Sexual Assault Offence

For the offence of sexual assault to arise, it is sufficient for the perpetrator to violate the victim's bodily integrity through sexually motivated conduct — this conduct need not reach the level of sexual intercourse. Acts such as kissing or persistent, sexually motivated touching can constitute the basic form of the offence. What matters is the presence of physical contact that occurs without the victim's consent.

The law does not require any specific characteristic in the perpetrator, who may be of the same or a different gender than the victim. The decisive factor for the victim is age: where the victim is under eighteen, the act falls under the offence of sexual abuse rather than sexual assault.

The distinction from sexual harassment lies in physical contact — this offence requires actual contact with the victim's body, while harassment does not. Where the victim is a child, the act is instead classified as sexual abuse rather than sexual assault, reflecting the different category of victim the law seeks to protect.

The distinction from the offence of sexual intercourse with a minor lies in the nature of the act. That offence arises only from consensual sexual intercourse with a person aged between fifteen and eighteen who has sufficient capacity for discernment, whereas sexual intercourse is not required for sexual assault — more limited acts such as embracing or kissing can also constitute this offence.

The law sets the penalty, upon the victim's complaint, at imprisonment from five to ten years. Where the act consists of a sudden, brief, non-repeated form of contact — that is, remains at the level of molestation — the penalty ranges from two to five years.

Where the act is committed by inserting an organ or another object into the body, the law treats this as a separately and more severely punished form, for which the penalty cannot be less than twelve years. Insertion of an object other than an organ can also constitute this aggravated form; the object used need not have been chosen for a sexual purpose.

Where this same conduct — penetration by an organ or object — is committed by one spouse against the other within a marriage, the penalty likewise cannot be less than twelve years, though in that case investigation and prosecution depend on a complaint by the victim spouse.

The law provides for a penalty increased by half where any of the following circumstances is present:

• The act is committed by exploiting powers derived from a public office, guardianship, or service relationship.
• The perpetrator is a blood or in-law relative of the victim up to and including the third degree.
• A stepparent or step-sibling relationship exists between the parties.
• An adoptive relationship exists between the perpetrator and the victim.
• The act is committed with a weapon or jointly by more than one person.
• The act is committed by exploiting the facility of a place where people gather in numbers.

The victim being physically or mentally unable to defend themselves is also recognised as a circumstance that increases the penalty for this offence.

The basic form of sexual assault — whether it amounts to full sexual assault or remains at the level of molestation — is subject to a victim's complaint. The aggravated form, committed by penetration with an organ or object, is as a rule investigated ex officio; the sole exception is where it is committed against a spouse, in which case prosecution likewise depends on the victim spouse's complaint. Where a complaint is required, it must be filed within six months of learning of the perpetrator and the act, and the victim may withdraw it at any time.

Sexual assault does not fall within the offences eligible for conciliation, and the law does not provide a specific active-repentance provision for it. The statute of limitations for prosecution is eight years where the act remained at the level of molestation and the right to complain was exercised, and fifteen years in all other cases.

Parties may rely on any lawful form of evidence to prove this offence. Forensic medical reports or examination findings, correspondence sent through social media or messaging applications, location data, and witness statements can all be considered in this context. Thorough evidence-gathering matters for the integrity of the proceedings, both for the victim and for the person in the position of suspect or defendant.

A person who falsely accuses someone of an act they know was not committed may themselves commit the offence of slander, which underscores the need for evidence to be assessed carefully at every stage of the process.

Where the act remains at the level of molestation, the competent court is the Criminal Court of First Instance. In all other cases, jurisdiction lies with the Assize Court. Given the gravity of these proceedings and the seriousness of the outcomes involved, 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 assault 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