Punishment of the crime of defloration ( izale-i bikr ) and forensic expert witness practices in the Ottoman Empire (1847–1861)

This study analyzes defloration (izale-i bikr) cases in the Ottoman Empire (1847–1861) using the Ayniyat Registers, focusing on punishments and expert witnesses. Through qualitative analysis of Meclis-i Vala records in the Presidential State Archives of Türkiye, twenty cases were identified and compared. Two were punished under the 1840 Penal Code, eleven under the 1851 code, and seven under the 1858 code. Expert testimony was repeatedly used to confirm whether the offense occurred and to shape sentencing. The findings suggest that the 1858 Penal Code offered the most systematic framework, particularly Articles 198 and 200, where expert reports influenced penalty levels. Overall, the study argues that after the Tanzimat reforms, forensic medical expertise became more integrated into criminal procedure, alongside clearer and more differentiated penalties for sexual offenses

Expert opinion · Expert witness · Forensic psychology · Forensic science · Ottoman empire · Penal code · Punishment (psychology) · Sexual assault · Witness · Islamic Studies and History · Ottoman and Turkish Studies · Ottoman Empire History and Society