Abstract:

The crime of sexual harassment is described in Article 105 of the Turkish Penal Code. Sexual harassment is defined as sexual disturbance by any kind of action that does not violate the integrity of the body. In Article 421 of former penal code, within the acts of making an improper innuendo and molestation, while throwing out an innuendo was considered to be sexual harassment, actions that were called molestation were only considered to be sexual harassment when the action is accomplished without body contact. When the basis for, and text of, Article 105 is considered, actions constituting sexual harassment must have the following key elements: the action should be performed with sexual purpose, should violate moral pureness in a sexual manner, should not be in contact with the victim’s body, should have been committed against the victim’s will and should have disturbed the victim. In this article, the crime of sexual abuse is evaluated from every aspect by reviewing decisions of the High Court of Appeals, the context of available resources and different opinions in academic doctrine

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