What is the Crime of Child Sexual Abuse?
The crime of child sexual abuse occurs when sexual behavior is exhibited by physically touching the body of a child of a certain age as determined by law.hat is the Crime of Child Sexual Abuse?
The crime of child sexual abuse occurs when sexual behavior is exhibited by physically touching the body of a child of a certain age as determined by law. The crime is 103 of the Turkish Pehat is the Crime of Child Sexual Abuse?
The crime of child sexual abuse occurs when sexual behavior is exhibited by physically touching the body of a child of a certain age as determined by law. The crime is 103 of the Turkish Penal Code No. 5237. It is regulated in the section “Crimes against Sexual Immunity” in the article. In the crime of sexual abuse, the victim is a child and is the most important element of the crime. A child is defined as “a person who has not yet reached the age of 18” in Article 6/1-a of the Turkish Penal Code.
In terms of sexual abuse crimes, the concept of a child 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 whose ability to perceive the legal meaning and consequences of the act directed at them has not developed of who have not completed the age of 15,
Sexual abuse of children who have completed the age of 15 but whose ability to perceive the legal meaning and consequences of the act directed at them has not developed.
Sexual abuse of children aged 15-18, based solely on coercion, threat, fraud or another factor affecting the will.
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, which occurs when sexual behavior is performed on the child’s body, aimed at satisfying sexual desires, but does not reach the level of sexual intercourse.he 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, which occurs when sexual behavior is performed on the child’s body, aimed at satisfying sexual desires, but does not reach the level of sexual intercourse. For the simple crime of sexual abuse to occur, it is sufficient that the actions performed are objectively lustful in nature; it is not necessary that the lustful desires of the perpetrator have actually been satisfied.
The Crime of Simple Sexual Abuse of a Child by Harassment: Harassment is considered the mildest form of the crime of simple sexual abuse of a child, which carries a lesser penalty.he Crime of Simple Sexual Abuse of a Child by Harassment: Harassment is considered the mildest form of the crime of simple sexual abuse of a child, which carries a lesser penalty. In the crime of sexual abuse of a child by groping, as in all other crimes of sexual abuse, it is necessary to make physical contact with the body of the victim child. Other acts committed for sexual purposes without physical contact are classified as crimes of sexual abuse of a child. For example, saying “shall I touch your legs” to a victimized child for sexual purposes is considered sexual harassment, and touching in any way is considered sexual abuse by groping.For example, saying “shall I touch your legs” to a victimized child for sexual purposes is considered sexual harassment, and touching in any way is considered sexual abuse by groping.
Groping refers to the superficial, temporary and mild sexual behavior of the perpetrator towards the victim child. For example, touching the 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 the simple crime of sexual abuse and the crime of sexual abuse by groping, which requires less punishment, is that the act of groping occurs by contacting the victim’s child’s body with a Decapitated and sudden action, while the basic form of the simple crime of sexual abuse of a child occurs by performing multiple successive behaviors against the child, reaching the level of sexual exploitation.
It should be especially noted that; for children who have not completed the age of 15, the victim’s consent to the act is of no importance.t should be especially noted that; for children who have not completed the age of 15, the victim’s consent to the act is of no importance. Because, the law did not include sexual behavior committed with consent against children who had ”completed the age of 15 but had not completed the age of 18“ as a crime of sexual abuse, and while it attached importance to the consent of children in this category, it considered any sexual behavior committed against children who had ”not completed the age of 15″ as a crime of sexual abuse of children, even if they had consented. Since the consent of the child is not related to a right that he can absolutely save on legally, it cannot be accepted as 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.Since the consent of the child is not related to a right that he can absolutely save on legally, it cannot be accepted as a reason for compliance with theSince the consent of the child is not related to a right that he can absolutely save on legally, it cannot be accepted as 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.
The Punishment for the Crime of Simple Sexual Abuse of Children is TCK 103
The punishment for the crime of simple sexual abuse of a child is as follows:
A person who sexually exploits a child is punished with a prison sentence of 8 years to fifteen years.
By groping, that is, if sexual abuse remains at the level of groping 3
he is sentenced to imprisonment from one year to 8 years.
If the victim has not completed the age of twelve, the punishment to be given cannot be less than 10 years in the case of simple sexual abuse and 5 years in the case of groping.he is sentenced to imprisonment from one year to 8 years.
If the victim has not completed the age of twelve, the punishment to be given cannot be less than 10 years in the case of simple sexual abuse and 5 years in the case of groping.
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 Complaint Period of the Crime, the Statute of Limitations and Reconciliation
Reconciliation is the agreement between the person accused of a crime and the victim of the crime through communication with a mediator. Sexual abuse crimes are not crimes that are within the scopeeconciliation is the agreement between the person accused of a crime and the victim of the crime through communication with a mediator. Sexual abuse crimes are not crimes that are within the scope of reconciliation. It does not matter if the crime is simple sexual abuse, groping or qualified sexual abuse crime, the reconciliation provisions are not applied in terms of sexual crimes.
If the perpetrator of the crime of sexual abuse by groping is also a minor child, the crime is one of the crimes related to the complaint. An investigation is not conducted unless the victim’s guardian or guardian files a complaint.f the perpetrator of the crime of sexual abuse by groping is also a minor child, the crime is one of the crimes related to the complaint. An investigation is not conducted unless the victim’s guardian or guardian files a complaint. The parent or guardian of the victim must exercise the right to complain within 6 months from the commission of the crime. Refusal to file a complaint is the reason for dropping the criminal case. Dismissal of a complaint is possible at the prosecution stage after an investigation or criminal case has been opened. If the victim gives up the complaint, it is decided that there is no place for prosecution at the investigation stage and the victim cannot use his right to complain about the same incident again. In case of abandonment of the complaint at the prosecution stage, which is the stage at which the criminal case is opened, the court decides to drop the case.If the victim gives up the complaint, it is decided that there is no place for prosecution at the investigation stage and the victim cannot use his right to complain about the same incident again. In case of abandonment of the complaint at the prosecution stage, which is the stage at which the criminal case is opened, the court decides to drop the case.
All sexual abuse crimes except the above case are pursued ex officio by the prosecutor’s office. These crimes are not included among the crimes subject to Decriminalization.
The statute of limitations on litigation 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 commission of the crime, but the case has not been filed, or if the case has not been concluded within the legal time limit, despite the fact that it has been filed. The statute of limitations for the basic form of the crime of sexual abuse of children is 15 years.he statute of limitations on litigation is a criminal law institution that results in the dismissal of a criminal case if a certain period of time has elapse
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