The crime of sexual intercourse with minors and its effects on the victim

This study examines the crime of Sexual Intercourse with a Minor as regulated under Article 104 of the Turkish Penal Code, along with its effects on the victim. The provision stipulates criminal liability for engaging in sexual intercourse, without force, threat, or deception, with a child who is over the age of 15 but under 18 and is capable of understanding the meaning and legal consequences of the act. As one of the offenses against sexual inviolability, this crime contains numerous controversial aspects on which doctrine and practice have not reached a common perspective. The study analyzes the historical development of the offense, its counterparts in foreign legal systems, its place within the framework of international conventions, and its relation to similar types of offenses under the Turkish Penal Code. In the legal analysis of the offense, particular attention is given to the criminalization of peer sexual relationships, the implications of children deemed of age under the provisions of the Turkish Civil Code in the context of Article 104, and the meaning and scope of the language used in the statutory provision. Conflicting interpretations between the wording of the law and judicial practice are examined in light of the Court of Cassation's case law. Legal ambiguities encountered in the application of the norm are identified, and possible solutions are proposed. Finally, the psychological, social, and physical effects of this offense on the victim-which are often disregarded due to the presence of the child's apparent consent-are addressed through a multidisciplinary approach.