Türk Ceza Hukukunda Sarkıntılık Suçu

Abstract

Although people are obliged to live in society and to be in contact with other individuals physically or verbally because they are social beings, there is an area of freedom that has its own limits and cannot accept any interference from the outside.

In this study, explanations about the areas of sexual freedom from the areas of freedom of the people were made in detail. Legal importance has been given to the protection of this area, which people create their own borders and which also contains some emotions, and the areas of freedom have been protected by many national and international documents. The first of these documents is the Constitution of the Republic of Turkey. When we look at the legal regulations in the domestic law, it is seen that sexual immunity and sexual freedoms are comprehensively protected with the Turkish Penal Code and various provisions under the title of crimes against sexual immunity.

Offenses against sexual immunity, which are ruled by the Turkish Penal Code, are among the common crimes in society. With the commission of these crimes, personal freedoms are damaged, as well as the relationships of trust in social life. In our law, regulations have been made regarding these crimes, taking into account the age of the perpetrator and the victim, social environment, external factors and many other factors that may affect the punishment. Within the scope of the study, first of all, basic explanations were made about the crimes that violate sexual freedom, and the historical development of these crimes in our law was mentioned. Subsequently, since the subject of the thesis study is the act of molestation, especially based on the crimes of sexual assault and sexual abuse, an explanation has been made in the light of the Supreme Court decisions and the views in the doctrine regarding the act of molestation, which requires less punishment. In addition, it is a fact that there is confusion about which acts will be considered within this scope, since the act of molestation is not defined in our law and is not regulated as a separate crime. For this reason, it is mentioned that by making a separate regulation regarding the act of molestation in our law, both this confusion can be eliminated and its deterrence will increase in terms of criminal law.