The crime of sexual harassment in turkish criminal law

Thesis Type: Postgraduate

Institution Of The Thesis: Ankara University, Sosyal Bilimler Enstitüsü, Turkey

Approval Date: 2022

Thesis Language: Turkish


Supervisor: Fahri Gökçen Taner


The individual and societal appearances of sexuality have been one of the fields of study of law for many years. States have attempted to draw a line between "prohibited (crime)" and "unprohibited (legitimate)" sexual behaviors in the context of recognizing, protecting, regulating or restricting sexuality. As of today, sexual crimes; are accepted as being committed against the individuals, not against the society; and they directly violate the sexual freedom of individuals, not public morality. The crime of sexual harassment, which can only be committed with sexual behaviors that do not violate the victim's bodily immunity and which constitutes the main subject of this study, is regulated in Article 105 of the Turkish Penal Code. In this study, the problems of the material element of the crime of sexual harassment were emphasized and various solutions were proposed to these problems. Therefore, the aim is to draw attention to the steady but clearly contrary to the principle of legality and legal security in the decisions of the crime of sexual harassment by the Court of Cassation. The study consists of two sections. In the first chapter of the study; primarily, a conceptual framework was drawn on the sexual revolution, women's movements and the transformation of sexual politics. After that, the concept of "sexual freedom", the change in the legal interest protected by sexual crimes, and the crimes of "catcall" and "molestation", which are the equivalent of sexual harassment in the Turkish Penal Code No. 765, are generally discussed. In the second chapter of the study; the crime of sexual harassment was examined as an independent crime type within the framework of a classical study plan. In order to concretize the material element of the crime and determine its boundaries, particularly within the framework of the Court of Cassation decisions, the problematic issues related to the material element of the crime of the sexual harassment were mainly addressed. In addition, the relationship between the crime of sexual harassment and "the crime of deterioration of peace and order" and "the crime of stalking" are emphasized.