Child Abuse Crime and Punishment

Child abuse is the deliberate or unintentional obstruction or harm to a child's healthy physical, sexual, or psychosocial development by a group or adult.

The legal concept of "child"

The concept of "child" is addressed differently in our laws, sometimes leading to confusion in society. However, to be bound by the Convention on the Rights of the Child, it is absolutely essential that everyone recognizes individuals, both male and female, aged 0-18 as children. Looking at the concept of "child" in Turkish law, while the Constitution does not provide a precise definition, the term is used in some articles. Article 11 of the Civil Code states that "Adulthood begins upon reaching the age of eighteen," from which we can understand that those who are not adults and those under 18 are children. Similarly, in labor law, the concept of "child" is not defined, but provisions referring to children are included in the legislation. In the Turkish Penal Code, children are divided into three age groups: 0-12, 12-15, and 15-18. Furthermore, Article 6, paragraph 1b of the Turkish Penal Code stipulates that individuals who have reached the age of 18 are children. Article 3 of the Child Protection Law defines individuals who have not reached the age of 18 as children.

The scope of child abuse crimes

There are three different types of child abuse. When defining abuse, it's necessary to clarify the terms "intentional" and "unintentional," as sometimes children can be harmed accidentally. The way a child is raised and the meaning attributed to the child can vary culturally. The approaches taken towards children can also differ from those of the adults involved.

Another notable concept regarding sexual abuse is child pornography. Along with this concept, child prostitution and the sale of children are included in the agreement through an additional protocol. This was also legalized in Turkey in 2002. The Turkish Penal Code also includes provisions regarding the sexual inviolability of children.

Criminal aspects of child abuse crimes

Article 103 of the Turkish Penal Code (TCK) deals with crimes related to the sexual abuse of children. If the child is under 15 years of age or unable to understand the meaning and consequences of the act, the punishment for bodily violation is 3-8 years, and for sexual assault or rape involving an organ or foreign object, it is 8-15 years. Article 104 regulates sexual intercourse with a minor. This crime is committed with a child over 15 years of age without coercion, threat, or deception, and the perpetrator must be 5 years older than the victim. If the perpetrator is 5 years older than the victim, the sentence is doubled. Article 105 regulates sexual harassment. Behaviors that do not constitute a violation of bodily integrity, such as verbal harassment, molestation, and indecent behavior, are covered; however, a complaint from the victim is required. If a complaint is filed, the sentence ranges from 3 months to 2 years. When it comes to child sexual abuse, attention must be paid to factors such as the presence of coercion and threats, age, impairment of mental or physical health, perpetration by a family member, and exploitation of the victim's mental or physical well-being.

A conscious approach to suspicion and evidence in child abuse cases

Child sexual abuse is included in the "Catalog of Crimes." The 4th Judicial Package, accepted by the Justice Committee of the Turkish Grand National Assembly on June 23, 2021, includes a provision stating that "In catalog crimes, the arrest of a person will be contingent upon strong suspicion of guilt being based on concrete evidence." This inclusion of sexual abuse in the catalog of crimes has raised concerns that the crime may go unpunished due to the child's testimony being deemed credible, the abuser destroying evidence, and the near impossibility of obtaining concrete evidence. Considering that this crime is committed when the child is alone, where will witnesses be found? Therefore, everyone must be very careful, believe the child's statements, and support a comprehensive investigation by filing a complaint without delay.

To get expert answers to all the details and questions you may have, you can consult with Attorney Ferhat Kule

Asiye Gunes