1. Introduction: What Are Romance Scams?
The widespread use of social media platforms, dating applications, and online communication tools has significantly transformed the way individuals establish personal relationships. While these technologies make it easier for people from different parts of the world to connect, they have also created new opportunities for fraudulent activities.
One increasingly common form of online fraud is known as a romance scam. This type of fraud occurs when an individual establishes a false romantic or emotional relationship with another person for the purpose of obtaining financial benefits.
Fraudsters often use fake identities, photographs belonging to other individuals, and fabricated personal stories to gain the victim’s trust. Once an emotional connection has been established, they may begin requesting money by referring to medical expenses, travel costs, investment opportunities, or unexpected financial difficulties.
These schemes may continue for weeks or even months. Since the deception relies heavily on emotional manipulation, victims may find it difficult to recognize the fraud and seek legal assistance at an early stage.
From a legal perspective, romance scams raise several important issues, including criminal liability, compensation for financial losses, personal data protection, and the recovery of unlawfully obtained assets.
2. The Legal Framework Governing Romance Scams Under Turkish Law
Under Turkish law, romance scams may constitute the criminal offence of fraud, depending on the circumstances and the conduct involved.
Article 157 of the Turkish Criminal Code No. 5237 regulates the basic form of fraud. Under this provision, a person who deceives another through fraudulent conduct and obtains a benefit for themselves or another person, to the detriment of the victim or another individual, may incur criminal liability.
The establishment of criminal liability requires an assessment of several elements, including fraudulent conduct, deception of the victim, the acquisition of an unlawful benefit, and resulting financial harm.
In the context of romance scams, creating a false identity, maintaining a fictitious romantic relationship, or requesting money through fabricated emergencies may constitute fraud if the statutory elements of the offence are satisfied.
Furthermore, Article 158 of the Turkish Criminal Code regulates aggravated forms of fraud. In particular, Article 158(1)(f) addresses fraud committed through the use of information systems, banks, or credit institutions as instruments of the offence.
However, the mere fact that communication takes place through social media or a dating application does not automatically mean that aggravated fraud has been committed. The manner in which the information system is used and the specific circumstances of the incident must be examined.
Accordingly, determining the legal classification of a romance scam requires an assessment of the methods employed by the perpetrator, the nature of the deception, and the benefit obtained.
3. Emotional Manipulation and the Role of Digital Platforms
Romance scams are frequently carried out through a gradual process of emotional manipulation. Fraudsters may initially present themselves as trustworthy individuals, show considerable affection, and create expectations of a shared future.
Once an emotional bond has been established, financial requests begin to emerge. These requests are generally presented as temporary needs, unexpected emergencies, or opportunities that allegedly promise financial returns.
Common methods used in romance scams include:
- Requesting money for medical expenses or emergency treatment.
- Asking the victim to cover travel costs in order to arrange an in-person meeting.
- Making false claims about customs fees, blocked bank accounts, or unexpected legal expenses.
- Requesting money by promising profitable investments in cryptocurrency or other financial instruments.
- Seeking bank account details, identity documents, or verification codes.
Digital platforms may facilitate the creation and continuation of these fraudulent relationships. Nevertheless, the existence of a fraudulent account on a platform does not automatically make the platform liable for all financial losses suffered by its users.
The potential legal liability of digital platforms must be assessed in light of their legal status, applicable obligations, knowledge of the unlawful activity, and the specific circumstances of the case.
4. Financial Losses and the Right to Compensation
Victims of romance scams may suffer substantial financial losses as a result of direct payments to perpetrators, transfers made through intermediaries, or funds deposited into fraudulent investment schemes.
In addition to criminal investigations and proceedings, victims may have access to civil law remedies depending on the circumstances of the incident.
Under Article 49 of the Turkish Code of Obligations No. 6098, a person who culpably and unlawfully causes damage to another person is obliged to compensate for that damage. Where the requirements of tort liability are satisfied, the victim may bring a claim for compensation against the responsible individual.
Furthermore, Article 77 of the Turkish Code of Obligations regulates unjust enrichment. Where a person becomes enriched at the expense of another without a legally valid basis, they may be required to return that enrichment, provided that the statutory requirements are met.
These provisions may be particularly relevant where victims have transferred money as a result of deception or where their financial assets have been unlawfully obtained.
Nevertheless, recovering transferred funds may become difficult, particularly when the money has been moved through multiple bank accounts, converted into cryptocurrency, or transferred abroad.
For this reason, identifying recipient accounts at an early stage, preserving financial records, and initiating legal proceedings without unnecessary delay are particularly important.
5. Cross-Border Romance Scams and Jurisdictional Challenges
One of the most significant challenges associated with romance scams is their international dimension.
A victim residing in Türkiye may communicate with an individual claiming to be located in another country, while the transferred money may be sent to a bank account or cryptocurrency wallet in a third jurisdiction.
Such circumstances create various legal and practical challenges concerning the identification of perpetrators, the determination of applicable law and jurisdiction, the collection of digital evidence, and the recovery of transferred assets.
The application of Turkish criminal law to offences involving foreign elements must be assessed under the relevant provisions of the Turkish Criminal Code. In particular, Articles 8 and 11 may become relevant depending on the circumstances of the case.
International judicial cooperation may be necessary to obtain information from foreign service providers, identify account holders, or trace financial transactions conducted abroad.
The scope and effectiveness of such cooperation depend on the countries involved, the nature of the evidence sought, and the applicable international legal mechanisms.
Consequently, cross-border romance scams should not be regarded merely as online disputes between individuals. In certain cases, they may require coordinated criminal investigations and international legal cooperation.
6. The Importance of Digital Evidence in Romance Scam Cases
Digital evidence plays a central role in the investigation and prosecution of romance scams.
Since these fraudulent schemes are generally carried out through electronic communication, messages, photographs, payment records, and account information may constitute important evidence.
Victims should preserve relevant information, including:
- Screenshots and, where possible, complete records of conversations.
- Usernames, profile links, telephone numbers, and email addresses.
- Bank receipts and details of financial transactions.
- Cryptocurrency wallet addresses and transaction identification numbers.
- Emails, voice messages, and other communications containing financial requests.
- Dates of promises, payment requests, and money transfers.
Rather than relying exclusively on screenshots, victims should preserve original electronic records wherever possible. Such records should not be deleted or altered, as their integrity may be important in subsequent proceedings.
Where necessary, digital forensic examinations may help determine the origin of communications, identify connections between accounts, and establish the chronological sequence of events.
Preserving evidence at an early stage may significantly strengthen both criminal investigations and subsequent civil proceedings.
7. Legal Remedies Available to Victims
Individuals who believe they have become victims of a romance scam should consider taking legal action as soon as possible.
First, victims may file a criminal complaint with the Office of the Chief Public Prosecutor. Providing detailed information about communications, financial transactions, and suspected individuals may assist the investigation.
Second, if a financial transfer has been made, the victim should immediately contact the relevant bank or payment service provider. Although completed transactions cannot always be reversed, early notification may create an opportunity to investigate the transaction or prevent further transfers.
Where cryptocurrency transactions are involved, relevant transaction records and wallet addresses should also be preserved and reported to the competent authorities.
Third, victims may consider pursuing civil proceedings to seek compensation for their financial losses or the restitution of unlawfully obtained benefits, provided that the applicable legal requirements are satisfied.
In addition, reporting fraudulent accounts to the relevant social media or dating platforms may help prevent further harm and preserve information that could be relevant to an investigation.
Particular caution should be exercised when individuals claim that an additional payment is necessary to recover previously transferred funds. Requests for so-called recovery fees may themselves constitute part of a second fraudulent scheme.
8. Conclusion: The Importance of Effective Legal Protection Against Romance Scams
Romance scams demonstrate how digital communication technologies can be exploited to manipulate personal relationships and obtain financial benefits through deception.
Unlike conventional forms of fraud, these schemes frequently rely on emotional trust, false identities, and prolonged communication. This may make it more difficult for victims to recognize the deception and seek legal assistance at an early stage.
Under Turkish law, such conduct may constitute the criminal offence of fraud under Article 157 or Article 158 of the Turkish Criminal Code, depending on the circumstances. Victims may also pursue civil law remedies based on tort liability and unjust enrichment.
Nevertheless, the international nature of many romance scams creates additional challenges concerning jurisdiction, evidence collection, and the recovery of financial assets.
Effective legal protection therefore requires more than criminal investigations and compensation claims. Timely reporting, careful preservation of digital evidence, and international cooperation where necessary are equally important.
As online relationships increasingly extend across national borders, addressing romance scams requires a comprehensive approach combining criminal law, civil liability, and digital evidence mechanisms.
No Responses