High Court Rules That ‘Oral and Anal Sex’ Should Increase the Penalty

High Court ruled that oral and anal sex in movies should increase the penalty against the accused for selling CDs with sexual content.

  

The accused got judged with the claim of a longer period of jailing because of the criteria in law regulating the crimes related to obscenity, that is “unnatural sexual behavior”. 
 

According to newspaper Habertürk, High Court convicted S.K. to 1 year imprisonment for selling movies with sexual content. However, the penalty was asked to be increased as the movies contained oral and anal sex displays. S.K. who was sued for selling sexually explicit CDs was judged in Fatih 1st Penal Court of Peace.

 

During the trial CDs sold by S.K. were opened and investigated by the experts. A report on the investigation was prepared. According to the content of CDs, it was officially reported that “[The CDs] contain displays of sexual behavior with unnatural anal and oral ways.” S.K. was convicted to 1 year imprisonment due to the crime that “selling or renting sexually explicit CDs of which content can be reached.”

 

The accused S.K. objected to the decision and the trial was carried to High Court. High Court 14th Criminal Division investigated the file and evaluated the decision. The Division put emphasis that the CDs contain images which leads to increasing the penalty. Since the CDs contained anal and oral sex displays High Court decided S.K. to be judged from Turkish Penal Code’s Article 226 Item 4 that “person selling products containing writing, sound or images of unnatural sexual behavior can be convicted to from 1 to 4 years and to punitive fine up to 5 thousand days. Expressing that it is the responsibility of criminal court of first instance to define the quality of the crime, high court sent the file back.