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Sexual attack crime in Turkish Penal Code

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2012
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Abstract (EN)

Offenses to sexual immunity are conducted under second part of No. 5237 Turkish Penal Code, in which the offenses against people are explained, and sixth article of this second part as four subsections, our research topic sexual attack crime is conducted under 102nd topic.The basic issue here is the victim to be a person over 18 years old. In the 1st subclause, the basic aspect of sexual attack crime, in the 2nd and 3rd subclause, aggravated aspect of sexual attack crime, in the 4th subclause, sexual crime to give occasion to the crime of laceration at the same time, in the 5th and 6th subclause, due to the result of crime, the aggravated aspects take place. Basic sexual attack crime is conducted under 1st subclause and clause of complaint is brought by saying that it is brought the person who injures the body immunity of another person with a sexual behavior, is punished with the complaint of the victim. In the 2nd subclause, sexual attack crime is conducted. The distinctive element here is insertion of organ and object to the body. In the last sentence of 2nd subclause of 102nd topic, perpetration of this crime in the conjugal community is conducted. The aggravated aspects in the 3rd subclause are that the perpetration of crime to a person who cannot defend himself due to his physical or mental situation, perpetration of crime by abusing public employment and prestige as a result of service relationship, perpetration of crime to a person with whom there is kinship relation even including 3rd degree and perpetration of crime with gun or by more than one person. Aggravated sexual attack crime due to the result is explained in the 5th and 6th subclauses, these are the situation of impairment of body and soul of the health of the victim, after the crime, situation of the beginning of vegetative state of the victim and carrying off him. In the exceeding of limit of force and violence, if the limit is exceeded, the person will be responsible for intentional laceration.Keywords: Sexual Attack, Victim, Organ, Aggravated Sexual Attack

Author

Onur İnan

How to Cite

Onur İnan (Master Thesis). Sexual attack crime in Turkish Penal Code, 2012, Çankaya University.

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