Sexual harassment is regulated by Article 105 of the Turkish Penal Code among offences against sexual inviolability. Assessment requires consideration of the context of words, messages or conduct, whether they were directed at the complainant, whether they pursued a sexual purpose and whether bodily contact occurred. Not every disturbing act automatically amounts to sexual harassment, while the absence of physical contact does not make conduct legally irrelevant.
Elements of Sexual Harassment
Sexual purpose and conduct directed at a person
Article 105 requires harassment of another person for a sexual purpose. The wording, relationship between the parties, timing, repetition and the communication as a whole may therefore matter. The conduct must be directed at an identified or identifiable person and have a sexual purpose. Depending on the case, spoken or written words, images, gestures and digital communications may be assessed.
The boundary of bodily contact
Sexual harassment generally covers sexual conduct without bodily contact. Where contact occurs, classification under Article 102 on sexual assault or, for a child complainant, Article 103 on sexual abuse of children may arise. Classification nevertheless depends on all the circumstances rather than a single assumption about contact.
Ways the Offence May Be Committed
Words, messages and social media
Conduct may take place face to face or through calls, text messages, email, social media, images and online platforms. Exploiting the convenience provided by postal or electronic communications is a qualified form under Article 105(2) and results in an increased sentence.
Is repetition required?
Article 105 does not require repetition as a statutory element. A single act may suffice depending on its content, target and context. Repetition may nevertheless be relevant when assessing meaning, evidence and the relationship with other offences.
Penalty for Sexual Harassment
Basic penalty and offences against children
For the basic offence against an adult, Article 105(1) provides, upon the complainant’s complaint, imprisonment from three months to two years or a judicial fine. If committed against a child, the sentence is imprisonment from six months to three years. The final sentence depends on statutory individualisation criteria and the facts of the case.
Qualified forms increasing the sentence
The sentence is increased by half where the offence is committed by exploiting public duty, a service relationship or an intra-family relationship; by a guardian, educator, teacher, caregiver, foster family member, healthcare provider or person under a duty of protection, care or supervision; through the convenience of working at the same workplace; through postal or electronic communications; or by exhibition.
If the complainant had to leave work, school or family because of the conduct, the sentence cannot be less than one year. A causal connection between the harassment and that consequence must be assessed.
Complaint, Reconciliation and Prepayment
Complaint period
The basic form against an adult is expressly complaint-dependent. Under Article 73, the right must be exercised within six months from learning both the act and the perpetrator. A complaint may be submitted to the public prosecutor or law-enforcement authorities in writing or orally for the record. Cases involving a child or a qualified form require a separate assessment of the procedural condition; one complaint rule should not be applied mechanically to every case.
Are reconciliation and prepayment available?
Article 253(3) of the Code of Criminal Procedure excludes offences against sexual inviolability from reconciliation even when complaint-dependent. Sexual harassment is therefore not subject to reconciliation. The maximum imprisonment terms in Article 105 also exceed the general threshold in Article 75 for prepayment.
Evidence and Digital Records
Criminal proceedings do not depend on a single mandatory type of proof. Messages, emails, call records, social media communications, images, witness accounts, camera footage, workplace records and party statements may be assessed together. Relevance, integrity, lawful acquisition and consistency with other evidence matter.
Where digital communications are involved, preserving the entire conversation, username, profile link, date and time data and the original record on the device is useful. Deleting messages, closing accounts or changing devices may hinder examination. Unauthorised access to another account or unlawfully obtained recordings may create separate legal issues.
Complaint and Trial Process
The application should identify the date, place, communication channel, parties and possible witnesses as concretely as possible, while originals are preserved. The prosecutor investigates the suspicion and may seek device examination, account or communication information and witness evidence. If an indictment is issued, the court examines lawfully obtained evidence at trial.
Classification may change depending on the complainant’s age, bodily contact, the parties’ relationship, the communication method and the consequences. Early case-specific legal assessment is therefore important for both complainants and suspects.
Frequently Asked Questions
Can one message amount to sexual harassment?
Yes. Repetition is not a statutory element. The court nevertheless examines sexual purpose, the target and the communication as a whole; not every disturbing message automatically falls within Article 105.
Is the penalty increased for workplace harassment?
The sentence may be increased by half where the convenience of working at the same workplace or a service relationship is exploited. The same conduct may also have separate consequences under employment law and the employer’s protective duties.
What should be done before deleting messages?
Preserve the full conversation, account details, dates and times. Retaining the original record on the device, rather than relying only on screenshots, may facilitate technical examination. Evidence should be preserved lawfully.
Official Sources
Turkish Penal Code No. 5237: Articles 73, 75, 102, 103 and 105. Current Ministry of Justice texts: https://alternatifcozumler.adalet.gov.tr/Home/BilgiBankasiDetay/Kanunlar
Code of Criminal Procedure No. 5271: Articles 158 and 253. Current Ministry of Justice texts: https://alternatifcozumler.adalet.gov.tr/Home/BilgiBankasiDetay/Kanunlar
This article provides general legal information. Classification, procedural conditions and sanctions may change according to the specific facts.