Child Sexual Abuse, Sexual Harassment and Stalking (TPC 103–105, 123/A)

The legislature regulates sexual abuse of a child in a separate article with increased penalties. Under Art. 103 the sentence is generally 8–15 years; if conduct remains at molestation level, 3–8 years. Anyone under 18 is a child; if the victim has not completed age 12, the penalty is increased further. Thus the law protects a child’s sexual inviolability more strongly than an adult’s, in line with the child’s best interests and the UN Convention on the Rights of the Child. Under Art. 103/2, if abuse involves insertion of an organ or object into the body, the sentence may not be less than 16 years.

Art. 103 defines sexual abuse as: (a) any sexual conduct against children who have not completed age 15, or who have but lack capacity to grasp the legal meaning and consequences of the act; (b) against other children, only sexual conduct based on force, threat, deceit or another factor affecting the will. Aggravating forms in paragraphs 3–6 include commission by multiple persons, use of communal living settings, kinship or step-parent/sibling/adopter, guardian–educator–carer–foster family–health or supervision duty, abuse of public office or employment influence (half increase); force/threat or weapon (half increase); force causing serious intentional injury results (injury rules apply separately); vegetative state or death of the victim (aggravated life imprisonment).

The victim is a child; if the perpetrator is also a child, Art. 103’s last sentence applies: for molestation-level offences by a child perpetrator, investigation and prosecution depend on complaint by the victim, parent or guardian. Above molestation level, proceedings run ex officio regardless of the perpetrator’s age. At molestation level with a child perpetrator, parental or guardian complaint is required.

Art. 104: a person who has sexual intercourse without force, threat or deceit with a child who has completed age 15 is, upon complaint, punished with two to five years’ imprisonment. The victim must be 15 or over but under 18—a three-year age band. Consent is required for this offence type; without consent the conduct falls under child sexual abuse. If committed by someone within a marriage ban or adoption relationship with the victim, no complaint is required and the range is 10–15 years. The aim is to protect children whose capacity or the way consent was given (alcohol, drugs, impaired will) may be incomplete.

Street compliments or catcalling may seem trivial but carry serious penalties. Sexual harassment is non-contact conduct that harasses the victim without reaching sexual assault—remarks, blown kisses, indecent exposure, sexual gestures. Art. 105: upon complaint, three months to two years’ imprisonment or a judicial fine; if against a child, six months to three years. Half increase applies when facilitated by public office, service or family relation; by guardian–educator–carer etc.; by same workplace; by post or electronic communication; or by exhibitionism.

Technology eases access to people; it does not permit repeated harassment. Art. 123/A (2022) criminalises persistent physical following or attempts to contact via communication, IT systems or third parties causing serious unease or fear for safety—six months to two years, upon complaint. Aggravated forms (against a child or separated/divorced spouse; causing change or leaving of school/work/home; despite a stay-away order) carry one to three years. Consulting a criminal-law specialist in Ankara when an offence is committed or threatened helps prevent further harm. Karınca Law Firm in Çankaya advises on Arts. 103–105 and 123/A. • Art. 103: 8–15 years; molestation 3–8; penetration min. 16 • Under 15 / incapable: any sexual conduct is abuse • Art. 104: ages 15–18, consensual, complaint, 2–5 years • Art. 105: harassment on complaint; heavier vs children • Art. 123/A: stalking on complaint; aggravated 1–3 years