Investigation of the crime of sexual harassment under the scope of the Turkish Criminal Code

The crime of sexual harassment is regulated in the new Turkish Penal Code Article 105. While sexual harassment is considered a separate crime in some developed countries, in others it is considered among other crimes included in the law. The crime of sexual harassment includes behaviors that are close in terms of action to some crimes in the Turkish Penal Code. There is no clear definition of the crime of sexual harassment in the law. The application to the Constitutional Court was rejected because the text of the law regarding the crime was not clear. Sexual freedom is the legal value protected in the crime of sexual harassment. The perpetrator and the victim can be anyone within the scope of general criminal law. Since there are no restrictions in terms of action, a crime can be committed by words, writings or physical movements. With the amendment of law no. 6545, it was regulated that the crime could be committed against the child and the debate on this issue has largely ended. Again, the method of committing the crime through harassment, introduced by regulation no. 6545, defines sexual behaviors that involve simple and short-term physical contact. It is sufficient for the perpetrator's action to be objectively disturbing to the victim. Additions were made to the qualified situations in the first version of the law with Law No. 6545. A crime can only be committed with intent, and it is also reflected in the Supreme Court decisions that specific intent is required in the perpetrator's action. Consent and exercise of the right, which are in comply with the law, will eliminate the crime of the action. While prosecution of the simple form of the crime depends on the complaint, the principle of ex officio prosecution will be applied in terms of qualified cases. If the crime is simply committed against a child, the Supreme Court is thinks that the prosecution of the crime depends on the complaint. There are authors who think that when the victim is a child in the doctrine, the crime will be prosecuted ex officio. As in all sexual crimes, the proof of the crime is extremely important in the crime of sexual harassment, and other evidence, especially the victim's statement, must be evaluated in detail as a whole.