Esas No: 2014/1665
Karar No: 2016/656
Karar Tarihi: 25.01.2016
Çocuğun basit cinsel istismarı - Yargıtay 14. Ceza Dairesi 2014/1665 Esas 2016/656 Karar Sayılı İlamı
Özet:
An Asliye Ceza Mahkemesi has convicted the defendant of “simple sexual abuse of a child” after lifting the skirt of the victim. However, the first instance court made a mistake in the description of the offense and didn't recognize it as sexual harassment. After the appeal, the decision has been overturned, and the case was reviewed regarding the legislation brought by the 6545 law numbered in the Official Gazette on 28.06.2014, which made changes related to sexual offenses. The 5237 Turkish Penal Code article 105 describes the offense as sexual harassment, and the defendant should be punished accordingly. Additionally, an Anayasa Mahkemesi ruling on 08.10.2015 resulted in the partial cancellation of article 53, section (a) of the 5237 Turkish Penal Code, and this should be taken into account when reevaluating the case. Therefore, the previous verdict was overturned and the case sent back for a retrial. The 5237 Turkish Penal Code article 105 describes the offense as sexual harassment, and article 53, section (a) was partially cancelled by the Anayasa Mahkemesi ruling on 08.10.2015.
