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The sexual assault crime i̇n Turkish Penal Code

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2016
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Abstract (EN)

The sexual assault crime which is regulated in article 102 at the criminal code of 5237 was reconstituted at 18.06.2014 at the code of 6545. The sexual assault crime's simple status was regulated such as "when a person violates one's physical integrity with sexual intendment he/she will be punished by the victim's claims. At article 102/2 the sexual assault crime's qualified status was regulated as commiting by inserting organ or object. And at article 2 sexual assault crime against couples was regulated and and this crime's investigation and prosecution was presupposed the victim's claim. Article 3 regulated aggravoting circumstances of the sexual crime, such as committing this crime with the abuse of the influence of civil service or labour contract, committing this crime including the 3rd degree of cognates or relatives, committin this crime by a weapon or committing this crime with more than one person. Article 4 regulated that "also appearing force and violance causes serious consequences of willful injury the suspect will be punished committing willful injury crime too. Lost of the victim's body or soul health was regulated at article 5, falling into a vegetative state by the victim or victim's death was regulated at article 6. Article 102 was changed by the code of 6545. Molesting crime being committed by oral violation or by violation of inviolability at the period of code 765. At first code of 5237 Article 102 was not including molesting crime which was done by violation of inviolability. New Turkish Criminal Code includes oral molesting crime which is named sexual harassment. Molesting crime which is done by violation of inviolability is rearrenged at Article 102 at the code of 6545. Committing this crime with the abuse of tutelage, committting this crime by adopted father, adopted mother, adopted brother/sister, by adoptive parent or by adopted child, committing this crime by taking advantege of the convenience of providing the environment which people have the obligation to live all together are added article 3. article 4 regulates that also appealing force and violance causes serious consequences of willful injury, the suspect will be punished committing willful injury crime too. Inpairment of body or mental health which was regulated at article 5 was ejected.

Author

Hüseyin Deniz

How to Cite

Hüseyin Deniz (Master Thesis). The sexual assault crime i̇n Turkish Penal Code, 2016, Çankaya University.

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