La relation sexuelle avec un mineur est un acte délictueuxthe crime of sexual intercourse with a minor

In our study, the Crime of Sexual Intercourse with a Minor enacted in Article 104 of Turkish Criminal Law is examined. The crime is related to the investigation to be carried out after the sexual intercourse by a minor aged 15-18 who can understand the legal meaning and results of the action without force, threat and deception. The crimes are accepted to be major when the crime is committed between the victim and a person who is prohibited to marry the victim, or when the crime is committed against a child to be adopted by the person who undertakes the care before the adoption or a person who is obliged to protect, care and monitor the child within the frame of foster-family relationship. The uncertainties included in the article text have caused discussions in practice and doctrine. In our study, views in the doctrine and judicial decisions are examined and our opinions are included in order to eliminate the uncertain situations generated by the crime. Key Words: Sexual intercourse with a minor, child, consent, incest, right to file a complaint