Rape in women's perspective<\/p>\n
By Nursyahbani Katjasungkana<\/p>\n
JAKARTA (JP): Jakarta weeps. That was the title of the piece
\nKompas ran when Acan's wife and children were robbed, then raped.
\nIn fact, humanity has been crying for some time, particularly
\nwomen. The crying has been profound, and often soundless. Not
\nonly because rape has robbed women of their honor, but also
\nbecause the general public has for a long time nurtured the view
\nthat women's rights are of secondary importance and, therefore,
\nunnecessary to be given an ear. This is reflected not in the lack
\nof attention given its victims, but in the definition of rape
\nfrom the time the act is thought of until it is actually carried
\nout.<\/p>\n
This article intends to look into rape from a women's side for
\ntwo reasons. Firstly, the rape victims are usually women. Thus, I
\nfeel that only women would be able to picture, in a clear and
\nconcise way, matters concerning rape. Secondly, rape mostly
\nreflects upon the side of male interest.<\/p>\n
On the other hand, women's interests are rather neglected,
\nespecially when it concerns rape. One law discriminately
\nprotects only unwedded females. In other words, according to our
\nlaws, when husbands rape their wives it is not considered a
\ncrime.<\/p>\n
This can only be understood from the respective context in
\nwhich women and their interests are poorly represented, or not
\nrepresented at all, when the law was in the making and after
\nimplementation.<\/p>\n
What is more, a large part of the population is still of the
\nopinion that formation and implementation of the laws are a
\npublic matter, but not intended to be worked on by women. If
\nthere had been a woman on the inside of the matter, she would
\nhave been unable to contribute anything since she would either
\nhave been a representative, or subservient, to a more dominant
\ngroup.<\/p>\n
Laws addressing rape as a means of protection for women have
\nexisted since times of old. Even in the days of Majapahit there
\nwere various matters organized concerning sex, particularly with
\nmarried women being threatened with punishment (Machi Suhadi,
\nKompas, August 8 1995).<\/p>\n
Article 285 of the criminal laws which is the only article
\nwhere rape is explicitly mentioned, is a ruling that has its
\nroots in Dutch criminal laws. The ruling, established in 1886 and
\nintroduced in the Netherlands East Indies (now Indonesia) in
\n1915, is still in effect today, as based on the Rules of Change
\nof the 1945 Constitution.<\/p>\n
Speaking in traditional terms, the respective rulings on rape
\nwere defined with the male view in consideration, being more
\napplicable in protecting male interest (Deborah L. Rhode, 1991,
\npage 244). Just closely scrutinize the rulings during the
\nMajapahit days mentioned in the above Kompas article. The
\nrespective rulings dealt mostly with rape and sexual abuses
\ninflicted upon married women. Aside from that, the right to
\npunish, as meted out by the king either in the form of paying a
\nfine or the death penalty, became the right of male spouses.
\nWives who became victims of rape had no rights, whatsoever, to
\ndemand or receive compensation. This technically would mean that
\na married female was no longer regarded a legal subject.<\/p>\n
From these regulations it is obvious that law makers made use
\nof the assumption that a wife was her husband's property, since
\nfines or the right to punish a rapist had been extended to male
\nspouses by the king.<\/p>\n
Aside from that, the general public, males in particular,
\nhighly respect virginity and female honor. It is, therefore,
\nassumed that the rape of a woman is prohibited with the purpose
\nof protecting her virginity, so that prospective husbands may be
\nrest assured of his future wife's honor. In Assyrian and
\nBabylonian communities, penalties depend upon the victim's social
\nstatus and the severity of the sexual crime. Rape of a young girl
\nis regarded far worse as compared to the rape of a married woman
\nor a woman who is no longer a virgin. The irony of it is, that
\nthe penalty is not meted out to the wrongdoer, but to the victim
\nwho is required to marry the rapist (Zella Laria cs. in Deborah
\nL. Rhode, 1991:245).<\/p>\n
Such settlements often occur today in our communities,
\nespecially in society groups where traditions still run strong.<\/p>\n
Other assumptions being drawn are tied up with the duties of a
\nwife towards her husband. It is expected of a woman, from
\nchildhood on, that she should be submissive and in no way be
\naggressive. As a wife, she should always obey and be ready at all
\ntimes to serve every whim and sexual demand of her husband.
\nSeveral thoughts and religious teachings strengthen these
\nassumptions. In some regions there are even special ways to
\nenhance the pleasure and happiness of a husband by means of
\nfollowing a special diet and other traditional potions.<\/p>\n
Serving the husband, thus, is a duty a wife may not refuse or
\ncompromise. Therefore, the rape of a female spouse is not
\nconsidered a legal offense. It is regarded to be in the line of
\nduty of a married woman.<\/p>\n
The same reasoning has been utilized by the makers of Article
\n285 of the Criminal Laws. The article only punishes: whomsoever
\nhaving sex by way of coercion or violence with a woman other than
\nhis wife. The maximum penalty for rape is 12 years imprisonment.
\nThe article clearly only protects certain women, i.e. women who
\nare not married to a rapist. In other words, this ruling
\ndiscriminates against women who are, and eradicates crimes of
\nrape committed by husbands on wives. I am of the opinion that
\nthis assumption is in opposition of social reality.<\/p>\n
Articles dealing with rape in the laws of Majaphit and in
\nArticle 285 of the Criminal Laws clearly depicts the prevailing
\nmorals and standards of value (then and now) regarding the
\ntreatment of women, particularly married women. A married woman
\nhas nothing to say, whatsoever, in the sexual act. She functions
\nto serve her husband, for if she should refuse, this would be
\nseen as opposing her husband's authority which is considered a
\nsin.<\/p>\n
The subordinative position in the sexual act has extended to
\nthe position of wives and mothers in their households, as well as
\namong the general public.<\/p>\n
The weak position of women as mirrored above has brought
\nconsequences of sexual differences in humanity, foremost on the
\nside of women. These differences contain certain values
\njustifying power to men. On the contrary, women have no right to
\nhave the power and skill to defend themselves (Carol Smart,
\n1980:104), as quoted by Syarifah S. (1988). In other words, rape
\nhappens since one party feels much stronger and more powerful
\nthan the other. In this subordinative position, women will be
\nquite vulnerable to sex crimes and be mere objects in men's power
\ngames.<\/p>\n
The matter of rape should, therefore, be placed in a wider
\nsocial context, where the position of women and (wrong)doers
\ncould socially be defined and controlled (Kathryn Chadwick and
\nCatherine Little in Stevi Jackson, 1993:324). Because it is in
\nrelationships where rape raises its ugly head. This was
\nemphasized by the United Nations in its Declaration of The
\nAbolition of Violence Towards Women issued in December 1993.
\nConsiderations of said declaration expresses, among others, that
\nviolence on women dates back to history and was brought forth
\nthrough powerful relationships between men and women, from which
\nfollowed the domination and discrimination of women by men that
\nslowed down their progress. It is further said also that violence
\nagainst women is like a crucial, social mechanism which forces
\nwomen into a subordinative position.<\/p>\n
Rape, as a form of violence against women, is a sample of how
\nsusceptible the position of a woman is, especially in men's
\nsexual interests. The image of a woman as a sexual object for men
\nappears to have wide implications in a woman's life, forcing her
\nto always face violence, coercion, physical and psychic
\nsuffering. Based on this view, rape not only reflects an image of
\na sex object, but also a subservient image to male power. When we
\nlook at it in a wider context, where rape is committed by those
\nwith power towards the powerless, it could be stated that the
\nrape of a woman is a reflection of an arbitrary act of power.<\/p>\n
Going from this view, matters of sexual crimes including rape
\nhave to be seen as a result of unstable social relations, either
\nbetween countries and people, or between men and women. The vague
\nassumption of rape being a form of sexual desire (eroticism) will
\nalter when the act is seen as the sexual domination of one group
\n(male) over another (female).<\/p>\n
Matters of rape, then, should not be viewed anymore as a
\nproblem between individuals, but should be seen as a social
\nillness connected with matters of human rights, in particular
\nwith those related to protection against all forms of suffering,
\nviolence, cruelness and neglect of human values. In this
\nframework, would heavy punishment, as suggested by many, carry no
\nmeaning when it is not implemented at the same time with a change
\nof values and education strategies as well as a change in more
\nfair relation policies of men and women? Changes in the law on
\nrape, which take into account equal values and human rights, are
\nalso called for. As well as those related to legal procedures of
\nproof. For, if that should not be the case, rape will never be
\nlegally proven except for when the one who committed rape should
\nadmit his crime.<\/p>\n
Jakarta may possibly smile again when the rapists of Acan's
\nwife and children have been caught and possibly punished. Various
\nparties have attempted to help the victims restore their self
\nrespect and faith in themselves. However, if the public still
\nobserves the matter from a mythical aspect and draws assumptions
\nwhich are totally wrong about women and rape, our humanity, with
\nemphasis on female welfare, will be at stake. And you may be
\ncertain that Jakarta will be weeping once more. Every day, as was
\nproven a day after Acan's wife and daughters were raped, rape is
\nhappening. Rape is happening everywhere and repeatedly. The
\nvictims may be children, a sister, mother, aunt, an older sister,
\nor someone we love. Prevention and coping with the problem is not
\nenough. Truly. Listen to us: the voice of women.<\/p>",
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