Rape pregnancy a touchy subject<\/p>\n
By R. Diah Imaningrum<\/p>\n
MALANG, East Java (JP): A Jakarta-based daily wrote \"Jakarta
\nis Crying\" to describe the mass emotion when the Acan family was
\nthe victim of rape and robbery two years ago. But when there was
\na riot and mass rape last May, the reaction was different. Some
\nwere doubtful whether the incident was factual or just a campaign
\nby some non-governmental organizations to discredit the
\ngovernment. Police and lawyers are busy collecting proof in order
\nto make the case juridically transparent.<\/p>\n
If the mass rapes are assumed to be factual, some of the
\nvictims might well be pregnant. Such pregnancies were not the
\nmothers' will and could result in long-term trauma. When the
\nbabies are born, the mothers' psychological, material and
\nphysical burdens could well increase.<\/p>\n
Who will be responsible for the unwanted children? Whose duty
\nwill it be to devote attention, love, education and everything
\nelse needed to make them physically and mentally healthy when
\nthey grow up?<\/p>\n
Such questions may justify the solution that fetuses arising
\nfrom rape could be aborted.<\/p>\n
Some religions, ethics and laws recognize the fetus' right to
\nlive in the mother's body and they prescribe as to when a fetus
\nis called a human being that may not be aborted.<\/p>\n
Islam, for example, recognizes the fetus' right to life after
\nthree months of pregnancy because at that moment the spirit of
\nlife has been blown into it by God. Catholics recognize such a
\nright from the moment of conception.<\/p>\n
Modern genetics and embryology explain accurately the growth
\nof human beings from the union of egg and sperm until the baby is
\nborn. The continuous and uninterrupted growth implies that human
\nlife exists from the moment of conception. Many scientists
\nsuggest that some steps can be regarded as the beginning of human
\nlife, such as the planting of an ovum in the uterus for about six
\nto seven days, after brain waves can be observed and after the
\nquickening of the fetus' movement in the mother's body.<\/p>\n
In a rape pregnancy, it is not easy to let the fetus enjoy his
\nright to life because it is unexpected. Usually there are three
\narguments to support the abortion of a fetus resulting from a
\nrape.
\n* Everyone has the right to self-determination. This argument is
\nbased on the interpretation of an autonomy principle in ethics.
\nAs an autonomous person, the pregnant mother -- who carries her
\nbaby in her body -- has the right to choose whether to continue
\nthe pregnancy or to throw the baby away.<\/p>\n
This argument has to be clarified. It is doubtless that every
\nperson has the right of autonomy. But does it mean that it has to
\nsacrifice another person's right to live that is recognized by an
\nethical principle as well as the law?
\n* The pregnant mother suffers psychologically and physically
\nbecause of the rape. It is not fair to compel her to carry the
\nresult of that crime for nine months. For that reason, although
\nthe fetus has become a human being, the mother has the right to
\nabort it.
\n* The fetus has no right to exist in the mother's body. It exists
\nthere because of an act of aggression by the rapist. And letting
\nit exist in the mother's body is aggression against the mother,
\nboth mentally and physically. So, the mother has the right to
\nchallenge that aggression by throwing the fetus away.<\/p>\n
Those two arguments still need clarification as to whether it
\nis true that the fetus is an aggressor. Although the rape is not
\nfair, it is not the fetus that has committed the crime. The
\nopinion that a fetus is an aggressor that has to be killed must
\nbe clarified. Like the mother, the fetus is a victim too. The
\nactual aggressor is the rapist.<\/p>\n
According to Article 15 of Law No. 23\/1992, abortion of
\npregnancy caused by any reason is prohibited because it is
\ncontrary to religious, social and legal norms. Nevertheless, in
\nan emergency situation, such as securing the mother's life,
\nspecific medical action can be taken, with some conditions. An
\nextreme medical indication exists when there is a tradeoff
\nbetween the mother's and the fetus's lives if no medical action
\nis taken. It can be interpreted that pregnancy caused by a rape
\ncan be aborted as long as it does not endanger the mother's life.<\/p>\n
\"Who is responsible for the pregnancy\" is the most important
\nquestion. It is the task of the government to guard and to save
\nthe fetus as well as the mother. Why? Because, one of the tasks
\nof the state is to guard and to save the rights of its citizens,
\nespecially the powerless.<\/p>\n
Assistance that can be extended to the rape victims may
\ninclude psychological, religious and social avocations, as well
\nas the adoption of the babies if their victimized mothers do not
\nwant to take care of them. Other people should respect the human
\nrights of the rape victims with a greater understanding, sympathy
\nand compassion.<\/p>\n
The writer is a lecturer at Widya Karya Catholic University in
\nMalang, East Java.<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/rape-pregnancy-a-touchy-subject-1447893297",
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