Paylaş: Penalties and Definitions under TPC Article 103
Basic Offense:Any person who sexually abuses a child shall be sentenced to 8 to 15 years in prison.
Abuse at the Level of Molestation:
- In cases where the sexual abuse remains at the level of molestation, a prison sentence of 3 to 8 years is imposed.
- If the perpetrator is a minor, prosecution depends on the complaint of the victim, their guardian, or legal representative.
Penetrative Sexual Abuse:
- If the sexual abuse involves the insertion of an organ or object into the body, a prison sentence of at least 16 years is imposed.
Definitions Related to the Offense
Sexual Abuse:
Refers to:
- a) All sexual acts committed against children under the age of 15, or those who are incapable of comprehending the legal meaning and consequences of the act, regardless of age.
- b) Sexual acts committed against other children only through coercion, threat, deceit, or other means affecting the child's will.
Invalidity of Consent:
- Consent given by children under 15 is always invalid.
- Consent from children over 15 is valid, but in cases of penetrative sexual acts, Article 104 of the TPC applies.
Mistake of Fact:According to the Supreme Court, if the offender claims ignorance of the victim’s age, it must be presented as a defense; otherwise, no automatic investigation is required.
Aggravating Circumstances
Penetrative Sexual Abuse:
- If the abuse involves the insertion of an organ or object, the offender shall be sentenced to at least 16 years in prison.
Qualified Forms of the Offense (TPC 103/3):
- Committed by more than one person.
- Exploiting the facilities provided by communal living environments.
- Committed against relatives up to the third degree, step-parents, or adopted children.
- Committed by guardians, educators, caregivers, foster families, healthcare providers, or those responsible for the child's care or supervision.
- Committed by abusing public office or authority.
Use of Coercion, Threat, or Weapons (TPC 103/4):Coercion or threat must be directly aimed at the child victim.
Resulting in the Victim's Vegetative State or Death (TPC 103/6):
- If the victim enters a vegetative state or dies due to the offense, and the perpetrator did not intend this result but is culpable due to negligence, penalties apply. If there was intent, the perpetrator may also be charged with aggravated murder (TPC Articles 81 and following).
Additional Information About the Offense
Attempt:If the perpetrator begins the offense but cannot complete it for reasons beyond their control, they may be punished for an attempt.
Compound Offense:Coercion or threat is used as a means to commit this offense; thus, no separate penalty for these acts is imposed.
Consent:The victim's consent negates the illegality of the act; however, consent must cover both the sexual act and the manner of its execution.
