What Types of Actions Constitute Sexual Harassment? Supreme Court Case Law
Sexual harassment , as defined in Article 105 of the Turkish Penal Code , is a type of crime that occurs when a person is harassed for sexual purposes, but without any physical contact with the victim's body. Although it is often confused with "sexual assault" (rape or groping) in society, the most fundamental characteristic that distinguishes sexual harassment is the principle of non-contact .
The established jurisprudence of the Supreme Court of Turkey clearly defines which behaviors constitute interference with sexual freedom and which are considered rude or impolite. This article sexual harassment and the actions that are considered and not considered crimes in light of Supreme Court rulings.
1. Definition and Elements of the Crime of Sexual Harassment
Sexual harassment refers to verbal, written, or behavioral acts that violate a person's sexual integrity but do not infringe upon their bodily integrity.
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Sexual Intent Requirement: The perpetrator's actions must be aimed at satisfying their sexual desires or sexually harassing the victim.
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Lack of Physical Contact: If the perpetrator makes physical contact with the victim's body (touching the shoulder, kissing, hugging, etc.), the crime is no longer considered sexual harassment, but rather "Sexual Assault" (Turkish Penal Code Article 102) or "Sexual Abuse of a Child" (Turkish Penal Code Article 103).
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Continuity is not required: A single message or word can constitute the crime of sexual harassment.
2. Actions Considered Sexual Harassment According to Supreme Court Jurisprudence
The Supreme Court considers all kinds of harassing acts, especially those committed against the victim's will and containing sexual content, to fall within this scope. Here are some concrete examples:
Verbal Harassment
Making sexually explicit remarks to a victim, either behind their back or to their face, is the most common form of this crime.
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"You're gorgeous, you're so beautiful."
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"I want to sleep with you."
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"Your body is very impressive."
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Catcalling someone on the street (following them while using terms of endearment like "my dear" or "my baby").
Written and Visual Harassment (Social Media and Messaging)
Today, a large percentage of sexual harassment crimes are committed via WhatsApp, Instagram, or SMS
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Sending sexually explicit messages (sexting) to the victim.
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Sending unsolicited nude photos or videos.
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Constantly harassing someone on social media with messages like "Shall we get to know each other?", "You're so sexy".
Behavioral Harassment (Non-Contact Gestures)
These are bodily movements that do not involve physical contact but carry sexual connotations.
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Exposing one's genitals to the victim (exhibitionism).
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Blowing kisses or making sexually suggestive gestures towards the victim.
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Blocking the victim's path, staring at them with sexually suggestive glances, and making their discomfort known.
3. Situations Not Considered Sexual Harassment According to the Supreme Court
Not every disturbing behavior constitutes sexual harassment. The Supreme Court emphasizes that for the crime to occur, the act must necessarily a sexual purpose .
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Friend Request: Saying "Can we get to know each other?" or "Shall we have a coffee?" once to someone is not sexual harassment as long as no sexually suggestive words are used. However, if this offer becomes persistent after the victim says "no," it may constitute the crime of "Disturbing the Peace and Tranquility of Individuals" (Turkish Penal Code Article 123).
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Compliments within the bounds of politeness: Statements that do not contain a sexual connotation, such as "You look very elegant today" or "Your smile is beautiful," are not considered harassment.
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Rude and Impolite Behavior: Crude words that do not have a sexual connotation (e.g., "idiot," "sour face") may constitute insult but are not sexual harassment.
4. Aggravating Circumstances of the Crime (Situations Increasing the Punishment)
The crime of sexual harassment is punished more severely in some cases (Turkish Penal Code Article 105/2):
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Hierarchy or Service Relationship: Harassment of employees by their boss, or of students by their teacher.
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By means of public display: Performed in a public area.
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Use of Technology: Easily processed via mail, email, or social media.
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Forced Dismissal of the Victim: The victim being forced to leave their job or school due to abuse.
5. The Issue of Proof and the Principle of "The Victim's Statement is Paramount"
Sexual harassment is often committed in private settings or in digital environments. In such cases, the Supreme Court considers the following criteria:
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Consistency of Statements: The victim should not contradict themselves while describing the event.
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Inquiry into Animosity: Whether there was a prior animosity between the victim and the perpetrator (possibility of defamation).
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The Ordinary Course of Life: Whether the victim had a reasonable reason to make such an accusation, which could also damage their own dignity.
Important Note: The Supreme Court has paved the way for a conviction even without corroborating evidence (witnesses, message transcripts, camera footage) if it finds the victim's statement to be "sincere and consistent."
6. Complaint and Statute of Limitations in Sexual Harassment Crimes
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Complaint: Sexual harassment crimes are generally subject to complaint. The victim 6 months .
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Public Official/Guardian Status: In aggravated cases of harassment, such as when the perpetrator uses their influence, the complaint period is waived, and the crime is investigated ex officio (directly by the prosecutor's office).
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Settlement: Crimes against sexual integrity (including harassment) are not subject to settlement. This means that even if the parties reach an agreement among themselves, the public prosecution will continue.
Conclusion
Sexual harassmentis not merely a physical assault, but a serious attack on a person's mental integrity and peace of mind. Supreme Court precedents define the boundaries of this crime according to the changing dynamics of society. The most fundamental criterion for determining whether a statement or message constitutes harassment is the sexual discomfort it causes the recipient and the perpetrator's intent to do so.
If you find yourself in such a situation, saving message records, identifying witnesses if any, and seeking legal assistance without delay will prevent you from losing your rights.
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