently, the court hears the parties and renders a verdict.
Conclusion
Incidents within the scope of TPC 104 can have serious consequences. However, not every incident leads to the same outcome, as age, free will, and the circumstances of the incident are of great importance.
For this reason, receiving support from an expert lawyer during the investigation or trial process reduces the risk of loss of rights.
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