What Is The Crime Of Child Sexual Abuse?
The crime of sexual abuse of a child is formed by the manifestation of sexual acts in the form of physical contact with the body of a child of a certain age established by law. The crime is a violation of Article 103 of the Turkish Commercial Code No. 5237. In its article it is regulated in the section on crimes “Against Sexual Inviolability”. In the crime of sexual abuse, the victim is a child and is the most important element of the crime. The child is defined as a “person who has not yet reached the age of 18” in Article 6/1-a of the Turkish Commercial Code.
From the point of view of sexual abuse crimes, the concept of children is considered in three separate categories:
- sexual abuse of children who have not completed the age of 15,
- sexual abuse of children who have completed the age of 15 but have not developed the ability to perceive the legal meaning and consequences of the act directed at them,
- sexual abuse of children in the age group of 15-18 years based solely on algebra, threats, deceit, or any other reason affecting willpower.
Elements Of The Crime Of Simple Sexual Abuse Of Children
The Basic Form of the Crime of Simple Sexual Abuse of a Child: The crime of simple sexual abuse is the basic form of the crime of sexual abuse of a child and consists of exhibiting sexual behavior that is performed on the child’s body, aimed at satisfying sexual desires, but does not reach the level of sexual intercourse. In order for a simple crime of sexual abuse to occur, it is enough that the actions performed are objectively of a shahi nature; it is not necessary that the perpetrator’s shahi desires are actually satisfied.
The Crime of Simple Sexual Abuse of a Child by Groping: Groping is considered the mildest form of the crime of simple sexual abuse of a child that requires a lesser punishment. As with all other sexual abuse crimes, it is necessary to make physical contact with the body of the victim child in the crime of child sexual abuse by groping. Other acts committed for sexual purposes without bodily contact are considered a crime of sexual abuse of a child. For example, saying “should I touch your legs” to the victim child for sexual purposes is considered sexual harassment, and touching in any way is considered sexual abuse by groping.
Harassment refers to superficial, temporary and mild sexual behavior of the perpetrator towards the victim child. For example, touching a child for sexual purposes, kissing him once, etc. sexual behavior such as groping is considered a crime of sexual abuse.
The main difference between the basic form of a simple sexual abuse offense and a sexual abuse offense by groping that requires a lesser punishment is that the act of groping is caused by touching the victim’s body with an dec and sudden act, while the basic form of a simple child sexual abuse offense is caused by performing multiple consecutive behaviors against the child that reach the level of sexual exploitation.
It should be especially noted that from the point of view of children who have not completed the age of 15, it does not matter if the victim consents to the act. Because the law did not cover sexual acts committed with their consent against children who have “completed the age of 15 and have not completed the age of 18” as a crime of sexual abuse and paid attention to the consent of children in this category, while it considered any sexual behavior committed against children who have “not completed the age of 15” as a crime of sexual abuse of children, even if they have their consent. Since the consent of the child is not related to a right that he can absolutely save on legally, it cannot be considered a reason for compliance with the law. Therefore, the consent of children who have not completed the age of 15 to sexual abuse does not prevent the perpetrator from being punished.
Punishment For The Simple Crime Of Sexual Abuse Of Children
- A person who sexually abuses a child is punished with imprisonment from 8 years to fifteen years.
- By groping, that is, if sexual abuse remains at the level of groping a prison sentence of up to3 to 8 years is imposed from year to year.
- The punishment to be given if the victim has not completed the age of twelve cannot be less than 10 years in the case of simple sexual abuse and 5 years in the case of stalking.
- If the perpetrator of a crime that has remained at the level of harassment is a child, the investigation and prosecution depends on the complaint of the victim, his guardian or guardian.
The Period Of Complaint Of the Offense, The Statute Of Limitations And The Settlement
Reconciliation is the agreement between the person under the accusation of a crime and the person who is the victim of a crime by contacting him through a conciliator. Sexual abuse crimes are not crimes that are within the scope of reconciliation. It does not matter if the crime is a simple crime of sexual abuse, harassment or qualified sexual abuse, the provisions of reconciliation in terms of sexual crimes do not apply.
If the perpetrator of the crime of sexual abuse by groping is also a minor, the crime is one of the crimes related to the complaint. An investigation is not carried out unless the victim’s guardian or guardian complains. The victim’s guardian or guardian must exercise the right of complaint within 6 months from the date of the commission of the crime. Abandonment of the complaint is the reason for the dismissal of the criminal case. Renunciation of the complaint is possible at the stage of prosecution after the opening of an investigation or criminal case. If the victim renounces the complaint, it will be decided that there is no room for prosecution at the investigation stage, and the victim will not be able to exercise his right to complain about the same incident again. If the complaint is dismissed at the prosecution stage, which is the stage at which the criminal case is opened, the court decides to drop the case.
All crimes of sexual abuse, except for the above case, are officially prosecuted by the prosecutor’s office. These crimes are not included among the crimes subject to decriminalization.
The statute of limitations for a case is a criminal law institution that results in the dismissal of a criminal case if a certain period of time has elapsed since the date of the crime, but the case has not been filed or the case has not been concluded within the legal period, despite the fact that it has been filed. The statute of limitations for the prosecution of the main form of the crime of sexual abuse of children is 15 years. The sexual crimes in question can be investigated at any time during this statute of limitations and a public lawsuit can be filed against the perpetrator.