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The concept of consent in crimes against sexual immunity

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2020
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Advisor: Dr. Öğr. Üyesi İnanç İşten

Abstract (EN)

For crimes against sexual immunity, by the legislator, the 102.-105th article of the Turkish Penal Code numbered 5237 is included among the articles. The concept of consent is regulated by the legislator in the second paragraph of Article 26 of the Turkish Penal Code (TCK) as a reason for compliance with the law, but it is not clearly regulated in the law as an element of typicality and is important in terms of the formation of crimes against sexual immunity. In crimes against sexual immunity, consent has been evaluated as an element of typicality, considering that it will affect the existence of the crime, and in some crimes, it is accepted as a reason for compliance with the law, since there is no regulation on typicality in the law, it has created differences according to the error provisions regulated in Article 30 of the TCK. For this reason, first of all, together with the history of consent, the distinction was made as the reason for compliance with the law and the element of typicality, the general explanations about "Crimes Against Sexual Immunity" and the position of consent within the scope of the crime were explained with the doctrine and the Supreme Court decisions, and finally, the exceeding of the consent limit, error, consent in comparative law was examined. Keywords: Sexual assault, Sexual harassment, Sexual abuse, Consent of the person concerned

Author

Büşra Şahiner

How to Cite

Büşra Şahiner (Master Thesis). The concept of consent in crimes against sexual immunity, 2020, Antalya Bilim University.

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