Sexual abuse of a child is a serious crime that involves sexual behavior towards people under the age of 18. It is regulated in TCK Article 103.
Legal Regulation: TCK art.103/1
"A person who sexually abuses a child is punished with imprisonment from 8 to 15 years."
Definition of Child
- Every child under 15 years of age: Without consent
- 15-18 years of age: Process based on force, threat, fraud or any other reason that affects the will
Qualified Circumstances (TCK art.103/3-4)
The punishment is aggravated in the following cases:
- Insertion of an organ or other object into the body: Not less than 16 years
- By more than one person
- In places where people are forced to live collectively
- By descendants, adopted children, half-siblings up to the 3rd degree
- By the person who undertakes the duty of guardian, educator, protection
- If physical and mental health is impaired
- If born as a result of death: Aggravated life imprisonment
Protection of Child Victim
- Having the child testify at once (Child Monitoring Center - ÇİM)
- In the presence of a pedagogue/psychologist
- Closed hearing
- Identity concealment
- Free proxy
- Right to psychological support
Value of the Child's Statement
The General Criminal Assembly of the Supreme Court of Appeals adopts that the child victim's statement alone may be sufficient for conviction if it is not contradictory, consistent and supported by psychiatric evaluation. Changing the statement made during the investigation later requires careful evaluation.
Commitment to Complaint
This crime is prosecuted ex officio; No complaints required. The investigation is initiated automatically.
Right Limitation Period
After the victim child turns 18, the statute of limitations begins to run within 8 years (special regulation).
Sexual Crime Registry
Records of those convicted of this crime are kept on the Sex Offenders Register. The ban on holding public office may be long-term.
Court in Charge
High Criminal Court.
In these sensitive files, support from a lawyer specialized in children's rights and criminal law is mandatory.