The crime of sexual assault is a sexual crime that includes acts that violate a person's bodily immunity without their consent. It is regulated in TCK Article 102.
Legal Regulation: TCK Article 102
"Any person who violates a person's bodily immunity through sexual behavior is punished with imprisonment from 5 to 10 years, upon the complaint of the victim."
Qualified Circumstances (TCK art.102/2-3)
- Insertion of an organ or other object into the body: Not less than 12 years
- Spouse's non-consensual sexual intercourse:Depending on the complaint
- Impairment of physical or mental health
- The victim enters a vegetative state or dies
- Processing with more than one person
- Committed by lineage, lineage, sibling, stepfather/mother
- Abusing the influence of office
Complaint and Investigation
Complaint Period
The simple version of the crime of sexual assault depends on the complaint. Complaint period: 6 months from learning of the perpetrator and the act. Qualified cases are prosecuted ex officio.
First Things to Do
Victim Rights
- Free attorney (by the Bar Association)
- Support from Violence Prevention and Monitoring Center (ŞÖNİM)
- Placement in a shelter
- Restraining order within the scope of Law No. 6284
- Hiding identity information
- Request for closed hearing
- Psychological support
- Right to file a lawsuit for moral damages
Evidence Collection and Forensic Medicine
In sexual assault files, physical evidence (DNA, body traces), medical report (gynecological / physical examination), psychiatric report and witness statements are the most critical elements. The report of the Forensic Medicine Institute (ATK) is decisive in most cases.
Court of Supreme Court CGK and Relevant Chamber Jurisprudence
While the General Criminal Assembly of the Supreme Court of Appeals strictly applies the principle of "suspicion is interpreted in favor of the defendant" in sexual assault files, it looks for the consistency of the victim's statements, the medical report and the environmental conditions to be evaluated together.
The 14th Criminal Chamber emphasized that sexual intercourse without the consent of the spouse can also be evaluated as "sexual assault within marriage" within the scope of TCK Article 102, and that the institution of marriage does not create a presumption of sexual consent.
Distinction of Sexual Assault and Similar Crimes
- TCK Article 103 - Sexual Abuse of a Child:For victims under the age of 18
- TCK Article 105 - Sexual Harassment:Without violation of bodily immunity
- TCK Article 104 - Sexual Intercourse with a Minor: 15-18 years of age, with consent but without criminal liability
Other Measures as Sanctions
- Deprivation of certain rights (TCK article 53)
- Enrollment in the sexual crime registry
- Supervision and consultancy
- Continuous recorded monitoring if committed against children
Sexual assault cases require both criminal and psychological sensitivity. Getting the support of an experienced lawyer for victim representation or defense is necessary for the healthy management of the process.