29 Apr THE CRIME OF MOLESTATION
I would like to clarify this issue, which, unfortunately, we often encounter today. What is procrastination? What is an attack? What are the elements that distinguish both of them? That is to say;
Crimes committed against sexual immunity are collected under the titles of sexual assault and sexual abuse of children in the Turkish Commercial Code.
Sexual Assault
TCK m.102/1: “A person who violates the body immunity of a person by sexual acts is punished with a prison sentence of five to ten years upon the complaint of the victim. If the sexual behavior remains at the level of groping, a prison sentence of two to five years is imposed.”
Sexual Abuse of Children
TCK m.103/1: “A person who sexually abuses a child is punished with a prison sentence of eight to fifteen years. If sexual abuse remains at the level of harassment, a prison sentence of three to eight years is imposed. The punishment to be given if the victim has not completed the age of twelve cannot be less than ten years in case of abuse and five years in case of harassment. 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. From the phrase sexual abuse;
a) Any kind of sexual behavior committed against children who have not completed or have completed the age of fifteen, but have not developed the ability to perceive the legal meaning and consequences of the act,
b) Sexual acts committed against other children solely on the basis of algebra, threats, deceit, or any other reason affecting willpower, are understood.”
The legislator defined the touching of the human body with ”sexual acts” as a sexual assault if the victim is an adult and sexual abuse if he is a child. 1 Of these articles.according to the provisions of the paragraph, the acts that constitute the material element of sexual assault and sexual abuse crimes are acts that involve all kinds of bodily contact that are of a sexual nature, continuously or instantaneously, without inserting organs or other objects into the body, and violate body immunity. According to their intensity, simple sexual assault (for example, continuous or instantaneous) will constitute the crime of child sexual abuse or molestation.
What Is the Difference Between Groping and Decapitation?
Harassment: These are sudden and intermittent (non-continuous) behaviors that involve bodily contact on the victim and do not reach the level of inserting an organ or other object into the body. Momentary touching, contact, hugging, non-persistent sexual stroking, non-repeated kissing, that is, briefly, are behaviors that can be terminated by the victim’s reaction. It is important to note that in order for us to talk about procrastination, it must be established that the movements performed momentarily have a sexual purpose.
The suddenness of sexually explicit acts does not mean that the perpetrator made his act on an impulse that occurred at that moment. The element of memory that we need to look at here is that the verb occurs momentarily when it occurs on the victim and is of a non-recurring (non-continuous) nature.
Assault: This is an intensified and persistent continuation of sexually qualified movements that involve bodily contact on the victim and do not reach the level of insertion of organs or other objects into the body, the perpetrator is not sudden and continuous for the satisfaction of feelings of martyrdom. From the continuity here, the intention does not mean that the verb has been spread over a long period of time and has been repeated many times. The main thing is all kinds of persistent actions aimed at satisfying sexual desires, which are committed directly on the victim, show continuity.
In order for us to accept that the offense of groping has occurred, it is enough that the act of sexual content is performed instantaneously. Momentary, intermittent, non-continuous are the elements that are specific to action, not thought, and constitute the determining criteria for the offense of groping. In the light of this information, if the perpetrator suddenly performs the act that he has planned in advance and repeats it at different times, he falls under the scope of the offense of groping and TCK m.43 the provisions of the chained crime also apply to this crime.
Supreme Court 14. CD., , 2018/1853 e., 2019/9781 K., 15.05.2019 T.
“…according to the victim’s statement and the entire scope of the file, the defendant’s action in the form of kissing the victim on the right cheek at the time of the incident occurred suddenly, briefly and intermittently, and remained at the level of harassment due to the fact that it did not provide continuity, the establishment of the provision in writing required a violation, as the appeals of the defendant’s defense were considered in place as such, in accordance with Article 8/1 of Law 5320 No. 1412, in accordance with Article 5320 of the provision CMUK’s 321.its deterioration in accordance with the article was decided unanimously on 15.05.2019,…”
Supreme Court 14. CD., dated 17.04.2019, 2018/7540 E., 2019/9184 K., 17.04.2019 T.
“…Suitable for the formation of admission, according to the defendant on the day of the event, and her dress hugged her breasts fondled and kissed his neck magdure over to kiss her on the lips and moves to the back of the file contents that were taken when magdure all understood that, although the action is sudden and discontinuous in a manner established in its current form, short-term because it remains at the level molestation, given that the provision should be established, while the evidence for the action in question is beyond the content of the file with conflicts of molestation level to be taken into account and, by the tribunal of First Instance No. 5271 230/1 CMK-b. 289/1-g of the same Law by deciding to reject the appeal application for the conviction established on the grounds that it does not comply with the article, instead of accepting it in writing, on the basis of a written refusal.the opposition to the article is contrary to the law and since the appeals of the defendant’s defense are considered to be in place as of this moment, the Ankara Regional Court of Justice 17. 302/2-4 of CMK No. 5271 of the Criminal Court of 10.11.2017 of the day and 2017/2585 of the Decision No. 2017/2190 of the Decision No. 3271 on the fundamental refusal of the application for appeal of the foundation No. 2027/2190. according to the article and its paragraph, it has been decided to be corrupted…”
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