The Turkish Penal Code divides sex-related to sexual harassment in turkey into two types; the crime of sexual harassment or the crime of sexual assault.
- The crime of sexual harassment in Turkey is the crime of sexual harassment is without touch; and the perpetrator can face imprisonment for a period of not less than two months and not exceeding two years according to Article 105 of the Penal Code.
- The crime of sexual assault
The perpetrator faces punishment if the assault was simple; such as placing a hand for seconds on a part of a woman or girl’s body; with imprisonment for a period of no less than 5 years and not more than 10 years; according to Article 102 of the Turkish Penal Code.
Below are the 3 steps to take in Turkey in case of sexual harassment:
1-Obtain a Medical Report showing the sexual harassment in Turkey
In the event of a violent sexual assault crime; the victim must first go within a period not exceeding 48 hours to the nearest health center to obtain a medical report. And refrain from showering, washing hands, and changing clothes during this period.
2–File a complaint directly with the Turkish Public Prosecution
If the victim gets exposure to such behavior; she has to file a complaint directly with the Turkish Public Prosecution; as the Turkish Public Prosecution cannot initiate investigations into such cases without submitting a complaint from the victim, as Turkish law requires that a criminal case be filed for some crimes and there is a complaint or allegation.
The complaint is to inform; the victim or his agent to the Public Prosecution or to the police stations about a specific crime that occurred to her. And here it’s important to submit the complaint to the Turkish Public Prosecution and not to the Turkish police. Because the police sometimes may not give the required attention to foreigners’ cases, and Turkish law did not stipulate a specific form in the complaint.
It is permitted to present it in writing or orally, and as for the period that the law grants to the victim to file a complaint, it is six months from the date the victim becomes aware of the occurrence of the crime.
The important point here, which some may not know, is that simply staring and looking repeatedly at any place on a woman’s body without her consent is a crime punishable by the Turkish Penal Code and is part of the crime of sexual harassment.
Here we would like to point out that; the lack of knowledge of the victim on the name of the perpetrator of the crime does not constitute an obstacle to submitting a complaint. But knowing his name, mobile number, place of work, or address of residence; facilitates investigation procedures only, and as is known, the public prosecution in Turkey is present in all justice palaces.
3–Follow up with case without the need to appoint a lawyer
Even after a criminal case has been filed by the Public Prosecutor against the perpetrator of the crime; and during the trial sessions, the victim does not have to appoint a lawyer to represent her; as the task of the Public, Prosecutor is to defend it and try to persuade the judge to impose maximum penalties on the perpetrator of the crime.
There is no doubt that proving such crimes is difficult, but it is possible.
They are conclusive evidence of the commission of the crime; as Turkish law gives the judge the right to evaluate and take these leads into account or not.
The penalties imposed by the Turkish Penal Code against the perpetrators of these heinous crimes; are sometimes not strict punishments and it is not possible to achieve a kind of deterrence in the hearts of the perpetrators.
Even if the victim is unable to present evidence; that could incriminate the perpetrator of the sexual harassment in turkey; the summoning of the perpetrator by the Public Prosecution Office and investigation with him; remains a deterrent for some persons from persisting in such acts.