What is the Crime of Child Sexual Abuse? (TCK 103)
The crime of sexual abuse of a child is formed by the manifestation of sexual acts in the form of physical contact with the body of a child of a certain age established by law (TCK 103/1). The crime is a violation of Article 103 of the Turkish Commercial Code No. 5237. in its article it is regulated in the section on crimes “Against Sexual Inviolability”. In the crime of sexual abuse, the victim is a child and is the most important element of the crime. The child is defined as a “person who has not yet turned 18 years old” in Article 6/1-a of the Turkish Commercial Code.

From the point of view of sexual abuse crimes, the concept of children 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 have not developed the ability to perceive the legal meaning and consequences of the act directed at them,
sexual abuse of children in the age group of 15-18 years based solely on algebra, threats, deceit, or any other reason affecting willpower.
Sexual crimes are generally categorized as follows:

CRIME OF SEXUAL ABUSE: THE RULE PUNISHES ACTS COMMITTED FOR SEXUAL PURPOSES BY MAKING PHYSICAL CONTACT AGAINST CHILDREN WHO HAVE NOT COMPLETED THE AGE OF 15 (TCK MD.103). ACTS COMMITTED AGAINST CHILDREN IN THE AGE GROUP OF 15-18 YEARS FOR CHEATING, ALGEBRA, THREATS OR FOR SOME REASON AFFECTING THE WILL ON THE CHILD’S BODY ARE ALSO CONSIDERED A CRIME OF SEXUAL ABUSE.
Crime of Sexual Assault: As a rule, it punishes acts committed for sexual purposes by making physical contact (without cheating, algebra, threats or any other reason affecting the will) against people older than the age of 15-18 or victims of the age group (TCK 102)
Decriminalization of Sexual Harassment: Regardless of the age of the victim, without bodily contact between the perpetrator and the victim, without decriminalization, verbal abuse in public, etc. punishes acts committed with sexual behavior expressed as follows (TCK 105)
Crime of Sexual Intercourse with a Minor: A crime of sexual intercourse with a minor occurs if a child has consensual sexual intercourse with children in the age group of 15-18 years (TCK 104).

 

… TO THE PROSECUTOR GENERAL’S OFFICE

 

THE COMPLAINANT

(COMPLAINANT) :

 

TC IDENTIFICATION NUMBER :

 

attorney :

 

address :

 

RESPONDENT :

(SUSPECTED)

 

CRIME : Sexual Abuse of a Child

 

DATE OF OFFENSE : …/

 

INSTRUCTIONS :

 

1-) The accused … , …/

 

2-) Our client … Although he has not completed the age of fifteen, he is not in a position to perceive the fact that he has been deceived with the anxiety that he will experience at that moment. Therefore, he believed what the defendant said and got into the defendant’s car under the pretext of taking the defendant to the hospital.

 

3-) The accused , …. He parked the car at the location of his province, locked the car and started to approach our client. Our client … During the resistance, our client fainted by hitting his head in the glove compartment. Knowing this opportunity, the defendant has repeatedly sexually assaulted our client.

 

4-) A few hours after the incident, the defendant left our client in a semi-unconscious state near his home and before leaving, he clung to my client’s throat, threatening that “If he tells your mother or father about the incident, he will do ten times that, there is nothing more that he has done, and he will also cut their throat”.

 

5-) Our client did not mention this issue to his family for a long time due to the fear and sadness he experienced, but the situation arose when his mother squeezed him one day.

 

6-) The defendant’s action against our client is in accordance with Article 103 of the Turkish Criminal Code No. 5237. since it constitutes the crime specified in the article, the filing of a complaint petition has become mandatory.

LEGAL REASONS : 5237 P. K. m. 103 and related legislation.

 

CONCLUSION AND PROMPT : It is doubtful for the reasons described above …. …. we request by proxy that a decision be made to open a public case for punishment by conducting an investigation against him. …/…/….

 

 

Attorney of the Client

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