The Appropriate Punishment Range and the Circumstances Associated with the Offense
- The guiding principle in punishment is the existence of an appropriate relationship between the severity of the offense in its circumstances and the degree of guilt of the defendant and the type and degree of punishment imposed on him. In determining the appropriate punishment range, the court must take into account the protected social value that was harmed by the commission of the offense, the extent of the harm to it, the sentencing policy in force, and the circumstances related to the commission of the offense.
- In our case, the defendant was convicted of multiple offenses of sexual harassment and harassment under the Prevention of Sexual Harassment Law; Violation of privacy and publication of obscene material in which the image of a minor is published.
The protected social values constitute social norms that the legislature sought to protect through legislation and legislative amendments that define the prohibition of certain behavior when the violator is sentenced to imprisonment.
With the advancement of the digital space, the phenomenon of distributing offensive sexual content in the various media in the virtual world, and the inherent and severe harm to the victims of the offense as a result of this phenomenon, is what led the legislature to amend the Prevention of Sexual Harassment Law and add the provision of section 3(a)(5a) to the Prevention of Sexual Harassment Law, which was dubbed the "Videos Law", which stipulates that they will be seen in the"Advertising, photograph, film, or recording of a person focusing on their sexuality in circumstances where the publication is likely to humiliate or humiliate the person and their consent to the publication has not been given" as sexual harassment. Not only that, but in Amendment No. 10 it was determined that the definition of "publication" includes material of a sexual nature even when we are dealing with edited or processed material, provided that the identity of the person photographed has been revealed.