The crime of sexual assault in the light of higher judicial decisions

Since its existence, human beings have discussed the act of sexuality and its limits, which are intertwined in cultural, religious and sociological terms. It is obvious that sexual behaviors are affected by physical, psychological and social conditions, that sexuality is integral to all areas of life and that it constitutes an important part of life until death. Therefore, legal regulations have been made in order to solve the problems caused by acts involving sexuality, such as many behaviors that involve rights violations encountered in social life. It is seen that sexual crimes, which are seen to occur more frequently as a manifestation of violence against women today, affect the entire society as well as women and are thus subject to heavy sanctions. The crime of sexual assault, which is included under the section of Crimes Against Sexual Inviolability in the TCK, is committed by violating bodily immunity against adults through sexual behaviors or by inserting an organ or other object. The second and third paragraphs of TCK Article 102, where the crime is regulated, address qualified cases for which a heavier penalty is foreseen. In the fourth and fifth paragraphs of the same article, it is seen that aggravated cases due to the consequences are regulated. In our study, the crime of sexual assault is discussed in detail by including the concepts related to the type of crime, its state in the legal text, its elements, its qualified states, the special appearances of the crime and the rules related to its reasoning. At the same time, the issues that need to be evaluated when reaching a conscientious opinion, criticisms regarding the current legal regulation and solutions are also tried to be explained.