Turkey – Sexual Conduct Law
Criminal provisions, penalties, cultural context, and history
📜 Penalties at a Glance – Turkey
| Offence | Minimum | Maximum |
|---|---|---|
| Rape (Art. 102) | 7 years | Life imprisonment |
| Sexual Abuse of Minor (Art. 103) | 8 years | Life imprisonment |
| Sexual Intercourse with Minor (15–18, Art. 104) | 2 years | 5 years |
| Sexual Harassment (Art. 105) | Fine | 3 years |
| Sex Work – outside licensed brothel | Fine | 3 years |
| Public Indecency | Fine | 2 years |
Overview
Turkey’s sexual conduct laws are primarily codified in the Turkish Penal Code (Law No. 5237). They emphasise protection of minors, regulation of sexual violence, and strict state control over sex work. The legal system blends secular codes with conservative social values.
Age of Consent
The age of consent in Turkey is 18 years. Sexual acts with children under 15 are always considered sexual abuse and punished severely. Consensual relations with 15–18 year olds may still bring prosecution if parents complain or the prosecutor deems harm occurred.
Key Provisions & Punishments
- Rape (Art. 102): Minimum 7 years; life possible in aggravated cases.
- Sexual Abuse of Minors (Art. 103): Minimum 8 years, life if continuous or aggravated.
- Consensual Sex with 15–18 (Art. 104): Punishable up to 5 years.
- Sexual Harassment (Art. 105): Fine or up to 3 years.
- Sex Work: Only legal in state-licensed brothels; street prostitution, escort services, and unlicensed operations are criminal offences.
- Same-Sex Acts: Never criminalised in modern Turkey, but public morality provisions are often used against LGBTQ+ people.
Historic Punishments
In the Ottoman Empire, adultery and homosexuality could carry death by stoning or execution under Islamic law. However, in 1858, the Ottoman Penal Code decriminalised homosexuality, making the empire one of the first in the region to do so. Today, Turkey retains secular criminal law, but social disapproval and vigilante violence still occur.
Tourist Mistakes
- Assuming age of consent is 16 like Europe — in Turkey it is 18.
- Hiring sex workers outside licensed brothels (street solicitation is illegal).
- Engaging in public displays of affection in conservative towns — can lead to indecency charges.
- Assuming homosexuality is socially accepted — legal, but harassment is common.
References
Turkish Penal Code (Law No. 5237), Arts. 102–105.
Cinar, Y. (2018). Sexual offences under Turkish law. Ankara Law Review.
ILGA-Europe. (2023). LGBT rights in Turkey.
Peirce, L. (1993). The Imperial Harem: Women and Sovereignty in the Ottoman Empire. Oxford University Press.