Sexual Harassment Offense

The offense of sexual harassment is regulated under Article 105 of the Turkish Penal Code. This article defines sexual harassment as any sexual behavior that does not involve a violation of the victim's bodily integrity but causes discomfort.

A person who sexually harasses another individual, upon the complaint of the victim, is subject to a prison sentence ranging from three months to two years or a judicial fine. If the offense is committed against a child, the penalty increases to a prison sentence ranging from six months to three years.

Aggravated forms of the offense occur when the perpetrator is in a certain position or relationship, leading to increased penalties.

Sexual behavior that does not violate the bodily integrity of the victim but causes discomfort.

The act of harassment can be motivated by a sexual purpose or by the intent to disturb the peace and tranquility of the victim. In such cases, the offense may fall under Article 123 of the TPC, which regulates "disturbance of peace and tranquility."

If sexual harassment is committed multiple times against the same person at different times with the same intent, it constitutes a continued offense under Article 43 of the TPC.

The following conditions lead to increased penalties for the offense of sexual harassment:

• Using the advantage of public duty, employment relationship, or family relations.
• Committed by a guardian, educator, teacher, caregiver, foster parent, health service provider, or someone responsible for protection, care, or supervision.
• Using the advantage of working in the same workplace.
• Using the means of postal or electronic communication.
• Committed through exposure.

In cases of these aggravated circumstances, the penalty is increased by half. If the victim is forced to leave their job, school, or family due to the offense, the minimum penalty cannot be less than one year.