The crime of sexual abuse of children in the light of judicial decisions

Due to their nature, children are more susceptible to physical, emotional, and psychological abuse compared to adults. These types of abuse manifest in three forms: emotional abuse, physical abuse, and sexual abuse. Given that children, by their very nature, are more exposed to abuse than adults, the deterrent level of the penalties in the Turkish Penal Code should be higher. In this study, we address the crime of sexual abuse of children, which is regulated in the sixth chapter titled "Crimes Against Sexual Immunity," found in the second part under the heading "Crimes Against Persons" in the Turkish Penal Code No. 5237. The purpose of our study is to evaluate the crime of sexual abuse of children not only in the context of criminal law but also within the scope of constitutional law. It aims to facilitate a synthesis of the crime of sexual abuse of children across different branches of law. Excluding the introduction and conclusion sections, our study consists of three main parts. In the first part, we focus on the core concepts of "child" and "sexual abuse," which form the basis of our study, and these concepts are evaluated separately. Furthermore, the different types of abuse are mentioned, and definitions are provided for abuse categories such as physical abuse, emotional abuse, and sexual abuse. The differences between the concepts of neglect and abuse are discussed. Definitions are also provided for the concepts of emotional neglect and physical neglect. In the second part of our study, we focused on the conceptual framework of the crime of sexual abuse of children. The material and moral elements of the crime of sexual abuse of children, along with the specific concepts related to its manifestations, such as attempt, joinder of offences (concurrence), and participation (complicity), were explained. We also discussed the conditions under which the crime would constitute an aggravated offense (qualified form), the elements of unlawfulness, and the procedure for sanction and prosecution. The second part of our study delves into the essence of the crime and includes details concerning its nature. The third and final part of our study discusses the sexual abuse of children and the grounds for acquittal in light of judicial precedents. Our objective in this section is to highlight the connection between this crime and constitutional law. We refer to various judicial decisions, including those from the Court of Cassation (YCGK), specifically the decisions of the Criminal Chambers of the Court of Cassation (especially the 9th and 14th Criminal Chambers), exemplary local court decisions, and regional court of appeal decisions. Our aim is to synthesize the crime of sexual abuse of children within the thesis, addressing both constitutional law and criminal law contexts. A general evaluation is conducted regarding the elements of the crime and the criteria for its practical application in light of the YCGK (General Assembly of Criminal Chambers of the Court of Cassation) rulings.