The crime of sexual intercourse with a minor is regulated in Article 104 of the TPC. According to this regulation, coercion appears as a type of crime that is prosecuted with the child’s complaint after sexual intercourse with the consent of a child who has completed the age of fifteen but has not completed the age of eighteen without resorting to threats or deception, and who is able to comprehend the legal meaning and consequences of the act.
The penalty for the simple form of the crime is imprisonment from 2 to 5 years, and investigation and prosecution depend on the complaint. No investigation is carried out unless the victim himself makes a complaint. If the victim’s parent or guardian makes a complaint, the victim’s statement about this complaint should also be obtained. Because the law regulates sexual intercourse with consent as a right that is strictly dependent on the person. The victim must use the right to complain within 6 months from the commission of the crime. If a complaint is not made within this period, the right to complain will cease. Again, the statute of limitations for the basic case of sexual intercourse with a minor is 8 years.
Withdrawal of the complaint is possible at the stage of prosecution after the investigation or criminal case has been opened. If the victim abandons the complaint, it is decided not to prosecute at the investigation stage and the victim cannot use his right to complain about the same incident again. In case of abandoning the complaint at the prosecution stage, which is the stage in which the criminal case is opened, the court decides to dismiss the case.
A point to be noted here is that the act does not constitute a crime if both parties who have sexual intercourse with their consent are under the age of 18. For a crime to occur, one of the parties must be over the age of 18. Sexual intercourse with a minor is not a crime subject to reconciliation. The task of adjudicating about this crime is in the Criminal Courts of First Instance.
The most important element of the crime of sexual intercourse with a minor is that the victim has a valid consent. If there is no consent, it will be a Sexual Abuse Offense, not a Sexual Intercourse Offense with a Minor.
QUALIFIED CONDITIONS OF THE CRIMIN OF SEXUAL RELATIONSHIP WITH A MINOR
Occurrence of the Crime Between the Victim and the Person Prohibited from Marriage
Between alts and supers; between siblings; Even if the marriage between aunt, uncle, uncle and nephews and even if the marriage that created a beech relationship has ended, between one of the spouses and the other’s immediate family or descendants, as well as between the adopter and the adopted child, or between one of them and the other’s descendants and spouse, there is a qualified state. will be the subject. In this qualified case, the penalty will be determined between ten and fifteen years.
Perpetration of the Crime by the Person Who Undertook the Pre-Adoption Care of the Child to be Adopted or Who Has a Protection, Care and Supervision Obligation within the Framework of the Foster Family Relationship
In this case, it is in question that the persons who are obliged to look after and supervise the child commit the aforementioned crime. Therefore, the quality of the crime is in question. In this case, as stated above, a penalty of between ten and fifteen years will be determined.
Complaints are not sought for the investigation and prosecution of qualified cases of sexual intercourse with a minor and this crime is investigated ex officio by the prosecutor’s office. In case of qualified cases of Sexual Intercourse with a Minor Offense, the competent court is the Heavy Penal Court.