The legal interest protected by offences against sexual integrity
Sexual integrity means the protection of persons against unlawful interference with their sexual sphere. This protection is not limited to interference with the body; it concerns human dignity, personal autonomy, sexual freedom and the healthy development of children. Even though the offences are regulated in the same section, the constituent elements of each must be proved separately. A grave accusation cannot justify relaxing the principle of legality in offences and penalties or the guarantees of a fair trial.
Adults’ freedom of will and the special protection of children
For adults, the existence of legally valid will is an important point of debate. For children, by contrast, age, the capacity to perceive the meaning and consequences of the act and the special protection of the law come to the fore. The apparent acceptance of a child under fifteen and the legally valid consent of an adult do not produce the same result. Even for children who have completed the age of fifteen, the decisive conditions differ between TCK Articles 103 and 104.
The victim’s rights and the defendant’s right of defence must be protected together
The victim must be heard in suitable conditions, lawfully obtained evidence must be gathered without delay and renewed trauma must be prevented. On the other hand, a person can be punished only if it is established by sufficient and lawful evidence that he or she committed an act defined by law. An effective investigation and a reasoned, fair judgment are different aspects of the same judicial obligation.
The offences in TCK 102–105 and the correct legal characterisation
The characterisation of an offence derives not from the first heading written in the investigation file but from whether the concrete conduct satisfies the statutory elements. In sexual assault, what matters is interference with bodily integrity through sexual conduct; in sexual abuse of children, the age and the special conditions; in sexual intercourse with a minor, the presence of the element of intercourse as defined by law; and in sexual harassment, harassment with a sexual purpose and, as a rule, the absence of physical contact.
Comparative matrix of the types of offence
| Offence | Provision | Distinguishing question |
|---|---|---|
| Sexual assault | TCK Article 102 | Has bodily integrity been violated through sexual conduct? |
| Sexual abuse of children | TCK Article 103 | What are the age, the capacity to perceive and the nature of the conduct? |
| Sexual intercourse with a minor | TCK Article 104 | Is there sexual intercourse with a child who has completed the age of fifteen, under the conditions defined by law? |
| Sexual harassment | TCK Article 105 | Is this harassment with a sexual purpose that involves no physical contact? |
Why are physical contact and the victim’s age decisive?
Not every disturbing remark can automatically be classed as sexual harassment, nor every physical contact as sexual assault. The sexual nature of the act, its context, the intent and the victim’s legal status must be determined. In some cases the victim’s age changes not only the penalty but the type of offence itself. Where the legal characterisation changes under CMK Article 226, the right to an additional defence must be considered.
TCK Article 102 — The offence of sexual assault
TCK Article 102/1 regulates the violation of a person’s bodily integrity through sexual conduct. The penalty for the basic offence of sexual assault is imprisonment from five to ten years, and for conduct that remains at the level of molestation (sarkıntılık) it is imprisonment from two to five years. Whether an act remains at the level of molestation is assessed not by duration alone but by the nature and intensity of the specific movement and all the circumstances.
The distinction between molestation and basic sexual assault
The momentary or limited nature of molestation does not by itself justify a judgment. The intensity of the act, its repetition, the part of the body targeted, the manner of the interference and the other facts in the file must be examined. An act cannot be automatically characterised as molestation merely because it was brief; equally, it cannot be assumed that all the elements of the basic form were met for every contact.
Insertion of an organ or other object into the body
Under TCK Article 102/2, where the act is committed by inserting an organ or another object into the body, imprisonment of not less than twelve years is provided. There is no general requirement that lasting physical traces be found for the offence to be established; on the other hand, proof by lawful evidence that the act took place is necessary.
Sexual assault against a spouse and the special complaint rule
Marriage does not remove protection of sexual integrity. Where the act in TCK Article 102/2 is committed against a spouse, investigation and prosecution depend on the victim’s complaint. Which paragraph the offence falls under, the scope of the complaint requirement and any other offences are examined separately in the specific case.
Aggravated forms and aggravated outcomes
Under TCK Article 102/3, the penalty is increased by one half in cases such as an act against a person who is unable to defend themselves, abuse of influence arising from public office or a service relationship, certain family relationships, the use of a weapon or the joint action of more than one person, and exploitation of the opportunity offered by a setting of communal living. Article 102/4 separately regulates the outcome of intentional injury with serious consequences, and Article 102/5 regulates aggravated life imprisonment where the victim is left in a vegetative state or dies. The serious outcome cannot be applied without examining causation and the relevant general provisions.
TCK Article 103 — Sexual abuse of children
TCK Article 103 draws distinctions according to the child’s age and capacity to perceive. Children who have not completed the age of fifteen, and children who have completed fifteen but whose capacity to perceive the legal meaning and consequences of the act has not developed, are protected by the special protection of the law against any kind of sexual conduct. For other children, the existence of force, threat, deception or other causes affecting will becomes important. In every case the relevant material and mental elements of the offence must be investigated.
Statutory basic penalties and special minimum limits under the age of twelve
| Legal form of the act | Basic sanction under TCK Article 103 |
|---|---|
| Basic sexual abuse | 8–15 years’ imprisonment |
| Abuse at the level of molestation (sarkıntılık) | 3–8 years’ imprisonment |
| Insertion of an organ or other object | Imprisonment of not less than 16 years |
If the victim has not completed the age of twelve, the penalty for basic abuse cannot be less than ten years, for molestation less than five years, and where an organ or other object is inserted less than eighteen years. These provisions do not by themselves produce the concrete penalty; aggravated circumstances, increases and the norm in force on the date of the incident are examined separately.
The child’s apparent consent and the capacity to perceive
The apparent acceptance of a child under fifteen does not remove the protection of Article 103. For a child over fifteen, the capacity to perceive, the circumstances affecting will and the relevant type of act must be determined. Reducing the age groups to a single category can lead to error both in whether the offence is established and in the amount of the penalty.
Molestation, a child perpetrator and the special complaint condition
TCK Article 103/1 separately punishes acts that remain at the level of molestation. Where the perpetrator of an offence that remains at the level of molestation is a child, the special complaint condition in the Code must be observed. The conditions of TCK Article 31 on the perpetrator’s minority also apply separately.
Family relationships, abuse of influence and other aggravated circumstances
Aggravating circumstances such as certain family relationships specified by law, joint commission, the relationship of teacher, carer, protection or supervision, and influence arising from public office and service relationships apply only when the statutory conditions are met. Acquaintance is not proof of every relationship of trust or influence.
Determining age: population registration and medical assessment
Date of birth, school or health records, old official documents and, where necessary, expert reports can be assessed together. An age estimate based on biological development is not the same data as the date of birth that must be established in law. The margin of uncertainty of the medical opinion and the limits of the method used must be explained in the decision.
TCK Article 104 — Sexual intercourse with a minor
TCK Article 104/1 regulates sexual intercourse with a child who has completed the age of fifteen, without force, threat or deception, on complaint, with imprisonment from two to five years. The presence of sexual conduct alone is not enough here; the element of sexual intercourse required by the relevant paragraph must be fulfilled.
The boundary with TCK Article 103 and force–threat–deception
Conduct against a child who has completed fifteen, carried out by force, threat, deception or another cause affecting will, may, depending on the circumstances, fall within Article 103. An assertion that there was no force does not mean that all the conditions of Article 104 have been proved.
Special aggravated forms and the complaint condition
TCK Article 104/2 makes an act committed with a person with whom marriage is prohibited punishable, without the need for a complaint, by imprisonment from ten to fifteen years. Article 104/3 separately regulates specific conditions of protection, care and supervision in the relationship of care before adoption or foster family care. The complaint rule for the basic offence must not be extended to all paragraphs.
Where both parties are children
That both parties are children does not mean the incident is automatically free of punishment. The legal nature of the act, the ages of the parties, any conditions of TCK Article 31 on the perpetrator’s criminal responsibility, and all the elements of the relevant offence are determined together.
TCK Article 105 — Sexual harassment
TCK Article 105 punishes harassment with a sexual purpose. Depending on the conditions, the offence may be committed by verbal, written or digital means and, as a rule, without physical contact. In its basic form, imprisonment from three months to two years or a judicial fine is provided, and where the act is committed against a child, imprisonment from six months to three years. It is not possible for every disturbing remark automatically to count as sexual harassment; the sexual purpose and the harassing nature must be made concrete.
Digital harassment, the workplace and the service relationship
Statutory increases may come into play in the cases of Article 105/2, such as exploiting the ease offered by electronic communication tools, influence arising from public office or a service relationship, or exploiting the ease offered by working in the same workplace. Where, as a result of the act, the victim leaves a job or leaves school or family, this is assessed separately as regards the special minimum limit. Account ownership, the integrity of messages and information on the actual recipient matter in the examination of digital evidence.
Consent, force, threat, deception and impairment of will
Consent cannot be automatically inferred from past closeness or from the parties knowing one another. Force, threat, deception, loss of consciousness, being unable to defend oneself, severe pressure and exploited power relationships must be examined within the conditions of the specific type of offence. The victim’s failure to show actual resistance is not conclusive proof of legally valid consent; likewise, an apparent statement cannot be detached from the context of the incident.
The age-based distinction in consent
The will of an adult, the apparent acceptance of a child who has not completed fifteen and the will of a child over fifteen cannot be treated as equivalent. First the correct type of offence, then the conditions of that offence concerning consent and will, must be examined.
The absence of physical resistance and of injury marks
The absence of physical resistance or of medical findings does not make the offence legally impossible. Conversely, the existence of a physical finding does not in every case prove, by itself, all the elements of the offence and the identity of the perpetrator. A detailed and reasoned assessment of the evidence is required.
Intent and mistake provisions: TCK Articles 21 and 30
The perpetrator’s intent is determined according to the statutory definition of the offence. A mistake as to the material element in the statutory definition under TCK Article 30/1 must not be confused with the unavoidable mistake as to the wrongfulness of the act under Article 30/4. In a defence of mistake as to the victim’s age, what is decisive is what the perpetrator knew at the time of the act; information learned afterwards cannot be direct proof of past intent.
Evidence that may be considered in investigating a mistake as to age
Social media records, the length of the parties’ acquaintance, information about school or family circles, correspondence and statements of age in declarations can be assessed together. The age shown on a social media profile alone, or a subjective assessment of physical appearance, does not produce a necessary conclusion.
Accepting a mistake does not mean automatic acquittal
A mistake as to the material element may affect the intent of the offence, but whether the act constitutes a different type of offence must be assessed separately. For this reason the relationship between Article 30 and Articles 103–104 must be addressed together. Detailed case law on mistake as to age is considered in Gunes & Gunes’s separate review of TCK Article 30.
Attempt, participation, continuing offences and concurrence
TCK Article 35 regulates attempt, Articles 37–40 participation, Article 43 continuing offences (zincirleme suç), and other relevant articles the provisions on concurrence of offences. Preparatory conduct and the commencement of execution, closeness to the perpetrator and participation in the offence, and repeated independent acts and acts based on a single decision to commit the offence must not be confused. In the same incident, injury, threat, deprivation of liberty or other offences may also arise; the special provision and unity of act are discussed separately.
Evidence and proof in sexual offences
Sexual offences sometimes take place in settings where there are no witnesses. The victim’s statement may therefore be important; however, its being the sole evidence does not make it worthless, and its existence does not prove all the elements beyond dispute. The consistency of the statement, explicable differences, whether witnesses speak from first-hand knowledge, medical findings and digital records must be assessed together. Under CMK Article 217, the judgment must be based on evidence obtained lawfully and discussed at the hearing.
Assessing the victim’s statement
Differences in account attributable to a child’s age or traumatic circumstances cannot automatically be treated as untruthfulness. By contrast, how decisive contradictions on the essential elements of the offence have or have not been resolved must be shown in the reasoned decision. The method by which the victim’s statement is assessed is examined separately in each file.
Forensic medical report, digital record and witness testimony
A forensic medical report is illuminating as to physical or biological findings; it does not make a final assessment of guilt on behalf of the court. In digital content, the date, account ownership, integrity, and the manner of acquisition and preservation are examined. In witness testimony, direct observation is distinguished from hearsay and inference. Whether unlawfully obtained evidence can be used as the basis of the judgment is reviewed separately.
A comparison showing the legal function of the evidence
| Evidence | What it can establish | What it does not prove of itself |
|---|---|---|
| Victim’s statement | The account and circumstances of the incident | Automatic proof of all aggravated circumstances |
| Forensic report | Physical/biological findings | Intent, and the identity of the perpetrator in every case |
| Digital correspondence | The content and timing of communication | Definitive account ownership and the whole context |
| Population records | The victim’s age | The perpetrator’s knowledge of that age |
| Witness testimony | Facts the witness knows or saw | Certainty about an act the witness did not personally know |
The principle that the benefit of the doubt goes to the defendant and the presumption of innocence
A conviction depends on reaching the necessary certainty, through lawful evidence, as to proof of the offence. An acquittal does not mean that the victim necessarily lied deliberately. The court must discuss both the allegation and the defence in a manner consistent with the file and open to review.
Protection of the child victim and CMK Article 236
CMK Article 236 contains special safeguards in the hearing of a child victim, or of a victim whose psychology has been impaired by the effect of the offence. The basic aim is to reduce the risk of renewed trauma while obtaining the evidence reliably. Under the special conditions of the provision, the participation of an expert and the taking of statements in a special setting may come into play.
The limit on repeated questioning
CMK Article 236/2 provides that, except in cases that are necessary for establishing the material truth, the child or victim concerned is to be heard once. If a further hearing is required, the reason for the necessity must be explained and suitable protective methods used.
Expert participation, special setting and recording
Under CMK Article 236/3–5, accompaniment by an expert, statements in a special setting in certain cases, and the taking of statements of children who are victims of TCK Article 103/2 at the relevant centres under the supervision of the public prosecutor are separate arrangements. Practice in Child Monitoring Centres (Çocuk İzlem Merkezleri) and forensic interview rooms is not the same concept as the statutory provision; the procedure applicable in the specific file must be reviewed.
Balancing protection of the child with the defence’s right to put questions
It is not necessary for a child victim to confront the defendant directly. Nevertheless, the fair-trial guarantees that enable the defence to challenge the reliability of the decisive statement effectively must also be protected. Tools such as suitable recording and the relaying of questions through an expert are assessed according to the circumstances of the file.
The rights of defence of the suspect and the defendant
Under Articles 36–38 of the Constitution and Article 6 of the ECHR, the presumption of innocence, the right to the assistance of defence counsel, access to evidence, adversarial proceedings and the right to a reasoned decision apply. The social weight of an allegation of a sexual offence does not remove these guarantees. The right to inspect the file under CMK Article 153 and a restriction order subject to statutory conditions must be assessed at the same time.
A change in legal characterisation and additional defence
If the legal nature of the act stated in the indictment is assessed differently, the conditions of CMK Article 226 on additional defence must be examined. The new legal characterisation must not become a surprise judgment for the defendant.
Complaint, withdrawal and limitation
Not all sexual offences depend on a complaint. Separate conditions apply to TCK Article 102/1, the special case of Article 102/2 concerning a spouse, the exception in Article 103 for a child perpetrator’s act at the level of molestation, and to Article 104/1 and Article 105. Withdrawal of a complaint does not of itself end an offence that does not depend on a complaint. The general six-month period in TCK Article 73 and the conditions of learning of the offence are examined in the specific case. The limitation period for prosecution varies under TCK Articles 66–67 according to the characterisation of the offence, the upper limit of the penalty, age, and the acts of suspension and interruption.
Detention, judicial control and protection of the victim
Under CMK Article 100, pretrial detention must be reasoned on concrete evidence showing a strong suspicion of the offence, on a ground for detention and on proportionality. A catalogue-offence provision does not mean automatic detention. Under CMK Article 109, it must be examined whether the purposes of the proceedings can be achieved through judicial control options and lighter measures. Measures protecting the victim from pressure and threats are also assessed on their own special statutory bases.
Determination of the sentence and effects on enforcement law
Under TCK Article 61, first the basic penalty corresponding to the act, then the aggravated circumstances and applicable increases, and then the relevant reductions are assessed. A discretionary reduction under TCK Article 62 is not automatic. On deferment of the pronouncement of judgment (HAGB), suspension, recidivism, conditional release and supervised release, no definitive result can be stated without examining the resulting sentence, the type of offence, the dates of the incident and judgment, and the special prohibitions. Law No. 5275 contains special enforcement rules for certain sexual offences. A definitive time-to-serve calculation cannot be made from the upper or lower limit of the penalty in the TCK alone.
Appeal, cassation and individual application
At the appeal (istinaf) stage, the assessment of evidence, the elements of the offence, the legal characterisation, the reasoning and procedural guarantees are examined. The availability of cassation (temyiz) varies with the type of judgment under CMK Article 286 and special provisions. An individual application to the Constitutional Court (AYM) does not replace ordinary cassation; the admissibility conditions are assessed separately for allegations of violations of the rights to examine witnesses, to a reasoned decision, to an effective investigation and to a fair trial.
Compensation and personality rights of victims of sexual offences
Criminal liability and liability to pay compensation are different. Under TBK Articles 49, 54, 56 and 74, physical harm, treatment expenses, loss of earnings, non-pecuniary damage and the extent to which the civil court is bound by the criminal judgment may be examined in the specific case. Acquittal, conviction and the civil court’s assessment of proof are not automatic equivalents of one another. Disclosing the identity or health information of the victim falls outside the informational purpose of the article.
Evidence and legal characterisation in the case law of the General Assembly of Criminal Chambers of the Court of Cassation
In this review, the number of precedents is not in itself an indicator of quality. The decisive facts, the comparison of the evidence and the outcome of the judgment must be explained under the same issue. Below, opposing approaches to proof are presented on the basis of the accessible full texts of two real decisions. In evaluating the decisions, the law applied in time and the history of reversal and insistence (direnme) are important.
Court of Cassation General Assembly of Criminal Chambers (YCGK), 12.09.2023, E.2022/269, K.2023/425 — The victim’s account and the totality of the other facts
In a sexual assault case before the Kocaeli 3rd Criminal Court of First Instance (Asliye Ceza Mahkemesi), the General Assembly of Criminal Chambers of the Court of Cassation (Ceza Genel Kurulu) ruled following a reversal of the first-instance conviction and an objection by the Chief Public Prosecutor’s Office at the Court of Cassation. The decision discussed together the consistency of the victim’s account across the stages, the manner in which the incident came to light, whether there was any enmity between the parties that could explain the accusation, and the nature of the witness’s knowledge of the incident. The distinguishing feature of the decision is that the victim’s statement is assessed not by a single abstract formula but through the concrete facts of the file. Source: aycanceylan.av.tr; alternative full text: consultohukuk.com.
YCGK E.2020/155, K.2021/320 — Decisive doubt and the assessment of acquittal
In a file concerning an allegation of aggravated sexual abuse of a child, the timing of the complaint, the victim’s accounts, other written records and the defendant’s defence were assessed together. The high court focused on whether the certainty required for proof had been reached. The decision is an example of applying the principle that doubt that cannot be dispelled on the concrete evidence is resolved in the defendant’s favour. However, this decision does not mean that every belated complaint is unfounded. Source: ictihatlar.com.tr.
Comparison: the reason for the different outcome is the different state of the evidence
In the first decision, the role is played by the surrounding facts supporting reliability; in the second, by the doubt that could not be dispelled on the basic allegation. A different judgment does not always mean a change of legal principle. The scope of the evidence, the matters discussed by the first-instance judge, the ground for reversal and the process of insistence must be followed one by one.
The link to the 2026 case law on mistake as to age
A mistake as to age under TCK Article 30 is a special sub-issue of this main guide. In the separately prepared review of the 2026 decisions of the General Assembly of Criminal Chambers, the acceptance, rejection and unreasoned treatment of the mistake are analysed as different groups of decisions. Instead of republishing the same long quotations in this main guide, only the necessary legal distinction is retained.
Conclusion
TCK Articles 102–105 regulate four separate offences against sexual integrity; for the correct characterisation, the victim’s age, the nature of the act, physical contact, consent, force, threat, deception, intent and aggravated circumstances must each be determined separately. Effective protection of the victim and the defendant’s presumption of innocence and guarantees of defence must be upheld together. The victim’s statement, forensic findings and digital records are assessed not by a categorical ranking of evidence but by their concrete content and reliability. The procedures of CMK Article 236, which prevent renewed trauma to the child victim, and the right to adversarial proceedings are balanced against one another. No single formula can be applied to every file in respect of calculation of the penalty, complaint, limitation and enforcement. The task of a state governed by the rule of law is not to accept or reject an accusation in advance, but to reach a reasoned judgment through a lawful investigation.
Related Articles
- The Offence of Sexual Abuse of Children: Article 103 of the Turkish Penal Code, Age Thresholds, Penalties, Aggravated Forms and Court of Cassation Case Law
- Evidentiary Value of the Victim's Statement in Sexual Offences: Contradictory Statements, Corroborating Evidence and Court of Cassation Decisions
- Testimony at the Child Monitoring Center and in the Forensic Interview Room: CMK 236, Protection of the Child and Defense Rights
- Sexual Assault and Aggravated Sexual Assault: TCK 102, Elements of the Offense, Penalties and Court of Cassation Case Law
- Sexual Intercourse with a Minor under TCK 104: Age, Consent, Complaint and Legal Characterization
- Sexual Harassment in the Digital Environment: TCK 105, Social Media, Messages, Persistent Communication and Evidence
- Forensic Medicine and DNA Evidence in Sexual Offences: The Probative Force of Reports and the Limits of Expert Examination
- Complaint, Withdrawal of the Complaint and Limitation Periods in Sexual Offences: The Different Regimes of TCK Articles 102–105
- Reasoning of Acquittals and Convictions in Sexual Offences: The Principle That the Benefit of the Doubt Goes to the Defendant
- Appeal and Cassation in Sexual Offences: Review of Evidence, Errors in the Legal Characterisation of the Offence and Grounds for Reversal
- Enforcement and Time-to-Serve Calculation in Sexual Offences: Conditional Release, Supervised Release and Exceptions
- Compensation Rights of Victims of Sexual Assault and Abuse: Pecuniary and Non-Pecuniary Damages, Evidence and the Civil Action
- Blackmail and Threats Involving Sexual Images: TCK 107, Digital Evidence, Legal Characterisation and Victims' Rights
- Unauthorized Recording and Dissemination of Intimate Images: TCK 134–136, Private Life and Personal Data
- Obscene Content Involving Children: TCK 226, Production, Possession, Distribution and Digital Evidence
- Offenses of Inducing and Facilitating Prostitution and Sexual Exploitation: TCK 227, Child Victims, Force and Court of Cassation Case Law
Frequently Asked Questions
How many offences are there against sexual integrity?
TCK Articles 102–105 regulate sexual assault, sexual abuse of children, sexual intercourse with a minor and sexual harassment.
What is the basic difference between sexual assault and sexual harassment?
Sexual assault concerns violation of bodily integrity through sexual conduct; sexual harassment concerns, as a rule, harassment with a sexual purpose that involves no physical contact.
What is the penalty for sexual assault?
TCK Article 102/1 provides 5–10 years’ imprisonment for the basic form and 2–5 years for an act that remains at the level of molestation; aggravated circumstances may change the outcome.
How many years is the penalty for sexual abuse of children?
The basic form is 8–15 years, molestation 3–8 years, and insertion of an organ or other object at least 16 years’ imprisonment; special minimum limits apply for victims under twelve.
Does the consent of a child under fifteen remove the offence?
Because of the special protection of the law, apparent acceptance does not of itself prevent the act under TCK Article 103 from constituting an offence.
How is a child who has completed the age of fifteen assessed?
The capacity to perceive, the nature of the act, force–threat–deception or other causes affecting will, and the boundary between TCK Articles 103–104 are examined together.
What is the penalty for the offence of sexual intercourse with a minor?
TCK Article 104/1 provides 2–5 years’ imprisonment; the special conditions of the second and third paragraphs may produce more serious consequences.
Can sexual harassment occur through a digital message?
Yes, if the elements of the offence are met in terms of the concrete content and intent; exploiting the ease offered by electronic communication may be an aggravated circumstance.
Do all sexual offences depend on a complaint?
No. The complaint rule and its exceptions in the relevant paragraph of each offence must be determined separately.
Does withdrawal of a complaint end all cases?
No. It produces a result only within the complaint regime of the offence concerned and the statutory conditions.
Can the victim’s statement alone suffice for a conviction?
The reliability of the statement and the totality of the evidence must be assessed in the specific case; there is no formula of automatic acceptance or rejection.
If there is no physical finding, can the offence not be proved?
No. The absence of a finding does not automatically exclude the offence; the other lawful evidence and all the elements must be examined.
Does a defence of mistake as to age bring acquittal in every case?
No. TCK Article 30 and the correct characterisation of the offence are assessed together; if the elements of another offence are present, they are examined separately.
Can a child victim be heard again?
CMK Article 236 limits repeated hearing except in cases necessary for establishing the material truth and provides special protective procedures.
Is pretrial detention mandatory on an allegation of a sexual offence?
No. The conditions of CMK Article 100 and the reasoning on proportionality must be present in the specific case.
Can a discretionary reduction be applied?
It is assessed with reasons under the conditions of TCK Article 62 and the relevant special provisions; it is not applied automatically.
Are appeal and cassation possible?
They may be possible according to the type of decision, the penalty and the rules on remedies; the thresholds of finality must be examined decision by decision.
Can a victim of a sexual offence claim non-pecuniary compensation?
If the conditions exist, a claim may be made under the TBK provisions; a civil action is not identical to the criminal case.
How does the Court of Cassation assess the victim’s statement?
Consistency, the context of the incident, the other evidence, contradictions and the first-instance reasoning are assessed together.
Why must a judgment be reasoned in detail?
How the elements of the offence and the decisive claims of the defence or the victim were assessed must be explained in a way that can be reviewed.
Sources and legal bases
- Turkish Penal Code No. 5237, Articles 2, 7, 21, 30, 31, 35–43, 61–73 and 102–105.
- Code of Criminal Procedure No. 5271, Articles 100, 109, 149, 153, 217, 223, 226, 231, 234, 236 and the remedies.
- Law No. 5275 on the Execution of Penalties and Security Measures.
- Turkish Code of Obligations No. 6098, Articles 49, 54, 56, 74.
- Constitution of the Republic of Türkiye, Articles 17, 20, 36, 38, 40.
- European Convention on Human Rights, Articles 3, 6, 8, 13.
- Court of Cassation, General Assembly of Criminal Chambers, 12.09.2023, E.2022/269, K.2023/425. aycanceylan.av.tr; alternative full text: consultohukuk.com.
- Court of Cassation, General Assembly of Criminal Chambers, E.2020/155, K.2021/320. ictihatlar.com.tr.
- Court of Cassation Decision Search.
- Constitutional Court Decisions Information Bank.
- General Directorate of Security — Sexual Offences.