What is the Crime of Sexual Harassment in Turkiye? (Article 105 of the Turkish Penal Code)

The crime of sexual harassment is defined as disturbing another person for the purpose of satisfying one’s sexual desires without any physical contact. This includes anti-social behaviors commonly referred to as "catcalling" or "verbal harassment." Sexual harassment is classified as a discretionary offense and can be committed via telephone, social media, the internet, or other indirect means.

Under Turkish law, this crime is regulated by Article 105 of the Turkish Penal Code (TCK) and categorized under "Crimes Against Sexual Integrity." It criminalizes immoral acts committed without any bodily contact between the perpetrator and the victim. If there is even momentary physical contact with sexual intent, the crime becomes one of sexual assault. For example, saying “let me kiss you once” constitutes sexual harassment, while actually kissing the victim would amount to sexual assault.

It is crucial to emphasize that sexual harassment must not involve any physical contact. Any physical interaction, such as rubbing, touching, or stroking with sexual intent, constitutes sexual assault, not harassment.

At Bayraktar Attorneys, we are an international law firm in Istanbul working exclusively with foreign nationals in Türkiye. We offer full legal representation and criminal defense services for individuals facing or reporting sexual harassment, with a strong track record before Turkish criminal courts.

Categories of Sexual Offenses in Turkish Law:

• Sexual Abuse of Children (TCK 103): Involves bodily contact for sexual purposes with children under 15, or with minors aged 15–18 when coercion, deception, or similar means are used.

• Sexual Assault (TCK 102): Involves bodily contact for sexual purposes with adults or minors aged 15–18 (without coercion or deception).

• Sexual Harassment (TCK 105): Involves sexual behavior toward a person of any age without physical contact.

• Sexual Intercourse with a Minor (TCK 104): Involves consensual sexual intercourse with minors aged 15–18.

Key Supreme Court Precedent

The Turkish Supreme Court of Criminal General Assembly (Yargıtay Ceza Genel Kurulu) emphasized in a 2020 ruling (2020/141) that for the offense of sexual harassment to occur, the perpetrator must act with sexual intent. Determining whether an act constitutes sexual harassment requires assessing the social context, nature of the words or behaviors, and the relationship and positions of the involved parties. Morally acceptable marriage proposals or expressions of interest do not qualify as sexual harassment.

How Can Sexual Harassment Occur?

Sexual harassment may occur through a single incident or ongoing behavior. It must be targeted at specific individuals and carried out with sexual intent. General offensive speech or threats may be prosecuted under different offenses, such as insult or disturbance of peace.

Common methods of committing sexual harassment include:

• Direct gestures, verbal statements, or signs that the victim can see or hear.

• Contacting the victim via phone calls, messages, emails, or letters.

• Sending audio, visual, or written messages via social media platforms such as Instagram, Facebook, Twitter, or WhatsApp.

Acts Considered Sexual Harassment

The following have been deemed sexual harassment by Turkish courts:

• Making obscene hand gestures.

• Blowing kisses with sexual intent.

• Proposing sexual acts.

• Exposing genitalia.

• Making statements like “Do you want to make out?” or “Let’s have sex.”

• Catcalling, including words like "hey beautiful," "gorgeous," etc.

• Threatening to abduct the victim or forcing entry into their home.

• Smelling flowers sensually in front of the victim.

• Repeatedly calling and saying things like “I’m in front of your house” or "I can fulfill your needs."

• Sending messages like “Want to talk? Call me or no one will know."

• Statements implying stalking or intimidation.

• Comments like “You have a beautiful body” sent via social media.

• Expressing love or making proposals to a married woman.

• Sending lingerie or making sexual comments during a proposal.

How is Sexual Harassment Proven?

Sexual harassment cases are often difficult to prove due to the lack of witnesses or physical evidence. However, Bayraktar Attorneys works with skilled criminal defense and victim rights lawyers who are experienced in presenting and contesting evidence in these sensitive matters.

Evidence Used in Sexual Harassment Cases:

1. Victim Testimony:

   • Especially when there are no witnesses.

   • Courts assess whether the testimony is consistent, realistic, and free of contradictions.

2. Witness Testimony:

   • Can be powerful when aligned with the victim’s statements.

3. Call Records (HTS):

   • While phone tapping is not allowed for this offense, HTS data may support other evidence.

4. Phone and SIM Analysis:

   • Messages, images, and videos from a suspect’s device can be used if authorized by a judge.

5. Secret Audio/Video Recordings:

   • If taken during the incident and no other way of proving the crime exists, such recordings are admissible.

6. Messaging Apps (WhatsApp, Telegram):

   • Voice messages, text, and visuals are admissible if presented through official procedures.

7. Social Media (Instagram, Facebook, Twitter):

   • While U.S.-based companies rarely cooperate, screenshots and posts can be submitted through notarized e-detection.

8. E-Detection (E-Tespit):

   • Türkiye Notaries Union provides 24/7 evidence preservation services for online content. E-detection captures and certifies any online content for use in court.

Penalties for Sexual Harassment Under TCK Article 105

According to Article 105:

• Basic Offense (TCK 105/1):

  • 3 months to 2 years imprisonment or a judicial fine, upon complaint by the victim.

  • If the victim is a child: 6 months to 3 years imprisonment.

• Aggravated Offense (TCK 105/2):

  • The penalty is increased by 50% if committed:

    • Using the convenience of public service, employment, or familial relations.

    • By a guardian, educator, caregiver, foster family, or health worker.

    • Using workplace dynamics.

    • Through electronic communication (phone, email, WhatsApp, etc.).

    • Through public exposure or indecent display.

  • If the act causes the victim to quit their job, school, or family home, the sentence cannot be less than 1 year.

Bayraktar Attorneys is based in Istanbul and serves exclusively international clients in Türkiye. We offer representation in sexual harassment cases both for foreign victims and foreign suspects under Turkish criminal law. Our lawyers provide communication in fluent English, German, Arabic, and Chinese, ensuring sensitive and confidential handling of your case.

If you need support or legal advice in Türkiye regarding a sexual harassment case, please contact Bayraktar Attorneys via:

• Email: [email protected]

• WhatsApp / Telegram / WeChat: +90 539 935 2875

• Office: Kolektif House Levent, Esentepe Mah., Talatpaşa Cd. No:5/1, Şişli/İstanbul

Our team is ready to assist with your legal needs with discretion, expertise, and a fully international approach.