Türk Ceza Kanunu'nda Cinsel Taciz Suçu (TCK105)

Abstract

The crime of sexual harassment is regulated by Article 105 of the Turkish Penal Code No. 5237 and has undergone many amendments by the legislator in our relevant laws. These amendments have been made in terms of the definition, qualifications and sanctions of the crime of sexual harassment. Before crimes are made the subject of legal regulations, they must meet a need in societies. Investigating the reasons for the regulations that transform a behavior into a crime and ultimately impose a sanction on this behavior will provide a different perspective in terms of revealing the cause and effect relationship. While examining the relevant crime, the subject of this thesis, beyond the transfer of the codification policies that include normative and positive legal regulations, how human and sex relations were realized in certain historical periods has been discussed. Considering that the crime of sexual harassment is examined in two parts, in the first part, the aspects of human relations and in particular the relationship between men and women in the period from Sumerians to today's modern society are discussed, while in the second part, the formation of legal regulations reflected in Turkish Law in terms of the crime of sexual harassment and how it has taken its current form are examined. In these examinations, the conditions of each period and the thought structure attributed to this human relationship are in the background and how the practices related to this have been enacted both in the old laws and in the decisions of the Court of Cassation are discussed.