Peer-reviewed article
Cases of child sexual abuse (Fi'l-i Şenî') and punishments during the Tanzimat Era in the Ottoman Empire.
Dadalı M, Köken AH, Büken NÖ ·
Summary
Written by AI, not yet AICS's view · claude-haiku-4-5-20251001This historical study examines 29 documented cases of child sexual abuse in the Ottoman Empire during the Tanzimat period (1839-1876), analysing the legal punishments imposed on perpetrators under successive penal codes. The research shows that punishments evolved from physical labour penalties to more systematic legal categorisation under the 1858 Penal Code. The study demonstrates how legal frameworks for protecting children from sexual abuse developed during this period.
Key points
- 29 cases of child sexual abuse (fi'l-i şenî') were identified in Ottoman archival records between 1839 and 1876
- Before 1858, pranga punishment (chaining and forced labour) was the primary penalty
- The 1858 Penal Code systematically categorised sexual crimes in Articles 197-200 based on victim age and perpetrator relationship
- 25 of 29 cases were adjudicated under the 1858 Penal Code framework
- Punishments became more explicitly graded according to crime nature and victim characteristics after 1858
Limitations
This is a historical analysis of archival records from a specific empire and period; it cannot inform current child protection practices or reveal the true prevalence of abuse, as only documented legal cases are examined. The study does not assess the effectiveness of historical punitive measures or outcomes for survivors.
Abstract
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.