Gender Equality MARCH 2020 Gender Equality | Page 8

against women. Basic amendments which were introduced in the New Turkish Criminal Code are as
follows; • “Discrimination between woman and girl” has been abolished.
• Sexual crimes against women have been altered from crimes against society into crimes against
individuals.
• The definition of sexual assault has been made and the basic form of it has been determined.
• Sexual harassment at the work place has been embodied and the qualified conditions of the crime
have been determined. Also when the crime is being committed by misusing of hierarchical power
or power arising from service relations or by making use of the easiness of working in the same
place, then the respective penalties have been raised.
• The active penitence situations that necessitate delay of the trial or the penalty have been
arranged and with this arrangement the clause that says if one of the sentenced person or accused
person marry to abducted or detained victim; decline, delay or delete of penalties cannot be
realized has been put forward.
• “Custom killings” are categorized under the qualifications of voluntary manslaughter and the
provision has come into effect stating that perpetrators of custom killings will be punished with the
heaviest punishment.
• Unfair provocation clause has been regulated and according to this clause it has been accepted
that unfair provocation can be existed only as a result of implementing an unfair act. In this respect,
the murderer (relatives or family member of the victim) of the women victim of sexual harassment
on the grounds of honor cannot benefit from the unfair provocation reduction concerning respective
penalty and it is also mentioned that every unfair action can not cause unfair provocation.
• If women victim falls pregnant as a result of a crime committed to her, professional doctor(s) who
finishes the pregnancy in the hospital cannot be punished in the condition that pregnancy period is
not exceeding 20 weeks and if it happened upon the consent of the woman.
• Qualified situations of sexual harassment have been arranged and it has been brought that in the
condition of damaging the physical or mental health of the victim by manipulating sexual
harassment the punishment will be a heavier one.
• It is stated in the clause giving place to the sexual harassment that committing sexual harassment
crime by misusing of penetration provided by public service or service relations has formed the
qualified conditions of the crime which necessitate heavier penalty.
• The crime of malicious injury is also regulated in case this crime is committed against an ascendant
or descendant or committed against the spouse or brother/sister, it is recognized as the qualified
crime.
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