Sexual Harassment Over the Internet

This is a common occurrence these days, both on social media platforms like Twitter, Instagram, Facebook, and TikTok, and through email or text messages. The victims are generally children and young people, and the crime can cause serious psychological and mental harm, potentially leading to more serious consequences if not addressed promptly.

While online sexual harassment isn't directly considered a crime under the Turkish Penal Code, there are related offenses with legal consequences. Before discussing these, let's define the concept in general terms: sexual harassment is the act of one person disturbing another without any physical contact, .

What is the penalty for sexual harassment?

In such a case, upon the victim's complaint, the perpetrator 3 months to 2 years or a fine; if the act is committed against a child, the sentence may be imprisonment for 6 months to 3 years.

Sexual harassment should not be confused with other crimes…

The crucial point here is the absence of any physical contact. Because physical contact alone constitutes 'sexual assault,' not 'sexual harassment.'.

It's also important to note a key distinction: if someone sends you insulting messages online without any sexually explicit content, this constitutes the crime of 'insult,' not sexual harassment.

Another important distinction is the crime of 'disturbing the peace and tranquility of individuals'. In this context, the Supreme Court has differing opinions. For example, in some decisions, the Supreme Court considers 'compliments', 'friendship', and 'offers to meet' – which do not contain any sexual connotations and are not likely to violate sexual freedom, the legal subject of this crime – as falling under the scope of sexual harassment.[1]

In short, despite some Supreme Court rulings to the contrary, sexual harassment, which involves behaviors that evoke sexual connotations and the aim of satisfying sexual desires, appears to be a different type of crime from disturbing the peace and tranquility of individuals.

Behaviors that do not amount to sexual assault but that sexually disturb a person are considered sexual harassment, aiming to protect sexual freedom in the broadest possible way.

"Any sexual behavior that does not constitute a violation of bodily integrity and causes discomfort to the victim should be considered harassment."[2]

What behaviors constitute sexual harassment?

In legal doctrine and judicial decisions, it has been accepted that this crime targets the victim and can be committed through actions that, without violating bodily integrity, are directed at their sexuality, such as 'saying things, sending messages or letters, making hand gestures, blowing kisses, offering sexual intercourse, displaying genitals (sharing this through photos or videos)'.

Whether the act was committed for sexual purposes, or which act constitutes the crime of sexual harassment, will be determined by the judge based on the specific circumstances of the case.

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

Ayşe Rumeysa İşcan

Sources used

[1] Relevant Decisions: Supreme Court 14th Criminal Chamber, Case No. 2011/12504, Decision No. 2012/6089, May 29, 2012 – Supreme Court 14th Criminal Chamber, Case No. 2011/10192, Decision No. 2012/7453, Decision No. 2012/3116, March 15, 2012; 2012/1010, February 8, 2012 – Supreme Court 4th Criminal Chamber, Case No. 2012/13490, Decision No. 2013/1080, January 22, 2013

[2] Tezcan, Erdem, Önok, p. 311.