The crime of sexual i̇ntercourse with underage with aspects facing in practice

The subject of this study is to examine the legal nature of the crime of sexual intercourse (carnal knowledge) with underage as defined in Article 104 of the Turkish Penal Code, numbered 5237, underwent a fundamental amendment with Law No 6545, entered into force through publication in the Official Gazette on 28.06.2014, and is to study elements of crime and controversial issues in connection with doctrine, judicial decisions and disruptions in practice. Crime of sexual intercourse with underage is regulated under the title of "Crimes Against Persons" in the sixth part of the second part of the second book of the Turkish Penal Code titled of "Crimes Against Sexual Immunity". At the first part of this study; the concept of child, the concept of sexuality, the concept of sexual freedom and its constitutional basics, historical development of crime of sexual intercourse with underage in the Turkish law and, the comparative law have been scrutinized. At the second part of our study: the element of crime of sexual intercourse with underage are handled in detail. Corporal elements of crime, spiritual elements of crime, element of unlawfulness, legal value intended to protect with crime, qualified states of crime and, the concept of victim's consent and, the concept of sexual intercourse were examined under individual titles. On the controversial issues in the doctrine, the controversial parts and opinions separately have been paid attention, and our own opinions have been included. In addition, our own solution proposal on important and controversial issues were stated, and current Supreme Court decisions were also benefited. In the third and the last part of the our study; comparison of the crime of underage and sexual intercourse with similar types of crime, method of investigation and prosecution with the complaint establishment which has special importance in terms of the elements of the crime itself, the sanction of the crime and, the executions stages were examined.