Drunkenness: It is the sudden and intermittent (non-continuous) behaviors that involve bodily contact on the victim and do not reach the level of inserting an organ or other object into the body. Momentary touching, touching, hugging, non-persistent sexual caress, non-repeated kissing, in short, are behaviors that can be terminated by the reaction of the victim. It should be emphasized that in order for us to talk about molestation, it should be determined that the movements made momentarily have a sexual purpose.
The fact that sexually explicit acts are sudden does not mean that the perpetrator did his act with an impulse that occurred at that moment. The element of immediacy that we need to look at here is that the act occurs instantaneously when it occurs on the victim and is non-repeating (non-continuous).
Assault: It is an intense and persistent continuation of sexual acts that involve bodily contact on the victim and do not reach the level of inserting an organ or other object into the body, which are not sudden but continuous for the satisfaction of the perpetrator’s lustful feelings. What is meant by continuity here does not mean that the verb has spread over a long period of time and is repeated many times. What is important is all kinds of persistent acts aimed at satisfying sexual desires, which are perpetrated directly on the victim.
In order for us to accept that the crime of molestation has occurred, it is sufficient to perform the sexual act momentarily. Momentary, intermittent, non-continuous elements are specific to action, not thought, and constitute the determining criteria of the crime of molestation. In the light of this information, if the perpetrator suddenly performs the action he has planned and repeats it at different times, it is within the scope of the crime of molestation and the provisions of the Turkish Penal Code article 43 of the chain crime are also applied to this crime.
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