In short
Sexual offences are set out in the Turkish Penal Code under offences against sexual inviolability. Aggravated sexual assault and sexual abuse of a child are heard by the assize court. In these cases the assessment of testimonial evidence and the forensic reports are decisive.
What are the elements and sentence for sexual assault?
Sexual assault is the violation of a person’s bodily integrity by sexual conduct. The basic form carries five to ten years’ imprisonment. Where the conduct remains at the level of molestation the sentence is two to five years, and the offence becomes one prosecuted on complaint.
Where the offence is committed by inserting an organ or another object into the body, the sentence is not less than twelve years and the case falls within the jurisdiction of the assize court. Where the offence is committed against a spouse, investigation and prosecution depend on the victim’s complaint.
The law also provides for the sentence to be increased by one half in certain cases, including where the offence is committed against a person unable to defend themselves, by abusing the influence of a public duty or an employment relationship, against a relative within the third degree, with a weapon, or by several persons acting together.
| Offence | Provision | Sentence |
|---|---|---|
| Sexual assault | Art. 102/1 | Five to ten years |
| Conduct remaining at the level of molestation | Art. 102/1 | Two to five years — on complaint |
| Insertion of an organ or object | Art. 102/2 | Not less than twelve years |
| Sexual abuse of a child | Art. 103/1 | Eight to fifteen years |
| Insertion of an organ or object against a child | Art. 103/2 | Not less than sixteen years |
| Sexual intercourse with a minor | Art. 104 | On complaint — fixed-term imprisonment |
| Sexual harassment | Art. 105 | On complaint — fixed-term imprisonment |
How are age groups treated in child abuse cases?
The law distinguishes two groups. Any sexual conduct towards a child who has not completed the age of fifteen, or who has completed it but lacks the capacity to understand the legal meaning and consequences of the act, constitutes abuse; consent has no legal effect in this group.
For children who have completed the age of fifteen and have that capacity, abuse arises only where the conduct involves force, threat, deceit or another factor affecting the will. Where the relationship is consensual, the separate offence of sexual intercourse with a minor arises, and that offence is prosecuted on complaint.
Where the victim has not completed the age of twelve, the law treats this as a separate aggravating circumstance that raises the minimum sentence. Age is established from the civil registry; where the registry conflicts with the apparent position, a bone age assessment is obtained.
Can testimony alone support a conviction?
Sexual offences are often committed without witnesses and without leaving physical traces, which gives testimonial evidence particular weight. That evidence is not, however, accepted without scrutiny. In the settled case law of the Court of Cassation, testimony must satisfy specific qualities before it can found a judgment.
The qualities required are that the account be consistent from the start of the investigation to the end of the trial, free of internal contradiction and of conflict with the other evidence, and compatible with the ordinary course of events. Whether there is any hostility that might explain a false accusation is examined separately.
For the defence these criteria are concrete lines of enquiry: differences between the first complaint and later accounts, the timing of the report and whether any delay has a reasonable explanation, the prior relationship between the parties, and any financial claims reflected in the file.
Points examined when assessing testimony
- Consistency of the account throughout the proceedings
- Compatibility with physical evidence and witness accounts
- Timing of the report and the explanation for any delay
- Pre-existing hostility or financial interest between the parties
- Content of the forensic medical examination reports
- Objective data such as messages, call records and camera footage
- For child victims, the forensic interview recording and expert report
How are these cases tried?
Aggravated sexual assault and sexual abuse of a child are heard by the assize court. Defence counsel is mandatory, and where the victim is a child a representative is also appointed for the victim.
Special procedural rules protect the victim: the hearing may be held in camera, child victims are interviewed in dedicated forensic interview rooms in the presence of an expert and as a rule only once, and confrontation between the parties is avoided.
For offences prosecuted on complaint, the complaint must be made within six months of learning of the act and the perpetrator. That period is a limitation period: once it expires no investigation can be conducted. For other offences the investigation proceeds of the authorities’ own motion, and withdrawal of a complaint does not end the case.
Frequently asked questions
What is the sentence for sexual assault in Turkey?
Five to ten years in the basic form. Where the conduct remains at the level of molestation the sentence is two to five years and the offence is prosecuted on complaint. Where an organ or object is inserted into the body, the sentence is not less than twelve years.
What is the complaint period for sexual offences?
For offences prosecuted on complaint, six months from learning of the act and the perpetrator. The period is a limitation period. Offences not dependent on complaint are investigated of the authorities’ own motion and withdrawal does not end the proceedings.
Can a conviction rest on the complainant’s account alone?
The account is assessed rather than simply accepted. It must be consistent throughout, free of internal contradiction and of conflict with other evidence, compatible with the ordinary course of events, and unexplained by hostility. Where those conditions are not met it cannot found a conviction on its own.
Is a consensual relationship with a person over fifteen an offence?
Where the child has completed the age of fifteen and has the capacity to understand the act, and there is no force, threat or deceit, the conduct constitutes the separate offence of sexual intercourse with a minor rather than child abuse. That offence is prosecuted on complaint.
Does the absence of physical findings end the case?
No. The absence of physical findings does not by itself show that the act did not occur, since much sexual conduct leaves no trace. Equally, the presence of findings does not by itself identify the perpetrator. The report is assessed together with the other evidence.
Relevant legislation
- Turkish Penal Code No. 5237 (arts. 6, 31, 32, 102-105)
- Criminal Procedure Code No. 5271 (arts. 52, 62, 182, 236, 253)
- Child Protection Law No. 5395
- Law No. 6284 on the Protection of the Family and Prevention of Violence against Women
Legal notice
The information on this page is general in nature and is provided for informational purposes only. It does not constitute legal advice and cannot replace an assessment of your specific circumstances. Legislation and case law may change over time.
This page was prepared by Erol Deli, Attorney at Law. · Last updated: August 21, 2026
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