Cinsel Taciz Suçu TCK. m.105

Abstract

Abstract

The crime of sexual harassment not regulated in the 765 no. Turkish Penal Code was regulated first time in the art. 317 of draft Turkish Penal Code. In mentioned article, this crime was regulated not as seperate crime but qualitative status of the crime of molestation. This crime in the art. 105 of the new Turkish Penal Code counters the crime of molestation in the article 421 of 765 no. Turkish Penal Code. The age of victim is important to execute the article. If the victim is over 18 years old, art. 102 must be executed, but if the victim is under 18 years old, art.103 must be executed. The victim and perpetrator can be different sex or same sex. It is not important that whether or not these person are married or single. The legislator doesn’t determine acts of crime and the crime is not determined. Any act that executed against one person for the purpose of sexual can be evaluated as crime if it is not evaluated within art. 102 and 103 of Turkish Penal Code . The mentioned acts must be executed the purpose of sexual. The aggravated circumstances are regulated in the second sub-article. 19.6.2005 dated and 5377 no. Law made an amendment to this sub-article and made this article conformity with first sub-article. The regulatin type of this crime is suitable in terms of crime policy. Nevertheless it is deficiency that the mobbing, sexual in the work place is not regulated in Turkish Penal Code.

Keywords

• harassment, sexual harassment, molestation, mobbing, sexual aggression.