مرکز منطقه ای اطلاع رساني علوم و فناوري - A study of sexual harassment crime in French and Turkish Penal Codes according to principle of legality

Abstract :

French Conseil Constitutionnel (Constitutional Committee) held that the provision previously included in the Criminal Code (at Article 222-33) was void on the grounds that it was insufficiently precise and therefore unconstitutional on 4 May 2012 (Conseil Constitutionnel, May 4, 2012, n°2012-240). The new law re-establishes former article 222-33 of the Criminal Code and defines sexual harassment more precisely as two offences: “The criminal offence of sexual harassment by repeated words or actions of a sexual nature” and “The criminal offence of sexual harassment by sexual blackmail”. The crime of sexual harassment is described in Article 105 of the Turkish Penal Code. Article 105 is considered, actions constituting sexual harassment must have the following key elements: The action should be performed with sexual purpose, should violate moral pureness in a sexual manner, should not be in contact with the victim’s body, should have been committed against the victim’s will and should have disturbed the victim.