| Popis: |
The person’s consent to the offensive act made (committed) against shall eliminates the illegality of the act committed, provided that the conditions in the law are met. In this respect, provision for the victim’s consent regulated in article 26/2 of the Turkish Penal Code is a common (Justification) cause of compliance with the law. In terms of sexual assault, victim’s consent for the sexual behavior eliminates the existence of crime (actus reus) elements in aspect of the crimes related to child’s sexual abuse. In this respect, the consent given to sexual behavior and the consent of a victim as justification are differed from each other. Crimes against Sexual Freedom are witnessed rarely and there is a problem of proof. Defense made by the perpetrators is generally indicating that the victim had consent for such action. Therefore, the issue of victim’s consent is essential for crimes against Sexual Freedom. |
