Abstract:

The crime of sexual harassment is regulated in article 105 of Turkish Penal Code number 5237 (TCK). If a person is subject to sexual harassment by another, this act is defined as the crime of sexual harassment according to this article. Nevertheless what should we understand about “sexual harassment”? At first this situation must be enlightened. In this study, substance, matter of fact, offender, victim, elements, forms of appearance, qualified forms, penal and criminal procedure of article 105 are examined through mentioning the legal form of the regulation, legal basis of this article, the date of entry into force and undergone changes until today in this article. In this context, the similarities and differences between the crime of molestation in article 421, which was regulated in Turkish Penal Code number 765 (ETCK), and article 105 of TCK were determined. In addition, the opinions expressed in the doctrine regarding this article, databases accessible via the Internet, the decisions of the Court of Cassation were included in this study in a systematic manner as possible. The problems and controversial issues about this crime and also suggestions and complaints that included how these problems should be resolved were mentioned

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