Legal experts warn: Saying 'I love you' can be considered harassment

Issues and proposed solutions regarding sexual crimes in criminal law were discussed at a panel held at Altınbaş University.

The university's criminal law expert academics, Prof. Dr. Hasan Sınar and Dr. Yeşim Yılmaz, provided information on recent legal regulations. Noting that penalties in Turkish Criminal Law are actually severe, the legal experts pointed out that the problem stems from the execution system. Prof. Dr. Hasan Sınar stated that sexual crimes are a problem with extremely severe and significant repercussions.

He noted that with a positive development in 2005, non-consensual sexual intercourse within marriage was accepted as a crime. He also said that serious, heavy sanctions were introduced following the 2014 amendment regarding crimes against sexual immunity. He stated that recently, cases of sexual harassment have also been occurring via DM, which young people are familiar with through social media. "Saying 'I love you, you are very beautiful, I like you very much' can also be considered sexual harassment if it takes on a persistent or intrusive nature. The criterion here is that the act must have a sexual purpose and cause sexual discomfort to the person. A meticulous investigation is required. Otherwise, it could lead to very unjust results," he said.

Dr. Yeşim Yılmaz also explained that "stalking" is now accepted as a crime in the Turkish Penal Code. "Therefore, if a flirtatious attempt or a request for friendship reaches a level that persistently disturbs the person and creates a sense of unease, the crime of stalking will be established. But what is important in terms of sexual harassment is whether it carries a sexual purpose," she said, emphasizing an important point.

WHAT ARE THE CRITERIA OF THE COURT OF CASSATION?

Dr. Yeşim Yılmaz also touched upon the criteria the Court of Cassation (Yargıtay) uses to distinguish the crime of sexual harassment. "First of all, whether there is consent, whether the attempt is persistent, and whether it is rude or intrusive are important. Is there an emotional relationship between the parties? It reaches a conclusion by evaluating whether there is a legal or moral obstacle. For example, if one of the parties is married and expresses feelings or pays a compliment to someone, it decides that the crime of sexual harassment has been committed. Because it states that there is a moral obstacle between the parties, namely the marital relationship," she said.

"THE VICTIM'S STATEMENT IS ESSENTIAL. IT ENABLES THE INVESTIGATION TO BE INITIATED"

Stating that the victim's statement is accepted as essential in sexual crimes due to international obligations, Yeşim Yılmaz made the assessment, "This statement enables the investigation to be initiated. For a judge to make a conscientious decision for conviction, there must be no doubt. Doubt works in the defendant's favor."

"PHYSICAL EVIDENCE IS IMPORTANT, DO NOT SHOWER"

Hasan Sınar noted that for this reason, physical evidence is very important from a legal perspective. He reminded that sexual assault incidents often take place behind closed doors without witnesses. He emphasized that for the crime to be proven beyond a reasonable doubt, the victim must undergo a medical examination within 24 hours. "In fact, evidence should be collected within the first 4 to 6 hours. If a shower has been taken, the evidence is lost," he warned. Yeşim Yılmaz also referred to the sociological and psychological dimensions of the issue, emphasizing that the person feels contaminated and has a need to be cleansed as soon as possible. She stressed the importance of raising awareness in society on this issue.

"PENALTIES ARE SEVERE BUT THE EXECUTION LAW DOES NOT ENFORCE THEM"

The legal experts stated that there is a perception of impunity in society regarding sexual crimes and a lack of trust in the justice system. Hasan Sınar mentioned what is described as a disguised amnesty, where individuals avoid entering the penal institution or remain free from any supervision while serving their sentences in the community.