What is the Crime of Sexual Abuse?
Sexual abuse is the use of a child by an adult for sexual gratification. Under the Turkish Penal Code, while the crime of sexual assault is regulated for adults, the crime of sexual abuse is defined for children.
Any kind of sexual act committed against children who have not completed the age of 15, or who have completed this age but have not developed the capacity to understand the legal meaning and consequences of the act, falls within the scope of the crime of sexual abuse, even if consent is given.
Sexual Abuse Involving Children Over 15
Sexual acts committed against children over the age of 15 through **force, threat, deceit, or any other factor affecting free will** also constitute the crime of sexual abuse. In this case, **the victim’s statement** is taken as the basis.
Animosity and Victim Testimony in Court of Cassation Jurisprudence
In the practice of the Court of Cassation, the **absence of animosity** between the accused and the victim is considered an important criterion. This lack of animosity is specifically mentioned in indictments. During the judicial process, the burden of proving the contrary to the victim’s statement often falls on the accused.
The Role of the Defense Counsel
In the evidence-gathering process, the **effective efforts of the defense counsel** are of great importance. Contradictions in the victim’s statements must be carefully analyzed by the defense, and **inconsistencies with the ordinary course of life** must be detailed. This forms the basis of an effective defense strategy.
Importance from a Criminal Law Perspective
The **crime of sexual abuse** is one of the most severe and sensitive offenses regulated under Criminal Law. Therefore, being represented by an **experienced criminal lawyer** is crucially important and can directly influence the course of the case.
In sexual abuse cases, the correct legal strategy and a strong defense line are decisive factors in ensuring justice is served.
Legal Support with Attorney Aslı Şahin Karakaya
Attorney Aslı Şahin Karakaya is a legal professional specialized in sexual abuse and other criminal law cases. She provides professional support to her clients at every stage of the trial process, taking an active role in the effective gathering of evidence and the meticulous preparation of defense strategies. As an experienced lawyer, she stands by your side throughout the legal process to ensure justice is served and your rights are protected.
