ÇOCUĞUN SANAL CİNSEL İSTİSMARI

Abstract

Cyber grooming turns out to be a huge problem with respect to child abuse because the internet and social media devices become prevalent. In most states, cyber grooming acts are criminalized in order to protect the children from cyber grooming whereas according to the Turkish Criminal Code (TCC) cyber grooming is not exclusive type of crime, it is considered within sexual harassment or obscenity. In TCC it is accepted for crimes against sexual immunity whether a behaviour includes physical contact or not as a main criteria. However physical contact criteria in terms of determining the gravity of unjustness is not quite sufficent regarding to today’s technology. It is indispensable that acts towards the child should be taken into account seperately since the acts occur in cyberworld. In this regard sexual harassment in article 105 of TCC does not meet the gravity of unjustness of cyber grooming. The aim of this study is to determine characteristics of grooming acts targeting sexual abuse against children in the cyberworld, at which point the perpetrator will be intervened through criminal law and point out the loophole in Turkish criminal law. Because criminal law steps in with its prima ratio character in case of violation of sexual immunity of the child in cyberworld. In this study, the manipulation process of meeting the child and sexual abuse of the child on social media, game sites or any other virtual platforms was examined in stages. Using empirical studies, it was discoursed whether a specific perpetrator and victim typology available or not.