Sexual Intercourse with a Minor

This offense is regulated under Article 104 of the Turkish Penal Code. This article covers the definitions, penalties, and aggravated circumstances associated with sexual intercourse with a minor.

Anyone who engages in sexual intercourse with a minor over the age of fifteen, without force, threat, or deception, is subject to imprisonment from two to five years, based on the victim’s complaint.

If the offense is committed by a person who is prohibited from marrying the victim, the offender shall be sentenced to ten to fifteen years in prison, regardless of whether a complaint is filed.

If the offense is committed by someone who has taken care of the child before adoption or as part of a foster family relationship, the offender is punished under the second paragraph, regardless of the victim's complaint.

According to Article 129 of the Turkish Civil Code, individuals who are prohibited from marrying each other are:

• Ascendants and descendants; siblings, uncles, aunts, and cousins.
• In-laws, even if the marriage that created this relationship has ended, including one spouse and the other’s ascendant or descendant.
• Adoptive parents and adopted children, or either of their descendants or spouses.

The victim must be underage for both paragraphs to apply.

Even if marriage occurs between the perpetrator and the victim after the sexual intercourse, this does not prevent prosecution or punishment of the perpetrator.

The victim's previous sexual relations with another person do not prevent the offense from being established.

If the victim’s age is disputed, or there is inconsistency between the birth record and the victim’s physical appearance, a birth certificate should be provided, and the individual’s age must be scientifically determined through medical examination.

This offense can only be committed intentionally. Intent must be directed both toward the sexual act and the victim's age, comprehension ability, and consent.