Petition For Declaration Of Sexual Harassment
What is the Crime of Sexual Harassment, its Conditions and Punishment (Article 105 of the Turkish Penal Code)?
The conditions and punishment of the crime of sexual harassment are regulated by the legislator in the sixth section of the second book of the Turkish Penal Code, in the section of Crimes Against Sexual Immunity. The crime of sexual harassment is a crime committed by verbal, written verbs or body movements, behaviors aimed at satisfying sexual desires that do not involve contact with the victim’s body. These behaviors; whistling, showing the genitals, sending sexually explicit texts through all kinds of communication tools, suggesting sexual intercourse with hand and arm gestures, undressing can be actions and words and behaviors.
“TCK Art. 105/1- The person who harasses a person for sexual purposes shall be sentenced to imprisonment from three months to two years or to a judicial fine upon the complaint of the victim, or to imprisonment from six months to three years if the act is committed against a child.”
SEXUAL HARASSMENT CRIME DECLARATION PETITION
…. … TO THE CRIMINAL COURT,
FILE NO : …/… E.
CLIENT :
DEFENDANT :
THE ACCUSED
DEFENSE
SUBJECT : Our Petition Containing Our Statements on the Merits.
EXPLANATIONS :
1-) At the session of your court dated …, our statements on the merits that we submitted within the time given to us are as follows.
2-) Our client, who is still ….. years old, has been subjected to sexual harassment by the defendant, as we have clearly stated in our petition for criminal complaint. The incident is more serious because the defendant is the brother of a close friend of our client and is also their neighbor. Since our client was still a child, she approached the defendant with a childish eagerness, feeling the closeness and trust of an older brother, agreeing to the idea of riding his bicycle and going for a ride together.
3-) In his petition dated …/…/…/…, the defendant’s defense counsel tried to deny the sexual harassment offense. However, our client, who is a child at that age, cannot be in a situation such as creating or fabricating this situation in his own mind. When he returned home in the shock and fear of the incident, the incident occurred when his mother suspected his actions and went on him and tried to get words from his mouth, so to speak.
4-) Our client is unable to handle this situation due to her age and position, and as a result of this incident, her psychology has deteriorated considerably, and she has become hesitant to go out on the street alone. He even wants one of the elders of the family to accompany him to school. This situation will be revealed more clearly with the forensic medical institution report to be obtained.
5-) As a result of this incident, the defendant continued to act as if nothing had happened and continued to enter and exit the client’s house on the pretext of something and based on the fact that they were neighbors, and our client became unable to leave his room by experiencing fear every time he saw him. In his defense on the merits, the defendant’s defense stated that “our client did not have any intent”. However, it is not possible for the crime of sexual harassment to be committed against the will and intent of the defendant.
CONCLUSION AND REQUEST : For the reasons we have tried to explain above, since the material and moral elements of the crime have occurred, we request and demand by proxy that the defendant be sentenced for the crime attributed to him. …/…/…
Victim Representative
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