Turkish Penal Code (Türk Ceza Kanunu - TCK)

 

Sexual Assault

Article 102 – (Amended: 18/06/2014-6545/58)

(1) A person who violates another's bodily integrity through sexual acts shall be punished with imprisonment from five to ten years, upon the complaint of the victim. If the sexual behavior remains at the level of harassment, the imprisonment shall be from two to five years.

(2) If the act is carried out by inserting an organ or other object into the body, the offender shall be sentenced to imprisonment of not less than twelve years. If the act is committed against a spouse, the investigation and prosecution are subject to the victim’s complaint.

(3) If the crime is committed:

a) against a person who cannot defend themselves due to physical or mental condition,

b) by abusing the influence granted by a public office, guardianship, or service relationship,

c) against a person with a kinship relation up to and including the third degree, or against a stepfather, stepmother, stepsiblings, adoptive parents, or adopted children,

d) with a weapon or by multiple persons together,

e) by taking advantage of the conditions provided by the necessity of people living together in communal environments, the penalties set forth in the above paragraphs are increased by half.

(4) If the force and violence used in the sexual assault result in severe consequences of intentional injury, the provisions related to intentional injury will also apply.

(5) In the event that the victim falls into a vegetative state or dies as a result of the crime, the offender shall be sentenced to aggravated life imprisonment.