Regulated under Article 102 of the Turkish Penal Code (TPC)

Sexual assault is addressed under Article 102 of the Turkish Penal Code, with varying degrees of severity depending on the nature of the act, its impact on the victim, and the relationship between the offender and the victim.

According to TPC Art. 102/1, an individual who violates another person’s bodily integrity through sexual behavior is punishable by 5 to 10 years of imprisonment, depending on the nature of the assault and the victim’s complaint.

• If the sexual act is at the level of molestation, the offender faces 2 to 5 years of imprisonment.
• If the offense involves the penetration of the body by any organ or object, the punishment is at least 12 years of imprisonment. In cases where the act is committed against a spouse, investigation and prosecution are contingent upon the victim’s complaint (TPC Art. 102/2).

• Sexual assault can be committed by any person against another, regardless of gender.
• Spouses cannot be the offenders of non-consensual bodily violations, except in cases of aggravated sexual assault within the marriage.
• If the victim is under 18 years old, the offense is considered child sexual abuse (TPC Art. 103), not sexual assault.
• Consent must remain valid throughout the act; otherwise, the offense can be classified as sexual assault.
• For consent to be valid, it must cover both the act itself and its manner of execution.
• The assault is considered to involve coercion if the victim is unable to exhibit sufficient resistance due to the circumstances.

Sexual assault can be aggravated under certain conditions, resulting in more severe penalties. Aggravating factors include:

1. Penetration with an object or organ: In this case, the offender is sentenced to at least 12 years of imprisonment (TPC Art. 102/2).
2. Victim’s inability to defend: Assault against individuals who are physically or mentally incapable of defending themselves (TPC Art. 102/3-a).
3. Abuse of authority or trust: Offenses committed by someone abusing their official duties, guardianship, or similar positions (TPC Art. 102/3).
4. Use of a weapon or involvement of multiple offenders: In these cases, the offender's penalty is increased, irrespective of whether the weapon was actually used during the assault.

The offense must involve both sexual behavior and a violation of bodily integrity to constitute sexual assault. The offender must have physical contact with the victim, though this contact does not need to be with sexual organs or involve nudity.

• Witness credibility: According to established case law, the victim’s testimony is generally accepted as credible unless there are substantial reasons to suspect falsehood or inconsistency in the victim’s statements.
• Use of threats: Threats that lead the victim to consent under duress are considered invalid, resulting in the offense of sexual assault.
• If the offender attempts penetration but fails due to external factors, they will be charged with attempted aggravated sexual assault.

• If the offense is committed using force or threats, it is considered a compound offense under TPC Art. 42, and the offender cannot be additionally charged with coercion or threat.
• In cases of repeated sexual assaults under the same criminal intent, the actions may be evaluated as chain offenses.

• Basic form of sexual assault requires a victim's complaint to initiate prosecution.
• The aggravated form of the offense, except between spouses, is prosecuted ex officio.
• Marital status does not nullify the prosecution or punishment.

Sexual assault is a severe criminal offense that is subject to strict penalties under the Turkish Penal Code. Legal proceedings often require comprehensive evidence and credible testimonies. Victims are encouraged to seek legal support promptly to ensure their rights are protected.