Fighting Sexual Offenses
In the seminar titled "Issues and Recommendations Concerning Sexual Offenses in Turkish Criminal Law" at Altınbaş University, crimes such as harassment and forced sexual intercourse, and their place in the Turkish Penal Code, were discussed.
The Wednesday Meetings, which have become a tradition at Altınbaş University, took place this week as part of the Law Talks with the participation of Prof. Dr. Hasan Sınar and Dr. Instructor Yeşim Yılmaz.
During the discussion, it was mentioned that with the 2005 Penal Code, non-consensual sexual intercourse within a marriage is considered a crime.
In cases of sexual offenses, it was emphasized that if there is no physical contact with the victim's body, it constitutes sexual harassment, and if there is physical contact, the age and consent of the victim are considered.
The following information was provided in the discussion:
There is a significant difference between child and adult victims in sexual offenses.
In sexual offenses against adults, one key concept stands out: Free Will.
Two consenting adults engaging in their sexual lives should not be interfered with, but the presence of free will should be questioned. Sometimes, free will may not actually exist.
For example, how would one act if one party deceives the other with a promise of marriage leading to a sexual encounter? In such cases, a process indicating lack of consent occurs. The same applies when one is under the influence of alcohol.
The foundation of the crime of sexual assault is based on lack of consent.
The victim's lack of resistance or silence during the act does not imply consent.
Since such crimes are often committed without concrete evidence, the victim's statement is considered essential. After the victim's statement, the competent authorities will initiate an investigation, but without the victim's statement, there will be nothing left to investigate.
If there is forcibly committed sexual activity involving physical contact, a doctor's examination is required within the first 24 hours to determine this. Otherwise, the body renews itself, and the evidence of forced acts can disappear, making it difficult to prove. When a person has been a victim of aggravated sexual assault, they tend to cleanse themselves, but this is not the right approach to obtain physical evidence. There is a need for awareness in this regard.
The discussion also provided recommendations regarding forced marriages and marriages involving children. It was emphasized that children are not punished in these processes, but there was a focus on the need for regulations to penalize parents who force their children into such situations.
According to the current legislation, a child who has reached the age of 16 becomes an adult through marriage and engages in sexual relations with their spouse. This is not a crime, but an unmarried
person of the same age group who has a boyfriend or girlfriend or wishes to explore their sexuality can face legal consequences. This situation creates an inequality among children of the same age group.
According to the views expressed in the discussion, it is considered necessary to make regulations in this regard.
We thank Prof. Dr. Hasan Sınar and Dr. Instructor Yeşim Yılmaz for this informative discussion on the sensitive topic of sexual offenses, which is highly relevant today.