Sexual violence in Ottoman criminal law: Theory and practice (17th and 18th century)

Throughout human history, sexual violence has been a type of crime that violates the sexual inviolability of individuals in one way or another. Sexual violence can be defined as the perpetrator verbally saying sexually explicit things, physically contacting the other person or forcing them to have sexual intercourse without their consent, accompanied by sexual motivation. In this case, the victim is a living human being, regardless of age and gender. The manifestations of sexual violence and the way it is perceived by society vary according to the time, perception of religion and cultural codes. Accordingly, it can be said that every civilization in history has its own way of perception and legal regulations on sexual violence. After an introduction to modern law and the perception of sexual violence in some civilizations that have passed through the stage of history, this study examines how and to what extent sexual violence is included in the Ottoman criminal law (17th and 18th centuries). In this study, which combines theory and practice, the data of fiqh literature in general and the records specific to the 17th and 18th century Ottoman period (manuscripts such as Sharia Registers, fatwa collections, treatises, etc.) are examined, and many different types of sources are used to enrich the study. Our study offers a multifaceted and broad perspective on sexuality in terms of the distinctions between men and women, free and slave, and issues such as homosexuality.