Criminal and Legal Characteristics of Nonviolent Sexual Crimes under Turkish Law

Abstract

The article analyzes the composition of nonviolent sexual crimes, the responsibility for which is provided for by the current norms of the Criminal Code of the Republic of Turkey. These include: sexual act with a minor (article 104), sexual harassment (article 105) and indecent acts (article 225).

There is no legal definition of sexual act and sexual harassment in Turkish legislation. Nevertheless, on the basis of the established law enforcement practice and the systematic interpretation of the norms of the criminal law, the Turkish doctrine has developed appropriate definitions. As a sexual act, vaginal (insertion of the penis into the vagina) and anal (insertion of the penis into the anus) sexual contacts should be considered. Sexual harassment should be recognized as behavior aimed at satisfying sexual needs, excluding direct physical contact with the victim. Taking into account the characteristics of the object of encroachment, such behavior should be obvious and obviously undesirable for the victim.