The Crime Of Child Sexual Abuse
Abuse means abusing someone’s goodwill, exploiting it. Child sexual abuse, on the other hand, means the sexual abuse and exploitation of a minor victim.
The subject of the crime of sexual abuse of a child is the body, sexual immunity, sexual development of the child who has been sexually abused against him.
The legislator used the phrase ‘sexual assault’ in sexual acts involving contact performed against persons over the age of 18, and the phrase ‘sexual abuse’ in acts involving contact performed against persons under the age of 18.
103/1 of the Turkish Criminal Code No. 5237. article 103/2 of the crime of simple sexual abuse. in the article, the crime of qualified sexual abuse is regulated. 103/3 and 103/4 of the TCC. the aggravating causes of the crime in articles 103/5 and 103/6 of the Turkish Commercial Code. in their articles, their aggravated state due to the result of the crime is regulated.
Article 103 of the Turkish Penal Code No. 5237, which regulates the crime of sexual abuse.article 765 of the Turkish Commercial Code 414, 415, 416/1-2, 421/ it corresponds to articles 2c. In addition, Article 417 of the Turkish Commercial Code No. 765. and 418.some of the aggravating factors regulated in its articles also make up for it.
103/1 of the Turkish Commercial Code, the crime of child sexual abuse. the offence of simple sexual abuse regulated in article 103/1-2 of the Turkish Commercial Code, the offence of sexual abuse at the level of groping regulated in the sentence and the offence of 103/2 of the Turkish Commercial Code. it is possible to divide it into three as a qualified sexual abuse crime regulated in the article.
A crime of sexual abuse that has remained at the level of simple sexual abuse and harassment is any kind of sexual behavior that involves contact with the child’s body for the purpose of satisfying sexual desires, but does not reach the size of sexual intercourse.
103/2 of the TCK. a qualified sexual abuse offense regulated in the article is sexual acts committed by inserting an organ or other object into the victim’s body that is under the age of 18. It is not necessary that these actions are aimed at the purpose of satisfaction of sexual desires. It is enough that it was carried out with a sexual purpose.
If the contact element does not occur, the crime of sexual abuse does not occur, the crime of sexual harassment occurs.
If the element of contact has taken place, but has taken place in the form of sudden and interrupted movements, this time the crime of simple sexual abuse does not occur, the crime of simple sexual abuse occurs at the level of harassment.
If the contact element has occurred and the defendant’s actions are continuous, if they are not sudden and intermittent, a simple crime of sexual abuse occurs.
In order to be able to determine which is the defendant’s action, the manner and duration of the action is important and the characteristics of each event should be evaluated separately.
Supreme Court Decisions Related To The Crime Of Child Sexual Abuse
14.CD date of 17.03.2021, based on 2016/10467, Decision of 2021/2161
“..It is understood from the scope of the file that nine-year-old Dilara, after stripping off her bottom and rubbing her genitals on her hip, tried to insert it into her breech and left it by herself without any other external reasons preventing her from completing her action other than her insurmountable strength when the victim resisted, considering that the act of subuta eren in its current form constitutes a crime of sexual abuse of a child, instead of a conviction, a conviction for attempted qualified sexual abuse of a child in writing should be established…”
14.CD decision of 08.03.2021, based on 2020/5581, 2021/1887
“… The sincere statements of the victim at the stages, the defense and the entire scope of the file were taken into account due to the short-term, sudden and intermittent realization of the defendant’s action in the form of hugging the victim, who was within the age of eighteen on the day of the incident, squeezing his hips 103/1-c of the TCK No. 5237.determination of extra punishment by establishing a written sentence without regard to the fact that it constitutes a crime of sexual abuse of a child by groping regulated in Article 2…
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