What Is the Crime of Sexual Intercourse with a Minor?
The offence of sexual intercourse with a minor is regulated by Article 104 of the Turkish Penal Code.
Sexual intercourse with a minor
Article 104 – (1) A person who has sexual intercourse, without force, threats or deception, with a child who has reached the age of fifteen is punished, upon complaint, by imprisonment for two to five years.
(2) If the offence is committed by a person who is prohibited from marrying the victim, imprisonment for ten to fifteen years is imposed without requiring a complaint.
(3) If the offence is committed by a person who provides pre-adoption care for the child they intend to adopt, or who has an obligation of protection, care and supervision within a foster-family relationship, punishment is imposed under the second paragraph without requiring a complaint.
The offence of sexual intercourse with a minor occurs where sexual intercourse based on mutual consent takes place with a minor in the fifteen-to-eighteen age group, without resorting to force, threats or deception.
If the victim in consensual sexual intercourse is under eighteen, the act constitutes an offence for the other party. It is immaterial whether the perpetrator is over or under eighteen.
The most important element of the offence of sexual intercourse with a minor is that the victim has given consent of their own free will, without being subjected to any influence. If the victim does not have free will in relation to sexual intercourse, for example because of deception, threats or force by the perpetrator, the offence of sexual abuse of a child has been committed.
For the offence of sexual intercourse with a minor, the victim must have reached the age of fifteen but must not yet have reached eighteen. If the victim is under fifteen, the offence is sexual abuse. As children under fifteen are considered unable to understand the purpose and consequences of the act, their consent is not recognised.
If the victim appears to be under fifteen in the civil register but their actual age is over fifteen, a report is requested from the Council of Forensic Medicine to determine their bone age.
Investigation of the offence of sexual intercourse with a minor depends on a complaint. As a rule, the limitation period for prosecution is eight years from the date the offence was committed. The criminal court of first instance has jurisdiction to try this offence.
I hope that you never encounter the offences 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.