TCK Article 103 regulates the crime of sexual abuse of a child. It is one of the articles that foresees the heaviest penalties in Turkish criminal justice; Penalties are graded according to the age of the victim.
Penalties
- Art.103/1: Against a child who has not completed the age of 15 or who has completed the act but has not developed the ability to perceive the legal meaning and consequences of the act: 8-15 years imprisonment.
- Article 103/2: If the action is carried out by inserting an organ or other object into the body: Prison for not less than 16 years.
- Art.103/3: Abuse committed against a child between the ages of 15 and 18, based on force, threat, fraud or any other reason affecting the will: the basic penalty is increased by half.
- Art.103/4: Use of force or threat, the perpetrator is qualified armed, by more than one person: the penalty is further increased.
- Article 103/5: It is an aggravating factor that the crime disrupts the physical and mental health of the victim and causes death or vegetative state.
Protection of the Victim — GRASS Process
Child Monitoring Center (ÇİM) are centers where the child victim's statement is taken one-time and in a way that does not cause trauma, and medical and psychological support is provided:
- Single conversation under video/audio recording.
- In the presence of a pedagogue/psychologist.
- The opportunity for the family to watch the meeting.
- Forensic examination is in the same center.
- The principle of not taking repeated statements.
Supreme Court 14th CD — Established Approach
14. CD attaches great importance to the "victim's statement" in child sexual abuse; A consistent statement made in a language appropriate to the child's age and development is sufficient for conviction when supported by circumstantial evidence. It is mandatory to read/show ÇİM interview records at the hearing in order to protect the victim from re-traumatization.
Limitations
- There is no compromise in these crimes.
- Postponement and HAGB are limited.
- It does not depend on the complaint; It is prosecuted ex officio.
- The statute of limitations runs from the time the victim reaches adulthood.
Social Support Mechanisms
Practical Advice for the Family
- When in doubt, do not question the child; Leave it to the TURF expert.
- Do not discuss the incident in front of the child.
- Forensic medicine or hospital emergency for medical report
- Try not to disrupt the child's daily routine.
- Take advantage of free proxy.
Child abuse cases are one of the most sensitive legal processes. Specialized child law and criminal defense attorney is a must.