Petition For Child Sexual Abuse Criminal Complaint
What is the Crime of Sexual Abuse of Children (TCK 103)
The crime of sexual abuse of a child occurs when sexual behavior is exhibited in the form of physical contact with the body of a child of a certain age determined by the law (TPC 103/1). The crime is regulated in Article 103 of the TPC No. 5237 under the section of crimes “Against Sexual Immunity”. In the crime of sexual abuse, the victim is the child and is the most important element of the crime. The child is defined as “a person who has not yet reached the age of 18” in Article 6/1-a of the TPC.
In terms of sexual abuse offenses, the concept of child is handled in three different categories:
Sexual abuse of children under 15 years of age,
Sexual abuse of children who have completed 15 years of age but whose ability to perceive the legal meaning and consequences of the act directed against them has not developed,
Sexual abuse of children in the 15-18 age group based solely on force, threat, trickery or any other reason affecting the will.
Sexual offenses are generally categorized as follows:
Sexual Abuse Offense: The rule punishes the acts committed for sexual purposes against children who have not completed the age of 15 by making bodily contact (Article 103 of the TPC). Acts committed against children in the age group of 15-18 on the child’s body due to fraud, force, threat or a reason affecting the will are also considered as sexual abuse crimes.
Sexual Assault Crime: As a rule, it punishes the acts committed for sexual purposes by bodily contact (without fraud, force, threat or any other reason affecting the will) against older persons or victims in the 15-18 age group (TCK 102)
Sexual Harassment Offense: Regardless of the age of the victim, without physical contact between the perpetrator and the victim, it punishes the acts committed with sexual behaviors such as verbal harassment, verbal harassment, etc. (TCK 105)
Sexual intercourse with a minor: The crime of sexual intercourse with a minor occurs in the case of sexual intercourse with children in the 15-18 age group with the consent of the child (TCK 104).
TO THE … PUBLIC PROSECUTOR’S OFFICE
COMPLAINANT
(CLIENT) :
TC IDENTITY NUMBER :
GUARDIAN :
ADDRESS :
COMPLAINANT :
(SUSPECT)
CRIME : Sexual Abuse of a Child
DATE OF CRIME : …/ …/ ….
EXPLANATIONS :
1-) The defendant … …. , …/ …/ … on …/ …/ …, cut in front of our client on the road while he was going to school; He said that his father had a work accident and that he was currently in the hospital and stated that he would take him to the hospital to his father, that he was his father’s colleague and that his father had already sent him.
2-) Our client … … is only … years old. Although she has not yet completed the age of fifteen, she is not in a position to perceive that she has been deceived with the panic she will experience at that moment. For this reason, she believed what the defendant said and got into the defendant’s car under the pretext of taking her to the hospital.
3-) The defendant drove the car to …. The defendant parked the car in the …… location of ……, locked the car and started approaching our client. Although our client … … continuously pushed and resisted the defendant, he could not get rid of him. During the resistance, our client hit his head on the glove compartment and fainted. Taking advantage of this, the defendant repeatedly sexually assaulted our client.
4-) A few hours after the incident, the defendant left our client in a semi-conscious state in a place close to his house and before leaving him, he grabbed our client’s throat and threatened him by saying “If he tells your mother or father about the incident, he will do ten times more than this, what he did is nothing and he will cut their throats too”.
5-) Our client did not tell her family about this incident for a long time due to the fear and sadness she experienced, but the situation in question came to light when her mother pressed her one day.
6-) Since the action of the defendant against our client constitutes the crime specified in Article 103 of the Turkish Penal Code No. 5237, it has become mandatory to file a complaint.
LEGAL GROUNDS : Article 103 of the Turkish Penal Code No. 5237 and related legislation.
CONCLUSION AND REQUEST : For the reasons explained above, we request by proxy to decide to open a public case for the punishment of the suspect …. …. by conducting an investigation. …/…/….
Victim Representative