CRIME OF CHILD SEXUAL ABUSE
Abuse means to abuse someone’s goodwill, to exploit. Child sexual abuse means the sexual abuse and exploitation of the underage victim.
The subject of the crime of sexual abuse of the child is the body, sexual immunity and sexual development of the child who was sexually abused.
The legislator used the term ‘sexual assault’ in sexual acts involving contact with persons over the age of 18, and the term ‘sexual abuse’ in acts involving contact with persons under the age of 18.
103/1 of the Turkish Penal Code No. 5237. The crime of simple sexual abuse in Article 103/2. In the article, the crime of qualified sexual abuse is regulated. 103/3 and 103/4 of the TCK. The aggravating causes of the crime in Articles 103/5 and 103/6 of the TCK. In its articles, the aggravated states of the crime are regulated due to the result of the crime.
Article 103 of the Turkish Penal Code No. 5237, which regulates the crime of sexual abuse, corresponds to Articles 414, 415, 416/1-2, 421/2c of the TCK No. 765. It also constitutes the compensation for some of the aggravating reasons regulated in Articles 417 and 418 of the TCK numbered 765.
The crime of sexual abuse of the child, Article 103/1 of the TCK. The crime of simple sexual abuse regulated in Article 103/1-2 of the TCK, the crime of sexual abuse at the level of harassment regulated in the sentence of article 103/2 of the TCK. It is possible to divide it into three as the qualified sexual abuse crime regulated in the article.
The crime of simple sexual abuse and sexual abuse, which has remained at the level of harassment, is any sexual behavior that includes contact on the child’s body with the aim of satisfying sexual desires, but not reaching the level of sexual intercourse.
103/2 of the TCK. The crime of qualified sexual abuse regulated in the article is the sexual acts performed by inserting an organ or other object into the body of the victim who is under the age of 18. These actions do not have to be for the satisfaction of sexual desires. It is sufficient that it was carried out for sexual purposes.
If the contact element does not occur, the crime of sexual abuse does not occur, the crime of sexual harassment occurs.
If the contact element has occurred, but in the form of sudden and interrupted movements, this time, the crime of simple sexual abuse does not occur, but the crime of simple sexual abuse occurs at the level of molestation.
If the contact element has occurred and the defendant’s actions are continuous, if they are not of a sudden and interrupted nature, a simple crime of sexual abuse occurs.
In order to determine which action of the accused is, the way and duration of the action is important and the characteristics of each event should be evaluated separately.
COURT DECISIONS RELATED TO THE CRIME OF CHILD SEXUAL ABUSE
14.CD dated 17.03.2021, 2016/10467 basis, 2021/2161 Decision
“..After the child dragged into crime took the victim Volkan and his siblings, the victim Dilara and Dorukhan, whom he saw in the park on 13.09.2021, to his house, he tried to push the nine-year-old Dilara into her anus after rubbing her bottom and rubbing her genitals on her hip. It is understood from the scope of the file that he left himself without any other external reason preventing him from completing it, and considering that his act, which has become clear in its current form, constitutes the crime of sexual abuse of the child, instead of his conviction, he was sentenced in writing for the crime of attempted sexual abuse of the child…”
14.CD dated 08.03.2021, 2020/5581 Basis, 2021/1887 decision
“… Considering the sincere statements of the victim in stages, the defense and the whole file scope, the short-term, sudden and intermittent action of the accused in the form of hugging the victim, who was eighteen years old on the day of the incident, and squeezing her buttocks, was regulated in Article 103/1-c.2 of the TCK No. 5237. Determination of extra punishment by establishing a written sentence without considering that it constitutes the crime of sexual abuse of the child by molestation…
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