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Sexual Assaults

Sexual Assaults. Legal Arrangements. Crimes about violation of s exual impunity Sexual assault (102) Sexual abuse of children (103) S exual intercourse with underages (104)

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Sexual Assaults

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  1. Sexual Assaults

  2. Legal Arrangements • Crimes about violation of sexual impunity • Sexual assault (102) • Sexual abuse of children (103) • Sexual intercourse with underages (104) • Sexual harassment (105) • Sexual crimes about morals • Sex in public and exhibitionism (225) • Obscenity (226) • Prostitution (227) • Sexual crimes about family • Marriage more than one, trickish marriage, spiritual ceremony (230)

  3. Sexual Assault (102) • This item is about sexual behaviors against adults. • According to this item, to qualify sexual behaviors as a crime, they must be performed; • contrary to the person’s consent, • involuntary of the person (compulsion - force, threats, by fraud, taking advantage of loss of consciousness or confusion)

  4. Simple Sexual behaviors which are for the purpose of satisfying sexual desires. They are sexual assaults except sexual intercourse. For the formation of this crime, it is sufficient that sexual behaviors are carnal nature, sexual desires do not have to be satisfied. Crime can be processedagainst both sexes. The investigation and prosecution, depending on the victim's complaint. Featured Sexual assault that are realizated by inserting organs and/or other things to the body. For the formation of this crime, it is not essential that sexual behaviors must be done for the purpose of sexual desires. Crime can be processedagainst both sexes. (+spouse) The investigation and prosecution, depending on the victim's complaint. Sexual Assault (102)

  5. Sexual Assault (102) Aggravating Reasons If a sexual assault is performed a) To a person who can not protect him/herself physically and mentally, b) By abusing thepublic duty or a servicerelationship, c) To a relative or kin (including 3th degree), d) With a gun / more than one person, penalties are increased by half proportion.

  6. Aggravating Reasons Sexual Assault (102) • If a victim of a sexual assault gets injury, offencer is also punished because of crime of intentional injury. • If a victim's physical / mental health goes down, offencer will be punished by imprisonment for not less than 10 years. • If a victim enters into a vegetative state / event of the death, offencer will be sentenced to aggravated life imprisonment.

  7. Sexual abuse of children (103) • Have not completed the age of 15 / • Over the age of 15butnot developed the ability of perceive about the legal meaning and consequences of the act, • Over the age of 15, developed the ability of perceive about the legal meaning and consequences of the act, if the sexual behaviors are done with threats, deception or under the other reasons affecting self control, aredefined as a sexual abuse.

  8. Aggravating Reasons (103); • Ancestors (mother, father), • 2 / 3 degrees relatives, • step-father/mother, • adoptive parent, • guardian, • instructor, teacher, • people who provide health care / have protection and burveillance obligation, • by abusing service relationship, • if performed together by more than one person, the penalty shall be increased by half .

  9. Aggravating reasons (103): • Have not completed the age of 15 / Over the age of 15butnot developed the ability of perceive about the legal meaning and consequences of the act, if the sexual behaviors are done with threats, deception or under the other reasons affecting self control,the penalty shall be increased by half. • If a victim of a sexual assault gets injury, offencer is also punished because of crime of intentional injury. • If a victim's physical / mental health goes down, offencer will be punished by imprisonment for not less than 15 years. • If a victim enters into a vegetative state / event of the death, offencer will be sentenced to aggravated life imprisonment.

  10. Sexual intercourse with underage (104) • Without threats or deception, sexual intercourse with the children who have completed the age of 15, is defined sexual intercourse with underage. • A person who has sexual intercourse with underage, shall be punished on the complaint. (İmprisonment between 6 months and 2 years)

  11. Sexual Harassment (105) • Sexual behaviors which are not against to violation of sexual impunity. • To disturb the victim sexually in violation of moral cleanliness. • Investigation and prosecution of the offense, depending on the victim's complaint. Aggravating reasons: To commit an offense or a crime; • by abusing of hierarchy / service relationship, • by using the working at the same workplace. ** If the victim of this act have been forced to leave the job, the penalty shall not be less than a year.

  12. Examination of Cases of Sexual Assault

  13. Examination of Cases of Sexual Assault • Three basic aims of the examination in terms of forensic medicine: 1. To determine if there is any finding of physical violence, 2. To determine a sexual intercourse to become real or not, 3. To determine the identity of attacker.

  14. Examination Report of A Case of Sexual Assault • Anamnesis, physical examination and sampling

  15. Time and place of assault. • Environmental conditions. • Time of the complaint. • Time between the event and the examination. • The form of the attack. • Event-related complaints.

  16. Examination should start from clothes. Torns and the spots on clothes shouldbe identified.Clothes must remove on a whitepaper/ sheet, and put in a paper bag. Then, the materials on the paper must collect. Examination must start the regions outside of genital areas. To research the ability of perceive about the legal meaning and consequences of the act? pregnancy?

  17. All findings must be marked on the diagrams. If needed, after informed consent of the patient, lesions must be photographed.

  18. Examination of genital area is continued on gynecological table. • Children can examine; • On a normal examination table muayene lying on their backs or with their mothers.

  19. For the examination of genital organs, labial traction is done. • External genital organs are examined in terms of fresh and healed wounds. • Hymen’s shape, opening, height of edge and elasticity, the presence of natural-notch, old and new tears are investigated. • Examination of hymen is important, becausesometimes hymen is the only region with traumatic findingespecially at young girls and children.

  20. Findings at examination of genital area; • Specific • Tears of the hymen and vaginal mucosa • Tearsxtending to the rectum • Nonspecific • Itching • Inflammation If there is a tear on hymen, • Bleeding, ecchymosis, edema, inflammation (1-8 days) • Scar tissue (more than 8-10 days)

  21. Examination of anus Anal intercourse iscalled “buggery”. Examination is done at the positionof knee-elbow. Perianal region, thighs, and anus are examined. Anal examination can be done at the position of lying on the left side.

  22. Acute Symptoms of Anal Intercourse: 1.The large ring-shaped ecchymosis that is surroundof the mucosa of anus.(the most important finding) 2. Swelling and tenderness of mucosa. 3.Fissures and tears from the outside to the inside of the anus. 4.Injury of sphincter. * Findings can recover in 7-10 days.

  23. Chronic symptoms of anal intercourse 1. Flattening of the anal mucosa (flattening of the folds). 2. Thickening of the mucosa (chronic irritation). 3. Old and new scars,fissures and tears. 4. The entrance of anus is deeper than normal and funnel-shaped. 5. Loss of tone of the anus sphincter.

  24. Sampling • If sampling is necessary according to anamnesis,all the materials must be readily available in the examination room. • If especially the biological material will be collected as an evidence, precautions should be takenfor contamination from environment.

  25. Sampling • From regions of absorptionand bites, sampling should be done with a wet/dry papix. • Dry spots on the body should bescraped with a scalpel. • The foreign hairs should be searhed by brushing pubic hairs. • Pieces of tissue under nails should be scraped to petri boxes. • If there is an oral intercourse, samples should be taken from mouth. • For spermatozoid and DNA studies; the samples should be taken from posterior fornix of vagina, external mucosae of anus and inside of the rectum.

  26. Sampling: • Dead or alive spermatozoid shouldbe researched by dropwising normal saline to mucousmembranes of vagina, cervixand anus. • Preparation should be prepared with vaginal content vagina, should be dried, then should be placed into ether-alcohol mixture. • If vagina is dry, 3 cc. normal saline should be dropwised to vagina, then this material should be taken for examine. • Culture swabs should be done especially for N. Gonorrhea. • 2 tubes of blood should be taken for serological and toxicological testing. • Urine sample should be takento reveal bladder trauma andfor the pregnancy test.

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