How to File a Criminal Case for Sexual Harassment? Legal Process
As Özkök Law Firm, we provide legal support to victims on sensitive issues such as sexual harassment. In this blog post, you will find detailed and understandable information about the process of filing a criminal case for sexual harassment.
What is the Crime of Sexual Harassment?
According to the Turkish Penal Code, harassing someone for sexual purposes constitutes the crime of sexual harassment. This crime can also be committed through verbal or behavioral actions without requiring physical contact.
The Process of Filing a Criminal Case
In order to file a criminal case for sexual harassment, it is necessary to follow the following steps:
1. Complaint
• Application to the Prosecutor’s Office: The victim or his/her attorney files a complaint with the nearest public prosecutor’s office. The complaint should state how the incident occurred, the identity of the perpetrator and other evidence as much as possible.
• Complaint Period: The complaint period for sexual harassment is 6 months. This period starts from the date the crime is learned.
2. Investigation
• Collection of Evidence: The prosecutor’s office initiates an investigation upon the complaint. During this process, the victim’s statement is taken, an investigation is conducted at the scene, witness statements are taken and other evidence is collected.
• Health Report: A health report is obtained from the forensic medicine institution to obtain information about the victim’s health condition.
3. Prosecution
• Decision to File a Case: At the end of the investigation, the prosecutor decides to file a case if sufficient evidence is found.
• Court Process: The case is heard in the criminal court. In court, the parties present their evidence and make their defenses. The court makes its decision based on the evidence collected.
Penalties for the Crime of Sexual Harassment
The penalty for the crime of sexual harassment varies depending on the nature of the act, the perpetrator’s past and other factors, but is usually a prison sentence or a judicial fine. The penalty may be more severe if the crime is committed against a child.
Rights of the Victim in the Crime of Sexual Harassment
• Right to a Lawyer: The victim may hire a lawyer to defend him/herself.
• Right to Privacy: The identity of the victim and the privacy of his/her private life are protected.
• Right to Material and Non-Pecuniary Compensation: The victim may request material and non-pecuniary compensation from the perpetrator in return for the damages they have suffered.
Important Notes
• Importance of Evidence: Collecting evidence is very important in sexual harassment crimes. Victims must keep all kinds of evidence to document the incident they experienced.
• Expert Support: People who have been sexually harassed should receive psychological support.
• Legal Aid: Victims who are financially weak can receive legal assistance from the Ministry of Justice.
Sexual harassment is an unacceptable crime and the rights of victims must be protected. If you or someone in your circle has been sexually harassed, please do not hesitate to contact a lawyer.
As Özkök Law Firm, we would be happy to provide you with legal support on this matter.
Note: This article is for general information purposes and does not constitute legal advice. Since each incident has its own characteristics, it is important to consult a lawyer for detailed information.