Abstract:

In the Turkish Penal Code, the crime most frequently discussed in doctrine crimes against sexual inviolability is the crime of “sexual intercourse with minors”. There is a consensus in the doctrine that especially if both parties of consensual sexual intercourse are minor or under the age of eighteen, criminal law should remain outside the intervention area. However, in our legal practice, it is seen that consensual sexual intercourse among peer children over the age of fifteen are considered as a crime, the boy is determined as the perpetrator and the girl as the victim without the need for any further evaluation. These decisions, which we consider to be incompatible with the protected legal interest and do not rely on any justification, cause inconsistent results and aggrievements in practice. In our opinion, the solution of the problem will be possible with an interpretation of the provision of law within the scope of the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse. In the aforementioned Convention, the age below which it is prohibited to engage in sexual activities with a child should be determined by the state parties (Art.18). Another point that should be considered within the Convention is that sexual activities based on consent among children should not be considered within this scope. Therefore, consensual sexual intercourse between children should be excluded from the criminal law, and the condition of completing the age of eighteen must be taken into account in order to be the perpetrator of the crime.

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