Cases of child sexual abuse (Fi'l-i Şenî') and punishments during the Tanzimat Era in the Ottoman Empire.

OBJECTIVE

This study aims to examine cases of fi'l-i şenî' (sexual abuse) against children during the Tanzimat period using archival documents and scholarly literature, with the goal of revealing the punitive measures imposed on perpetrators.

METHODS

The research employs qualitative methods, specifically document analysis. A keyword search using 'fiil-i şeni' in the database of the Ottoman Archives under the Presidency of the Republic of Turkey yielded 29 relevant cases. The documents were examined with particular attention to maintaining semantic integrity on completion of the translation process. These cases were systematically tabulated in the findings section and analysed in the discussion section.

RESULTS

The study identified 29 cases of fi'l-i şenî' between 1839 and 1876. Four of these cases occurred before the implementation of the 1858 Penal Code, while 25 were adjudicated based on the 1858 Ottoman Penal Code. In the majority of cases, punishment was imposed in accordance with Articles 197, 198, 199 and 200 of the code.

CONCLUSION

In the period preceding the 1858 Penal Code, pranga punishment-entailing the chaining of offenders' feet and forcing them to perform hard labour-was prominent. This served both punitive and deterrent functions. With the enforcement of the 1858 Penal Code, the legal framework became more systematic and sexual crimes were more explicitly defined and categorised. In particular, Articles 197, 198, 199 and 200 determined the type and severity of punishment based on the nature of the crime, the victim's age and the perpetrator's relationship to the victim.