WHAT IS THE CRIME OF SEXUAL INTERCOURSE WITH A MINOR?
WHAT IS THE CRIME OF SEXUAL INTERCOURSE WITH A MINOR?
In this article, I would like to talk to you about the crime of sexual intercourse with a minor.
The crime of sexual intercourse with a minor is regulated under Article 104 of the Turkish Penal Code.
Sexual intercourse with a minor
Article 104- (1) A person who engages in sexual intercourse with a child who has completed the age of fifteen, without the use of force, threat, or deception, shall be sentenced to imprisonment for a term of two to five years upon complaint.
(2) If the crime is committed by a person with whom the victim is prohibited from marrying, the offender shall be sentenced to imprisonment for a term of ten to fifteen years, without the requirement of a complaint.
(3) If the crime is committed by a person who has undertaken the care of a child to be adopted prior to the adoption, or who has an obligation of protection, care, and supervision within the framework of a foster family relationship, the offender shall be sentenced according to the second paragraph, without the requirement of a complaint.
The crime of sexual intercourse with a minor occurs when sexual intercourse is engaged in by mutual consent with minors in the 15–18 age group, without the use of force, threat, or deception.
If the victim among the parties engaging in consensual sexual intercourse is under 18 years of age, the act constitutes a crime for the other party. It does not matter whether the offender is over or under 18 years of age.
The most important element of the crime of sexual intercourse with a minor is that the victim gives consent of their own free will, without being under any influence. If the victim does not have the free will to engage in sexual intercourse (for example, if they engaged in sexual intercourse influenced by the offender's use of deception, threat, or force), then the crime of sexual abuse of a child has been committed.
For the crime of sexual intercourse with a minor, the victim must have completed the age of 15 but not yet completed the age of 18. If the victim is under 15 years of age, the crime of sexual abuse occurs. Since it is accepted that children under the age of 15 cannot understand the purpose and consequences of the act, it is accepted that children in this age group are incapable of giving consent.
If the victim's age appears as under 15 in the civil registry but their actual age is over 15, a report is requested from the Council of Forensic Medicine to determine their bone age.
Investigation of the crime of sexual intercourse with a minor is subject to a complaint. As a rule, the statute of limitations for the case is 8 years from the date the crime was committed. The duty to conduct the trial for the crime of sexual intercourse with a minor is performed by the Criminal Court of First Instance.
I hope that you never encounter the types of crimes I have tried to summarize above, either as an offender or as a victim, and I would like to remind you that if you see or hear about this type of crime as an eyewitness, it is your civic duty to report it to law enforcement agencies. Wishing you healthy and peaceful days.