Sexual Offenses and Child Sexual Abuse Lawyer in Antalya, Turkey

Sexual offense investigations are among the most sensitive criminal proceedings under Turkish law. The legal consequences can be serious for everyone involved, while the evidentiary issues often require careful examination of statements, medical findings, digital material, witness evidence and the circumstances in which the alleged event occurred.

Turkish criminal law does not regulate every allegation involving sexual conduct under a single offence. Sexual assault, child sexual abuse, sexual intercourse with a minor and sexual harassment are separate offences with different statutory elements, penalties and procedural consequences.

For this reason, I begin by identifying precisely which provision of the Turkish Criminal Code is alleged to apply. I then examine whether the evidence in the file establishes each legal element of that particular offence.

Attorney Cennet Kesici Çetinbaş
Antalya Bar Association
Last updated: 30 August 2026
Legal review: Attorney Cennet Kesici Çetinbaş

Quick Answer: How Are Sexual Offenses Treated in Turkey?

Sexual offenses against sexual inviolability are regulated primarily under Articles 102 to 105 of the Turkish Criminal Code.

• Article 102: sexual assault,
• Article 103: sexual abuse of children,
• Article 104: sexual intercourse with a minor, and
• Article 105: sexual harassment.

These provisions should not be treated as interchangeable. The age of the person involved, nature of the alleged conduct, whether physical contact occurred, use of force or threat, relationship between the parties and other circumstances can materially change the legal classification.

Complaint requirements also differ according to the offence and the specific subsection relied upon. Whether an investigation depends on a complaint must therefore be checked from the exact statutory provision rather than assumed from the general description of the allegation.

Sexual Offenses Against Sexual Inviolability Under Turkish Law

The Turkish Criminal Code places these offences under the heading of crimes against sexual inviolability. In English-language legal practice, terms such as sexual assault, child sexual abuse and sexual harassment are generally more useful than a literal translation of the chapter title.

A criminal file may initially contain a general allegation but later require a more precise classification after statements and evidence are obtained.

Sexual Assault Under Article 102 of the Turkish Criminal Code

Article 102 regulates sexual assault against adults.

The basic form of the offence concerns violation of another person's bodily integrity through sexual conduct. The statutory imprisonment range for the basic offence is five to ten years. Where the conduct remains at the statutory level commonly translated as molestation, the penalty range is two to five years.

Where the offence is committed by inserting an organ or another object into the body, Article 102 provides for imprisonment of not less than twelve years.

The law also contains aggravating circumstances involving factors such as:

• a victim unable to defend themselves physically or mentally,
• abuse of authority arising from public office, guardianship or a service relationship,
• specified family relationships,
• use of a weapon,
• commission by more than one person, and
• taking advantage of environments where people must live collectively.

The precise subsection matters both for the potential sentence and for procedural questions such as the competent criminal court.

Child Sexual Abuse Under Article 103

Child sexual abuse is regulated separately under Article 103 and carries substantially heavier criminal penalties.

For purposes of this provision, the statute distinguishes between children who have not completed the age of fifteen, children who have completed fifteen but whose ability to understand the legal meaning and consequences of the conduct has not developed, and other children where force, threat, deception or another factor affecting their will is involved.

The basic form of child sexual abuse is punishable by imprisonment from eight to fifteen years. Where the conduct remains at the statutory level of molestation, the range is three to eight years.

Where the victim has not completed twelve years of age, Article 103 establishes higher statutory minimum sentences.

Where child sexual abuse is committed by inserting an organ or another object into the body, the sentence is not less than sixteen years. If the victim has not completed twelve years of age, the statutory minimum is eighteen years.

Aggravated Child Sexual Abuse

Article 103 also contains aggravating circumstances. Depending on the case, these can include commission:

• by more than one person,
• through circumstances arising from places where people must live collectively,
• by specified relatives or an adoptive parent,
• by guardians, teachers, caregivers, foster parents or health professionals,
• by persons responsible for protection, care or supervision, or
• through abuse of influence arising from public office or a service relationship.

Because the age of the child and the precise form of the alleged conduct directly affect legal classification, these details must be established carefully rather than treated as secondary information.

Sexual Intercourse with a Minor Under Article 104

Article 104 is legally distinct from child sexual abuse under Article 103.

Its basic provision concerns sexual intercourse, without force, threat or deception, with a child who has completed fifteen years of age.

The basic form is subject to complaint and carries imprisonment from two to five years.

The statute contains separate and substantially heavier provisions where the offender is a person between whom marriage is legally prohibited or where particular protective or caregiving relationships exist.

Sexual Harassment Under Article 105

Sexual harassment is regulated under Article 105.

The offence concerns sexually motivated harassment and is legally distinct from sexual assault. The basic form is punishable by imprisonment from three months to two years or a judicial fine. Where the conduct is directed against a child, the statutory imprisonment range is six months to three years.

The law also provides increased penalties where the offence is committed by taking advantage of particular relationships or circumstances, including employment, public office, family relationships, caregiving relationships, electronic communications or exhibition.

Messages, social-media communications and other electronic records may therefore become particularly important evidence in some sexual harassment investigations.

How Does a Sexual Offense Investigation Develop in Turkey?

A sexual offense case generally begins with a criminal investigation conducted under the supervision of the public prosecutor.

Depending on the allegation, the investigation may include:

• complainant or victim statements,
• suspect statements,
• witness statements,
• medical or forensic examinations,
• hospital records,
• forensic reports,
• telephone and message records,
• social-media communications,
• CCTV footage,
• location or travel records,
• digital device examinations,
• photographs and other documents, and
• other evidence relating to the circumstances before and after the alleged event.

No single checklist applies to every case. What matters is whether the evidence is legally relevant to the specific elements of the offence alleged.

How Is Evidence Evaluated in Sexual Offense Cases?

Evidence in sexual offense cases requires particularly careful assessment because the alleged events may occur in private and there may be no independent eyewitness.

This does not mean that a criminal court should automatically accept or reject a particular form of evidence.

Depending on the file, I examine issues including:

• consistency and chronology of statements,
• the circumstances in which statements were taken,
• whether the statement changed materially over time,
• medical and forensic findings,
• communications before and after the alleged incident,
• objective digital or location evidence,
• witness accounts,
• the relationship between the parties,
• whether other evidence supports or contradicts particular allegations, and
• whether the evidence was obtained lawfully.

Medical and Forensic Evidence

Medical evidence can be important, but its significance depends on the allegation and timing of the examination.

A medical report should be read for what it actually establishes. The absence or presence of a particular physical finding should not be given a meaning beyond what the medical evidence and circumstances support.

Messages and Digital Communications

WhatsApp messages, SMS records, social-media communications, photographs and other digital data may become relevant.

Questions can arise regarding device ownership, account control, whether messages are complete, their dates and context, whether material has been altered and how the evidence was legally obtained.

How Is a Child Victim's Statement Taken?

Turkish criminal procedure contains special rules intended to reduce unnecessary repeated questioning and protect vulnerable victims.

Under Article 236 of the Code of Criminal Procedure, a child or another victim whose psychology has been affected by the offence may generally be heard once as a witness, subject to situations where another examination is necessary to establish the material truth.

An expert from a relevant professional field must be present when child victims, or other victims psychologically affected by the offence, are heard under the statutory conditions.

Where the prosecutor or judge considers that a child's or victim's statement should be taken in a special environment, or that facing the suspect or defendant would be inappropriate, the statement may be taken through specialists in an appropriate setting.

Can a Suspect Be Detained in a Sexual Offense Case?

Pre-trial detention may arise in serious sexual offense investigations, but detention is a procedural measure rather than a sentence.

The court must assess the statutory requirements under the Code of Criminal Procedure, including the strength of the suspicion, existence of a legally recognised detention ground and proportionality.

The seriousness of the allegation does not eliminate the need for an individualised assessment.

Depending on the file, detention or continued detention may be examined in light of:

• the evidence currently available,
• the specific legal classification alleged,
• whether important evidence has already been collected,
• flight risk,
• risk concerning evidence or witnesses,
• fixed residence and personal circumstances,
• duration of detention,
• proportionality, and
• whether judicial control would be sufficient.

Which Court Hears Sexual Offense Cases in Turkey?

There is no single answer for every sexual offense case.

The competent court depends on the exact offence, subsection and statutory punishment applicable to the alleged conduct.

Serious forms of sexual assault and child sexual abuse can fall within the jurisdiction of the High Criminal Court. You can read more about that court on the High Criminal Court Lawyer in Antalya page.

Other sexual offense prosecutions may fall within the jurisdiction of the Criminal Court of First Instance depending on the charge. For that court structure, see: Criminal Court of First Instance Lawyer in Antalya .

Sexual Offense Cases Involving Foreign Nationals in Antalya

Antalya's international population and tourism activity mean that criminal files may involve foreign complainants, victims, suspects or defendants.

Additional practical issues can include:

• interpreter assistance,
• foreign-language messages and documents,
• persons who have already left Turkey,
• foreign telephone numbers or online accounts,
• international travel records,
• communication with consular authorities, and
• separate immigration consequences for foreign nationals.

Language should not obscure the legal details of the allegation. Statements, court records and important evidence must be understood accurately before a defense or representation strategy is developed.

Sexual Offenses Lawyer in Antalya: How I Review a Case

When reviewing a sexual offense file, I first separate the allegation from the evidence that is said to support it.

I generally examine:

• the exact Turkish Criminal Code provision alleged,
• the age of the persons involved at the relevant time,
• the chronology of events,
• the first and later statements given in the file,
• medical and forensic records,
• digital communications,
• telephone and location evidence where relevant,
• witness statements,
• the relationship between the parties,
• search, seizure or digital-examination procedures where applicable,
• detention or judicial-control decisions,
• the indictment if prosecution has commenced, and
• the procedural stage and available legal remedies.

The objective is not to force every file into the same defense or representation model. The legal strategy should follow the specific allegation, evidence and procedural position of the person concerned.

Representation of Complainants and Victims

A complainant or victim may also require legal representation during a sexual offense investigation or prosecution.

Depending on the circumstances, this can involve monitoring the investigation, submitting relevant evidence and requests, attending procedural stages where permitted, protecting procedural rights and following the prosecution and available legal remedies.

Where a child is involved, the applicable procedural safeguards and the child's welfare require particular attention.

Defense of Suspects and Defendants

For a suspect or defendant, criminal defense may involve examination of the allegation, statements, forensic material, digital evidence, procedural legality, detention measures and whether the prosecution evidence establishes every statutory element of the offence charged.

The presumption of innocence remains fundamental throughout the criminal process.

For additional information about Turkish criminal procedure and other legal topics, you can also review the Legal Guide for Turkey .

Attorney Cennet Kesici Çetinbaş
Antalya Bar Association
Muratpaşa, Antalya, Turkey

Frequently Asked Questions

Official Legal Sources

• Turkish Criminal Code – Law No. 5237 – Articles 102–105 regulate sexual assault, child sexual abuse, sexual intercourse with a minor and sexual harassment.
• Turkish Code of Criminal Procedure – Law No. 5271 – Regulates investigations, defense and victim rights, evidence, statements, detention, hearings and legal remedies.
• Law No. 5235 on the Establishment, Duties and Jurisdiction of Criminal Courts – Relevant to determining whether a prosecution falls within the jurisdiction of the Criminal Court of First Instance or High Criminal Court.