TCK Article 102 regulates the crime of "sexual assault". This crime is committed against the sexual immunity of the victim; For this reason, it is one of the most sensitive files of criminal justice. Victim protection and confidentiality are of particular importance.
TCK art.102/1 — Basic Case
"A person who violates a person's bodily immunity through sexual behavior" is punished with 5-10 years of imprisonment upon the complaint of the victim.
TCK article 102/2 - Insertion of Organs or Other Objects into the Body
If the action is carried out by inserting an organ or other object into the body, the penalty is determined as imprisonment for not less than 12 years; If the victim is a spouse, the lower limit of this penalty is 12 years.
Qualified Situations (Art.102/3)
- Against a person who cannot defend himself physically or mentally.
- By abusing the influence of public office.
- Against a person who is related by blood or in-laws up to the third degree.
- With a weapon or by more than one person.
- With the ease provided by environments where people have to live together collectively.
- By a guardian, educator, trainer, caregiver, healthcare provider or other person who has the obligation to protect and supervise.
Protection of the Victim
- Closed hearing (CMK article 182).
- Concealing identity.
- The victim and the accused should not be kept in the same environment.
- Free attorney (CMK article 234/2).
- Psychological support and appointment of a social worker.
- ÇİM (Child Monitoring Center) interview with the child victim.
Complaint and Duration
- The basic state depends on the complaint; The victim must complain within 6 months.
- Qualified cases (Art. 102/2-3) are prosecuted ex officio, not dependent on complaint.
- For child victims, the statute of limitations is extended (it starts to run as soon as the victim reaches adulthood).
Medical Examination and Evidence
The victim should be medically examined immediately; A forensic report should be prepared. DNA, biological sample and clothing evidence are critical in sexual assault cases. An investigation within hours is essential to prevent the crime scene from being disturbed.
Supreme Court 14th CD — Established Approach
14. CD accepts that in sexual assault files, "victim's statement" alone may be sufficient for conviction, but in case it contradicts the defendant's defense, it must be supported by collateral evidence such as DNA, video, message, medical report. The consistency, naturalness and consistency of details of the victim's statement are taken as basis.
What to Do for the Victim
Practical Considerations for the Defendant
- Be sure to meet with counsel before the statement
- Camera recordings, messaging (those showing consent, if any).
- Witness evidence.
- Requests for additional examination (polygraph, psychological evaluation) with the decision.
Sexual assault files involve heavy psychological and legal processes for both the victim and the defendant. Criminal defense attorney experienced in sensitive cases is recommended.