What is the Crime of Prostitution? (Turkish Penal Code Article 227) Elements, Punishment, and Supreme Court Jurisprudence

The crime of prostitution , which is one of the types of crimes aimed at disrupting social order, general morality, and especially preventing sexual exploitation, is regulated in the seventh chapter of the Turkish Penal Code, titled "Crimes Against General Morality." In practice, this crime is often associated with human trafficking, sexual abuse, or organized crime activities; and, especially with the widespread use of the internet and social media platforms, it can be committed in various ways.

One common misconception in public opinion a person engaging in prostitution has committed a crime in every instance . However, in Turkish criminal law, the punishable act is not the act of prostitution itself, but rather the actions of those who encourage, facilitate, profit from, or organize prostitution. The legislator's primary aim is to prevent individuals from being subjected to sexual exploitation by taking advantage of their economic, social, or psychological difficulties.

Therefore, a correct understanding of the scope of the crime of prostitution is of great importance. Whether an act constitutes a crime under Article 227 of the Turkish Penal Code is determined by considering the characteristics of the event, the position of the parties, and the actions performed by the perpetrator. The Supreme Court, in its rulings, also shapes the boundaries of the crime of prostitution based on specific cases.

Legal Regulation of the Crime of Prostitution

The crime of prostitution in Article 227 of the Turkish Penal Code No. 5237. This article criminalizes not only forcing someone into prostitution, but also inciting prostitution, mediating prostitution, providing a place for prostitution, facilitating prostitution, and in some cases, profiting from prostitution.

The legislator's aim is to prevent individuals from being subjected to sexual exploitation and to punish prostitution organizations. Therefore, Article 227 of the Turkish Penal Code covers not only situations involving the use of force or threat, but also organizations established for the purpose of economic gain.

Organizations that conduct their activities through websites, social media accounts, and various digital platforms, especially in recent years, are also considered under this provision.

Legal Values ​​Protected by Crime

The crime of prostitution protects multiple legal values.

These include, first and foremost, the general moral understanding of society and public order. In addition, the sexual freedom of the individual, human dignity, and the prevention of exploitation are also within the scope of the law's protective aims.

Prostitution, particularly when driven by economic hardship, young age, addiction, or psychological pressure, is considered a behavior that severely violates human dignity.

For this reason, the legislator has introduced a regulation aimed not only at protecting the victim but also at maintaining social order.

Elements of the Crime of Prostitution

As with any crime, the elements stipulated in the law must all be present for the crime of prostitution to occur.

In this context, the material element, the mental element, the perpetrator, and the victim of the crime are evaluated separately.

Material Element

The material element of the crime of prostitution is the performance of any of the alternative acts specified in the law.

Perpetrator;

• It can encourage a person to engage in prostitution,
• It can facilitate prostitution,
• It can provide a place for prostitution,
• It can facilitate prostitution,
• They can harbor a person for the purpose of prostitution,
• She can profit from prostitution.

The occurrence of only one of these actions is sufficient for the crime to be constituted.

Spiritual Element

The crime of prostitution can only intentionally .

The perpetrator must know that their actions lead the person to prostitution or facilitate prostitution, and must act accordingly intentionally.

It is not possible to commit the crime of prostitution through negligence.

Perpetrator

Anyone can be the perpetrator of the crime of prostitution.

The law does not require any specific qualifications for the perpetrator. Individuals can be the perpetrators of this crime, or it can be committed within an organization.

In practice;

• Hotel operators,
• Guesthouse owners,
• Entertainment venue operators,
• Website administrators,
• People who organize escort services,
• Intermediaries

They can be prosecuted under Article 227 of the Turkish Penal Code.

However, it is not possible to automatically hold every hotel owner or operator liable. It must be proven with concrete evidence that the person was aware of and knowingly contributed to the criminal activities.

victim

The victim of the crime of prostitution is the person who is encouraged to engage in prostitution, is forced into prostitution, or is subjected to sexual exploitation.

There is no legal difference between the victim being male or female. Similarly, foreign nationals can also be victims of this crime.

However, much harsher penalties are applied when the victim is a child . The legislator has foreseen special protection provisions to prevent the sexual exploitation of children

Inciting Prostitution

One of the most common forms of the crime of prostitution is inciting someone to engage in prostitution.

Encouragement refers to persuading a person, who does not yet have such intentions or is undecided on the matter, to engage in prostitution through various promises, suggestions, or guidance.

For example, luring someone into working as an escort with the promise of high earnings could be considered promoting prostitution, depending on the specifics of the case.

Incentives do not necessarily have to involve coercion or threats. Psychological guidance or economic promises can also be considered incentives in some cases.

Facilitating Prostitution

Brokerage refers to the process of connecting a person who wants to engage in prostitution with a client.

This can include services such as acquiring clients over the phone, organizing online meetings, scheduling meeting places, or bringing parties together.

Today, brokering activities carried out particularly through social media accounts, messaging applications, and websites can become subject to investigation.

For the crime of mediation to occur, the act must be carried out consciously.

Providing a Place for Prostitution

The legislator punishes not only those who direct individuals, but also those who enable prostitution to take place.

In this context;

• House,
• Apartment,
• Hotel room,
• Hostel,
• Apartment,
• workplace

Deliberately allocating places like these for the purpose of prostitution may constitute a crime.

However, the important point here is that the person providing the venue knows the purpose of the activity.

For example, a hotel owner may not be held criminally liable if they are unaware that customers are using a room for prostitution. However, if rooms are consistently allocated for this purpose and this is done knowingly, Article 227 of the Turkish Penal Code may come into play.

Facilitating Prostitution

Any behavior that facilitates prostitution can also be considered a crime.

For example;

• Providing transportation,
• Finding customers,
• Establishing communication,
• Organizing,
• Advertising,
• Ensuring security,
• Appointment scheduling

Examples of such actions can be given.

The perpetrator does not need to be directly involved in sexual intercourse. A conscious contribution that facilitates the act of prostitution is sufficient.

The Legal Value of Consent in Prostitution Crimes

One of the most debated issues in practice is the effect of the victim's consent on the commission of the crime.

The fact that an adult voluntarily agrees to engage in prostitution does not automatically render all the acts regulated in Article 227 of the Turkish Penal Code lawful. The legislator continues to punish, in particular, facilitating prostitution, profiting from it, or organizing prostitution, on grounds of public order and general morality.

Conversely, consent has no legal value when the victim is a child. Protecting children from sexual exploitation is one of the fundamental principles of criminal law, and therefore, a claim of legality cannot be based on the consent of a child.

Aggravated Forms of the Crime of Prostitution

The Turkish Penal Code prescribes harsher penalties for the crime of prostitution in certain circumstances. This is because some acts have a more severe impact on the victim and pose a greater risk to public order.

In particular, situations such as the victim being a child, the crime being committed using force, threat or deception, or the perpetrator abusing their influence are among the aggravated forms of the crime.

Child Prostitution

The legislator has given special importance to the protection of children. Much harsher penalties are applied if a person under the age of eighteen is encouraged to engage in prostitution, forced into prostitution, or if such activities are facilitated.

Claiming that the child participated in these activities voluntarily does not absolve them of legal responsibility. This is because children's sexual integrity and development are specifically protected by criminal law.

The Supreme Court, in its rulings, also deems it necessary to determine the age of the victim and, if the victim is a minor, to fully apply the relevant provisions of the Turkish Penal Code.

Use of Coercion, Threat or Deception

If a person is forced into prostitution through physical force, threats, or deception, the crime is punished more severely.

For example, actions such as physically assaulting the victim, threatening to harm their family, confiscating their passport, or forcing them to work by incurring debt can be considered coercion and threats.

Similarly, the element of deception can also occur if the victim is lured into prostitution with the promise of a different job.

Abuse of Influence

Abusing the perpetrator's authority or influence over the victim to force them into prostitution is also considered an aggravating circumstance.

The abuse of power by an employer, family member, or someone who actually holds authority over the victim is considered a significant element in assessing the crime.

Online Prostitution Facilitation

With the advancement of technology, the ways in which prostitution crimes are committed have also changed. Today, finding clients or organizing encounters through social media platforms, messaging applications, and websites are frequently encountered practices.

Especially;

• Customer acquisition through social media accounts,
• Placing advertisements on websites,
• Organizing events through messaging applications,
• Providing clients under the guise of escort services

Such acts may be evaluated within the scope of Article 227 of the Turkish Penal Code, depending on the specific circumstances of the case.

The Supreme Court does not differentiate between online activities and classic pimping offenses; it examines whether the perpetrator knowingly contributed to a prostitution ring.

Does escorting always constitute the crime of prostitution?

One of the most frequently asked questions in practice is the legal nature of escort services.

The mere use of the term "escort" or the presence of such an advertisement on a website does not automatically constitute the crime of prostitution. However, if this activity involves connecting individuals with clients, organizing events, generating profit, or conducting prostitution systematically, then Article 227 of the Turkish Penal Code may come into play.

Therefore, each case should be evaluated within the context of its own specific characteristics.

The Difference Between the Crime of Prostitution and the Crime of Human Trafficking

In practice, the crimes of prostitution and human trafficking are sometimes confused with each other. However, these two crimes protect different legal values.

The primary aim in prostitution crimes is to punish those who encourage or organize prostitution.

In human trafficking cases, the victim;

• To be employed,
• Being forced into prostitution,
• Removal of organs,
• Subjected to slave-like practices

This involves obtaining, transporting, smuggling, or harboring for that purpose.

Because the victim's freedom is violated much more severely in human trafficking cases, the penalties imposed are also harsher.

Evidence in Prostitution Crimes

In criminal proceedings, legally obtained evidence is of paramount importance in reaching the truth.

The most common evidence used in prostitution cases is as follows:

• Victim statements,
• Witness accounts,
• HTS (telephone call) records,
• Digital messaging,
• Social media correspondence,
• Bank account statements,
• MASAK reports,
• Camera recordings,
• Technical surveillance records,
• Search and seizure records,
• Digital materials,
• Expert reports.

However, all of this evidence must have been obtained through lawful methods. Evidence obtained illegally, as a rule, cannot be used as the basis for a judgment, in accordance with the Constitution and the Code of Criminal Procedure.

The Supreme Court's Approach to the Crime of Prostitution

Supreme Court rulings state that for the crime of prostitution to occur, it is not sufficient to merely determine that the victim engaged in prostitution. In addition, it is emphasized that concrete evidence must be presented to demonstrate that the defendant incited, facilitated, provided a place for, or organized prostitution.

The Supreme Court makes important assessments, particularly regarding hotel, guesthouse, or apartment operators. According to these assessments, merely renting out rooms alone does not constitute criminal liability. It must be proven with concrete evidence that the operator was aware that the rooms were systematically used for prostitution and that they knowingly contributed to these activities.

The Supreme Court also acknowledges that in organizations operating online, digital correspondence, money transfers, customer meetings, and communication records should be evaluated together. There are consistent rulings that all evidence should be examined together, rather than establishing a conviction based on a single piece of evidence.

Furthermore, the Supreme Court frequently emphasizes in its rulings that victim statements must be supported by other evidence in order to be used as the basis for a judgment, and that decisions cannot be made with insufficient investigation, especially in cases where there are contradictory statements.

Competent and Authorized Court

The court with jurisdiction over prostitution offenses is determined according to the nature of the crime and the alleged act. Generally, in cases opened under Article 227 of the Turkish Penal Code, the competent court is the Criminal Court of First Instance. The authorized court is, as a rule, the court of the place where the crime was committed.

However, in cases where the crime is committed within the scope of organized crime or needs to be considered in conjunction with other crimes, different provisions regarding jurisdiction and authority may come into play.

Statute of limitations

The statute of limitations for prosecution offenses is determined according to the general statute of limitations provisions of the Turkish Penal Code. If the statute of limitations expires, a public prosecution cannot be initiated; in cases already initiated, a dismissal decision is issued.

However, if there are circumstances that suspend or interrupt the statute of limitations, the period will be recalculated. Therefore, the statute of limitations must be assessed separately in each case according to the specific circumstances of the situation.

Conclusion

Prostitution is a significant crime regulated in Article 227 of the Turkish Penal Code, aiming to protect public morality, public order, human dignity, and individuals against sexual exploitation. The legislator has defined the punishable act not only as prostitution itself, but also as inciting prostitution, facilitating such activities, organizing prostitution, and profiting economically from it.

Particularly with the advancement of technology, organizations operating through the internet and social media have significantly expanded the scope of this crime. However, not every incident constitutes the crime of prostitution. For criminal liability to arise, it must be legally proven with evidence that the perpetrator knowingly and willingly performed the alternative actions specified in the law.

The established jurisprudence of the Supreme Court of Appeals also accepts that, in prostitution cases, mere suspicion is insufficient for a conviction; it must be proven with concrete and conclusive evidence that the defendant committed the criminal acts. Therefore, investigating the material truth through legally compliant methods during the investigation and prosecution phases is of great importance both for protecting the rights of victims and for ensuring the principle of a fair trial.