Comparison of the penal codes of our country about sexual abuse to the penal codes of developed countries

Comparıson Of The Penal Codes Of Our Country About Sexual Abuse To The Penal Codes Of Developed Countrıes Sexual abuse is defined in the Turkish Penal Code. According to this, sexual abuse means "any act of a sexual nature against a minor who has not completed fifteen years of age or, though having completed fifteen years, lacks the competence to understand the meaning and consequences of suchactsand, sexual acts conducted against any other minor with the use of force, threat, deception or any other method which affects the willingness of the child." The rate of children who are sexually abused in our country and in the World are substantially high. Nevertheless, it should be kept in mind that the facts about sexual abuse are only the tips of the iceberg. In our penal code, it is seen that special regulations are not brought for defendants, the people who are characterized as abusers are considered as the same, and even flirtation is approached in this same context. It is appeared that in sexual abuse cases the primary approach is to penalise; and noprotective and preclusive measures for victims or defendants have been taken in the subsequent process. This study compares and examines international practices in the fields of treatment of victims who suffer from sexual abuse and sentences given to the accused. The regulations about sexual abuse under Turkish Criminal Code are compared with the regulations under Italin, German and Swedish Criminal Code. As a result of this comparison, it is determined that even though the differences between the contents of the regulations, in general terms legislations of the countries resemble each other. Besides, Turkish Criminal Code shows similarity with Italian Criminal Code in terms of sentences given since compared to other countries' legislations, heavier sentences are regulated. Under German Criminal Code, the accused is imposed punitive fine or sentenced prison alternatively while under Swedish Criminal Code, term of imprisonment for sexual abuse is shorter. Besides, there are no provisions with regard to protection or rehabilitation of victims except for Italian Criminal Code. Although in Turkey, in this situation has been tried to be resolved by the law no 29782 " Regulation on treatment and other obligations to be applied against convicted offenses against sexual immunity", it has been observed that it is not used in practise. Key Words: Abuser, children, penal code, penalty, sexual abuse.