Mesajı Okuyun
Old 21-05-2010, 18:24   #69
multipack

 
Varsayılan

ARTICLE 102 - Sexual Assault
1) Any person who violates the physical integrity of another person, by means of sexual conduct, shall be sentenced to a penalty of imprisonment for a term of two to seven years, upon the complaint of the victim.
2) Where the act is committed by means of inserting an organ or other object into the body, the offender shall be sentenced to a penalty of imprisonment for a term of seven to twelve years. If the act is committed against the offender's spouse, conducting an investigation and prosecution shal be subject to a complaint by the victim.
3) Where the offence is committed
a) against a person who is physically or mentally incapable of defending themselves,
b) by misusing the influence derived from a position in public office or a private working relationship,
c) againt a person of first, second or third degree blood relationship or a relative by marraiage; or
d) by using weapons or together with the cooperation of more than one person,
the penalties imposed in accordance with sections above shall be increased by half.
4) Where greater force than is necessary to suppress the resistance of the victim is used during the commission of the offence, the offender shall also be sentenced to a penalty for intentional injury in addition.
5) Where the offence results in the impairment of the physical or mental health of the victim, the offender shall be sentenced to a penalty of imprisonment for a term of not less than ten years.
6) Where, as a result of the offence, the victim enters a vegetative state or dies, a penalty of aggravated life imprisonment shall be imposed.

ARTICLE 103 - Sexual Abuse of Children
1) Any person who sexually abuses a minor shall be sentenced to a penalty of imprisonment for a term of three to eight years. Sexual abuse means
a) any act of a sexual nature against a minor who has not completed fifteen years of age or, though having completed fifteen years, lacks the competence to understand the meaning and consequences of such acts
b) sexual acts conducted against any other minor with the use of force, threat, deception or any other method which affects the willingness of the child
2) Where the sexual abuse occurs as a result of the insertion of an organ or a similar object into the body, a penalty of imprisonment for a term of eight to fifteen years shall be imposed.
3) Where the sexual assault is committed by the direct ascendant, second or third degree blood relative, step father, the adoptive parent, guardian, tutor, teacher, carer, other persons in charge of providing health services or who bears the obligation for protection or supervision, or through abuse of the invluence derived from a working relationship or is committed together by more than one person; the penalty to be imposed in accordance with the above sections shall be increased by half.
4) Where the sexual assault is committed against a minor described in section one (a) by force or threat, the penalty to be imposed in accordance with the above sections shall be increased by half.
5) Where any force or violence, used with the aim of sexual assault leads to any aggravated injury on account of its consequences, the provisions of that offence shall apply in addition.
6) Where the offence results in the impairment of the physical or mental health of the victim, a penalty of imprisoment for a term of not less than fifteen years shall be imposed.
7) Where the offence leads the victim to enter a vegetative state or die, a penalty of aggravated life imprisonment shall be imposed.

ARTICLE 104 - Sexual Intercourse With Those Who Have Not Achieved Adulthood
1) Any person who enters; without any force, threat or deceit; into sexual intercourse with a minor who has completed fifteen years of age shall be sentenced to a penalty of imprisonment for a term of six months to two years, upon complaint.
2) (Annulled with the judgment of the Constitutional Court E.2005/103, K.2005/89 and Date 23.11.2005)

ARTICLE 105 - Sexual Harassment
1) Any person who sexually harasses another person, shall be sentenced to a penalty of imprisonment of three months to two years or a judicial fine upon complaint of the victim.
2) Where these acts are committed by misusing the influence derived from a hierarchical, service, educational/training or familial relationship or where such acts are committed by taking advantage of working at the same workplace, the penalty to be imposed under the above section shall be increased by one half. Where the victim has had to leave his employment or school or separate from his family, the penalty to be imposed shall not be less than one year.