16 Nov What Is the Crime Of Sexual Abuse?What Is Legal Sanction?
What is the crime of sexual abuse of children?
The offense of sexual abuse of the child is caused by the sexual behavior in the form of physical contact with the child of a certain age determined in the law. The crime is regulated under the section “Violence against sexual immunity” in Article 103 of Turkish Penal Code No: 5237. The most important element of the crime is the victim child in the crime of sexual abuse. The child is defined in Article 6/1-a of the Turkish Penal Code as 18 the person who has not yet reached the age of 18 Çocuk.
In terms of sexual abuse crimes, the concept of child is discussed in three categories:
Sexual abuse of children under the age of 15,
Sexual abuse of children who have completed the age of 15 and who have not developed the legal meaning and consequences of
Sexual abuse of children in the age group of 15-18, based solely on algebra, threat, cheating or any other reason affecting the will.
Elements of the Crime of Simple Sexual Abuse of Children
The basic form of the offense of the child’s simple sexual abuse: The basic form of sexual abuse is the basic form of the child’s sexual exploitation crime and occurs on the child’s body, with the aim of satisfying sexual desires, but with sexual behaviors that do not reach the level of sexual intercourse. In order to create a simple crime of sexual exploitation, it is sufficient that the actions carried out should be objectively martyr; the perpetrator’s desire for shah is not necessarily satisfied.
Penetration of the Child’s Simple Sexual Abuse with Sarcomia: Narcissism is considered to be the lightest form of the child’s simple sexual exploitation offense. As with all other sexual abuse offenses, it is necessary to make physical contact with the victim child’s body. Other sexual acts committed without sexual contact are considered as sexual harassment of the child. For example, sexual assault means cinsel touch your legs ım to the victim child for sexual purposes; touching in any way is to be considered as sexual abuse by sagging.
Molestation; refers to the superficial, transient and mild sexual behavior of the perpetrator. For example, touching the child for sexual purposes, kissing once, etc. sexual behaviors such as suspicion are considered as crimes of sexual abuse.
The basic difference between the basic form of simple sexual abuse crime and suspicion that requires less punishment; The fact that the act of incarnation is interrupted by a sudden and sudden action, the basic form of a child’s simple sexual exploitation is the occurrence of multiple behaviors in a way that will reach the level of sexual exploitation against the child.
It should be noted that especially; For children who have not completed the age of 15, it is of no importance for the victim to consent to the action. Because the law çocuklar 15 years of age has not completed the age of 18 her children who are not committed to the sexual behavior committed by their consent for sexual abuse and children in this category, while giving importance to the consent of children, alar 15 years old ı children against sexual attitudes of all kinds, even if the consent of children sexual has been considered a crime of abuse. Since the consent of the child is not legally related to a right which he can save on an absolute basis, he cannot be accepted as a reason for legal compliance. Therefore, the fact that children who have not completed the age of 15 consent to sexual abuse does not prevent the perpetrator from being punished.
Punishment of Children’s Sexual Abuse Criminal TCK 103
The offense of a simple child sexual abuse is as follows:
The person who sexually abuses the child is sentenced to imprisonment from 8 to fifteen years.
In the case of lethargy, ie sexual abuse at the level of sagging
up to 8 years imprisonment shall be imposed.
If the victim has not completed the age of twelve years, the punishment to be imposed cannot be less than 10 years in the case of simple sexual abuse and less than 5 years in the case of sarcasm.
If the perpetrator of the offending crime is a child, the investigation and prosecution shall be subject to the complaint of the victim, his / her guardian or his guardian.
Complaint Period, Timeout and Reconciliation of Crime
Reconciliation is the agreement of a person who is a victim of a crime and a victim through a mediator. The offenses of sexual exploitation are not crimes within the scope of reconciliation. Crime; no matter whether it is a simple sexual abuse, molestation or qualified sexual abuse, reconciliation provisions are not applicable in terms of sexual crimes.
If the perpetrator of the crime of sexual exploitation with suspicion is the youngest child, the offender is a criminal offense. No investigation is conducted unless the parent or guardian of the victim complains. The guardian or guardian of the victim should use the right to complain within 6 months of the crime. Discontinuation of the complaint is the reason for the fall of the criminal case. Discontinuation of the complaint is possible at the prosecution stage after the investigation or criminal proceedings are opened. If the victim has withdrawn the complaint, it is decided that there is no room for prosecution at the investigation stage and the victim cannot use the right to complain again about the same incident. In the case where the criminal case is opened, the court decides to drop the case if the court discontinues the complaint.
All sexual abuse offenses except for the above are followed by the prosecution office. These offenses are not among the offenses subject to complaint.
The case statute of limitations is a criminal law institution which has resulted in a decrease in the criminal case if a certain period of time has elapsed since the date of the offense has not been filed or if it has not been concluded within the legal period despite the filing of a lawsuit. The statutory limitation period of the offense of sexual abuse of children is 15 years. Such sexual offenses may be investigated at any time during this statute of limitations and a public action may be brought against the offender.
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