What Is The Crime Of Sexual Abuse?
103 of the Turkish Criminal Code No. 5237 on the crime of sexual abuse. it is indicated in the article. Making physical contact with the child’s body and, accordingly, exhibiting sexual behavior is a crime of sexual abuse.
The crime of child sexual abuse, when assessed as age, should be assessed in the form of three different age categories. The first of these are children who have not yet completed the age of 15. The other is children who have completed the age of 15 and have not yet completed the age of 18, but who have not yet been able to perceive the legal meaning and consequences of the act committed against them. The third is that children between the ages of 15 and 18 are abused with algebra, threats, tricks, or any other situation that may affect their willpower. The third is that children between the ages of 15 and 18 are abused with algebra, threat, decoy, or another situation that may affect their will.
What Is The Punishment For The Simple Crime Of Sexual Abuse Of Children?
- 103 Of the Turkish Criminal Code. according to the first sentence in the article; If a person sexually abuses a child, this person is punished with a prison sentence of 8 to 15 years.
- According to the second sentence of the same article; sexual abuse that has remained at the level of harassment is applied to children, in this case, a prison sentence of 3 to 8 years is provided.
- according to the third sentence of the article, if a child who has not completed the age of 12 is subjected to simple sexual abuse, the punishment that will be given in this case should be at least 10 years. If it remains at the level of harassment, it is not possible to give a penalty of less than 5 years.
- If a child is molested by another child, a complaint from the aggrieved party, his guardian or guardian is required for investigation and prosecution.
In Which Cases Is The Penalty For Simple Sexual Abuse Increased?
- If more than one person abuses a child together,,
- In case of abuse of the convenience provided by dec where people are obliged to live together collectively,
- In the event that the child has been abused by blood relatives, including a stepmother, stepfather, stepsister, adoptive or third-degree,
- In the event that a person who has an obligation to protect, care for and care for the abused person commits this crime,
- In the event that a child is abused by abusing the influence provided by public office or service relationship, the punishment to be given to the accused is envisaged to be increased by half.
What Is The Punishment If The Sexual Abuse Of Children Results In Injury Or Death?
The following are the penalties given as a result of intentional wounding, the victim’s entry into vegetative life, the death of the abused child:
- According to Article 103/5 of the Turkish Criminal Code, if severe consequences of intentional wounding of the victim occur as a result of algebra and violence applied for sexual abuse, the accused will be punished in accordance with the provisions of the crime of sexual abuse, as well as the crime of intentional wounding.
- According to the Turkish Penal Code 103/6, if a person who has been sexually abused enters into a vegetative state or dies, an aggravated life sentence is imposed on the defendant.
What Is The Crime Of Qualified Sexual Abuse Of A Child?
Qualified sexual abuse of a child is defined in Article 103/2 of the Turkish Criminal Code. In case of committing an act of abuse by inserting an organ or other object into the body of a child, a prison sentence of at least 16 years shall be imposed on the accused. If the person who has been subjected to qualified sexual abuse is under the age of 12, the prison sentence that will be imposed by the court will not be less than 18 years.
In order for sexual abuse to be considered qualified, it is necessary to insert another body or organ into the body through the anal, vaginal or oral route. At this point, it does not matter whether the goal is the satisfaction of sexual desire or not. Regardless of the purpose, if another object or organ is inserted into the child’s body, qualified sexual abuse is considered a crime.
What Are The Conditions That Increase The Punishment For Qualified Sexual Abuse Of A Child?
The following are the situations that increase the penalty that those who commit qualified sexual abuse of a child will receive:
- If more than one person abuses a child together,,
- In case of abuse of the convenience provided by dec where people are obliged to live together collectively,
- In the event that the child has been abused by blood relatives, including a stepmother, stepfather, stepsister, adoptive or third-degree,
- In the event that a person who has an obligation to protect, care for and care for the abused person commits this crime,
- In the event that a child is abused by abusing the influence provided by public office or service relationship, the punishment to be given to the accused is envisaged to be increased by half.
If The Crime Of Qualified Sexual Abuse Results In Injury Or Death, What Is The Punishment Given?
If there are serious consequences of a qualified sexual abuse offense; according to the result of the abuse committed, Article TCK 103/4-5-6 according to the article, the penalties that will be applied are indicated. Accordingly, if a crime of algebra and a threat is committed against a child with tools such as a gun, knife, stick; in this case, the punishment that the abuser will receive increases by half.
According to Article 103/5 of the Turkish Criminal Code, if severe consequences of intentional wounding of the victim occur as a result of algebra and violence applied for qualified sexual abuse, the defendant will be punished in accordance with the provisions of the crime of sexual abuse, as well as the crime of intentional wounding.
According to the Turkish Penal Code 103/6, if a qualified sexual abuser enters into a vegetative state or dies, an aggravated life sentence is imposed on the defendant.
Is It Possible To Convert To A Judicial Fine For Sexual Abuse Crimes, Postpone And Leave The Disclosure Of The Provision Undone?
It is not possible to postpone or mitigate sexual abuse crimes. Due to the amount of the prison sentence, it is impossible to convert the crime of a person who has committed a crime of sexual abuse into a judicial fine. Since the crime of sexual abuse is not a crime that can have consequences within a certain period of supervision, and because of the amount of the prison sentence imposed, it is not possible to release the disclosure of the sentence. It is also not possible to postpone child abuse sentences.
What Should Be Known About The Complaint Period Of A Sexual Abuse Offence?
- There is no compromise for the crime of sexual abuse. Simple or qualified sexual abuse or harassment does not make any difference to the crime. The provisions of the compromise are not implemented.
- If the crime committed is harassment, in this case, when the perpetrator is also underage, an investigation is not opened without a complaint from the victim’s guardian. The complaint period is 6 months. In this process, even if a lawsuit has been filed, it is possible to dismiss the complaint.
- A simple or qualified sexual abuse offence is not a complaint-related offence.
- The statute of limitations for filing a lawsuit for sexual abuse offenses is 15 years. It is possible that investigations and prosecutions can be carried out during this period.