YARGITAY KARARLARI IŞIĞINDA CİNSEL TACİZ SUÇU VE İNCELEMESİ
SEXUAL HARASSMENT CRIME AND INVESTIGATION IN THE LIGHT OF JURISDICTIONS

Summary/Abstract: Sexual crimes are wide-spread types of crimes in the form of sexual harassment, sexual assault, sexual abuse, and their simple and qualified forms. The crime of sexual harassment is sexual behavior committed by someone else against a person without his or her consent. These behaviors include sexual motivation but, in accordance with the Supreme Court decisions, do not involve 'physical contact'. The relevant crime is regulated based on a dual distinction in the TCK systematics: 'child' and 'adult'. In the study, a general overview of sexual crimes, sexual crime regulations in the TPC No. 765 and TPC No. 5237, the structure of sexual crimes, the material and moral elements, the legal value protected by crime, the examination in terms of reasons that abolish or reduce the punishment, the special appearance, the trial of the type of crime, the section on the regulation of sexual offenses in TPC No. 5237 in terms of sexual harassment, including sexual harassment, but the section on the regulation of sexual offenses in terms of protected legal benefit, and re-arranging the reasons for sexual harassment in terms of positive legal benefits, The study was concluded by criticizing the issue of whether aggravating factors are subject to complaint in the regulation of the type of crime, the age of the child in terms of the element of consent in sexual harassment against the child, the criterion of whether physical contact is sought in the material element of the crime is not regulated.

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