Offence of Sexual Abuse

The law defines a child as a person who has not completed eighteen years of age. The assessment of the offence varies according to the victim's age: acts committed against children under fifteen, and acts committed against children who have completed fifteen but lack the capacity to comprehend the legal meaning and consequences of the act, both fall within the scope of this offence.

The law does not require any specific characteristic in the perpetrator — this offence can be committed by anyone, regardless of whether the perpetrator is of the same or a different gender than the victim. Where the perpetrator is also a child and the act remains at the level of molestation, investigation and prosecution are made conditional on a complaint by the victim, their parent, or guardian.

For the basic form of the offence to arise, it is sufficient for the perpetrator to engage in sexually motivated conduct toward the child, without that conduct reaching the level of sexual intercourse. The law sets the penalty at imprisonment from eight to fifteen years. Where the victim has not completed twelve years of age, the penalty cannot be less than ten years.

Where the conduct is limited to superficial, non-continuous physical contact, the provisions on molestation apply, and the penalty ranges from three to eight years. Here too, if the victim has not completed twelve years of age, the penalty cannot be less than five years.

The legislature treats certain circumstances as making the offence more serious and provides for an increased penalty accordingly. These aggravated circumstances include:

• The act being committed jointly by more than one person.
• The act being committed by exploiting the facility of a place where people gather in numbers.
• The perpetrator being a blood or in-law relative of the victim up to and including the third degree, or a stepparent, step-sibling, or adoptive relation.
• The act being committed by a guardian, educator, instructor, caregiver, foster family, healthcare provider, or a person with a duty of protection, care, or supervision.
• The act being committed by exploiting the facility of a public office or service relationship.

What Is Aggravated Sexual Abuse?

Where the act is committed by inserting an organ or another object into the body, the law provides for a separately and more severely punished form. The penalty in this case is markedly heavier than for the basic form, and the specific term is determined by the court in light of the victim's age and the other circumstances of the case.

The legislature has given consent only a limited scope in relation to this offence. Where the victim is under fifteen, or between fifteen and eighteen but unable to comprehend the legal meaning and consequences of the act, the existence of consent does not remove the criminal character of the act.

Where the victim has completed fifteen years of age, is capable of comprehending the legal meaning and consequences of the act, and no circumstance affecting their will is present, an act based on consent may instead fall under the separate offence of sexual intercourse with a minor (Article 104 TPC). Investigation of that offence depends on a complaint; absent a complaint, consent may be treated as a ground precluding unlawfulness.

By its nature, the offence of sexual abuse is not subject to a complaint requirement and is investigated ex officio. The exception is where the act remains at the level of molestation and the perpetrator is also a child — in that case, the victim, their parent, or guardian may file a complaint within six months of the act.

The statute of limitations for prosecution of this offence is fifteen years. The statute of limitations results in the dismissal of a case where proceedings are not initiated within the period set by law, or where proceedings initiated within that period are not concluded in time. In offences committed against children, the starting point for this period may be assessed from the date the victim turns eighteen, so the applicable timeframe can vary with the facts of the case.

Where the act remains at the level of molestation, the competent court is the Criminal Court of First Instance. In all other cases — the basic and aggravated forms of the offence — jurisdiction lies with the Assize Court. Given the gravity of these proceedings, working with an İzmir criminal lawyer matters for the effective exercise of the right to a defence.

Anyone seeking information on proceedings related to a sexual abuse allegation may reach out through the contact page. Support in criminal law matters is provided across İzmir, particularly in Karabağlar, Konak, Buca and Balçova.

Av. Mehmet Yücesoy

İzmir Attorney & Legal Consultancy