Rape, violence rock the country<\/p>\n
By T. Sima Gunawan and Rita A. Widiadana<\/p>\n
Reports on the brutal rape of a mother and her two teenage
\ndaughters in Bekasi, east of Jakarta, on Monday had not yet died
\ndown when police announced they had arrested four teenagers
\nseveral hours after allegedly raping a junior high school girl in
\nSouth Jakarta last Thursday. Rape is a serious crime, but
\ntraditional the view of women, and lack of severe punishments for
\nrapists have contributed to the high number of rape cases in
\nIndonesia. The Jakarta Post interviews experts on the issue.<\/p>\n
JAKARTA (JP): Every woman, regardless of their social class,
\nis prone to sexual crimes. Rape is the most serious of the
\noffenses.<\/p>\n
Reports about a brutal rape case have swamped local media the
\nlast few days. A mother and her two teenage daughters were
\nbrutally gang raped in their house in Bekasi, east of the city,
\nearlier this week while the father was bound by a rope.<\/p>\n
The public reacted by expressing their empathy towards the
\nvictims and condemning the criminals. With wrath and disgust,
\nsome, including Minister of Women's Role Mien Sugandhi, demanded
\nthat the rapists be sentenced to death if they are found.<\/p>\n
Without specifically mentioning sexual violence, President
\nSoeharto on Thursday called for more effort to contain crime and
\nviolence, which have been on the rise in Indonesia.<\/p>\n
The police are holding several suspects for questioning about
\nthe Bekasi rape case, and pledge to investigate the crime
\nthoroughly.<\/p>\n
In another rape case, four teenagers were arrested several
\nhours after allegedly raping a junior high school girl in South
\nJakarta Thursday.<\/p>\n
Handling sexual offenses, including rape cases, is not easy.
\nThe main element to prove a rape is the occurrence of forced
\npenetration. The others include the presence of witnesses and
\nphysical evidence, such as sperm.<\/p>\n
\"In general, it is really difficult to prove rape,\" criminal
\nlawyer Mohamad Assegaf pointed out.<\/p>\n
\"A rape usually takes place without the presence of any
\nwitness and the alleged rapist often argues that the sexual
\ncontact is based on mau sama mau (the willingness of both
\nsides),\" he said.<\/p>\n
Immediate examination must be done to find evidence of forced
\nsexual intercourse or violence.<\/p>\n
\"But the victims will need sometime for the examination or
\npolice questioning,\" said lawyer Rita Serena Kolibonso from the
\nJakarta chapter of the Legal Aid Institute (LBH).<\/p>\n
Of the 395 criminal cases reported to LBH in 1992, 10 percent
\nof them were rape, she said.<\/p>\n
City police recorded more than 2,300 cases of sexual violence
\nagainst women in 1992. The number jumped to 3,200 in 1993 while
\nthe first half of 1994 saw 3,000 cases.<\/p>\n
Since April this year, city police have recorded an average of
\n7.5 rape cases a month. Last month the police recorded eight
\ncases while this month at least six cases have been recorded.<\/p>\n
The actual number of rape cases is apparently much higher
\nbecause many victims are reluctant to report the crime for
\nvarious reasons including fear of reprisal, stigmatization,
\nhumiliation and feelings of guilt and self-blame.<\/p>\n
Virginity<\/p>\n
\"The fact that society 'worships' (women's) virginity is a
\nburden to rape victims,\" Rita said.<\/p>\n
Many people in Indonesia consider a woman's virginity crucial.
\nThey demand that women, but not men, stay virgins until they are
\nmarried. A clear example of this is the 1991's case of local
\nsinger Farid Harja, who divorced his non-virgin wife only four
\ndays after their marriage. There are men who take advantage of
\nthe situation by taking another woman as a second wife after they
\nfind that the brides are not virgins.<\/p>\n
Due to this concept, most physicians who examine rape victims
\nconcentrate on the hymen, Rita said.<\/p>\n
\"Instead of checking whether or not there has been any
\nviolence against the women, the doctors will see whether or not
\nthe hymen is broken,\" she said.<\/p>\n
Assegaf blamed local media for dramatizing the situation by
\nreporting that rape victims face a bleak future.<\/p>\n
He observed that the media has isolated rape victims.<\/p>\n
\"The media gives great attention to rape cases if the victims
\nare teenagers or single women, but I don't think they will give
\nsimilar attention if the victims are divorcees,\" Assegaf said.<\/p>\n
The maximum sentence under the existing criminal code is 12
\nyears in jail.<\/p>\n
The draft of the new criminal code stipulates the same
\npunishment. If the victim is injured or dies, the maximum
\npunishment is 15 years in jail. Unlike the current law, however,
\nthe draft sets a minimum three-year jail term.<\/p>\n
Both the current law and the draft don't cover marital rape.<\/p>\n
The public has long wanted a minimum sentence for rapists and
\nhas urged the court to mete out harsher penalties for rapists,
\nparticularly those who violate minors.<\/p>\n
The Kompas daily reported last month that the Bekasi District
\nCourt sentenced a defendant to five months and two weeks for
\nraping a minor. The Bangil District Court in East Java sentenced
\ntwo teenagers to 18 months and six months respectively for raping
\nseven minors. A resident of Tangerang, west of the city, received
\nan 11-year jail term for sexually abusing his daughter. In South
\nSulawesi, a court sentenced a 17-year-old man to 20 years in jail
\nfor raping a minor and then strangling her to death and robbing
\nher.<\/p>\n
These cases illustrate the different attitude of judges toward
\nrape, a serious problem faced by the Indonesian justice system.<\/p>\n
Melly G. Tan, a sociologists from the Indonesian Institute of
\nScience (LIPI), said that harsh punishment may not eliminate
\nrape, but at least will arouse a sense of social justice among
\nthe community, women in particular.<\/p>\n
\"It will also give women a sense of security,\" she said.<\/p>\n
Commenting on the Bekasi's rape, Melly stated that this was
\nreally biadab, a very inhuman criminal conduct.<\/p>\n
\"I don't see any connection with personal or social gap,\" she
\nsaid.<\/p>\n
In many rape cases, she explained, women were often blamed for
\nattracting unscrupulous men with provocative behavior.<\/p>\n
In the Bekasi case, \"There was not any provocation at all.
\nMoreover, the rapists did not steal any item at their house,\" she
\nsaid.<\/p>\n
The motive behind the crime is still not clear.<\/p>\n
Noting that there has been an alarming increase in rapes in
\nJakarta and other cities, Melly believes that there isn't
\nanything to discourage men from committing the act.<\/p>\n
Misconception<\/p>\n
Many people see rape as an urban crime.<\/p>\n
\"But it is very hard to say that a rape case or other sexual-
\nrelated crime is one of negative impacts from any development
\nprogress because the crime has already happened for years in both
\nrural and urban areas as well,\" Syarifah Sabarudin, a
\ncriminologist from the University of Indonesia, said.<\/p>\n
She said rape originates from the distorted relationship among
\nmen and women. Previously women were considered the property of
\ntheir fathers and later their husbands. Some people continue to
\nbelieve this.<\/p>\n
\"This is a crime of a patriarchy system which offers no
\nprotection for women against violence,\" Syarifah said.<\/p>\n
Rape is a reflection of a male's supremacy over a women, she
\nadded.<\/p>\n
Social change is obviously needed in the fight against rape
\nand other sexual related crimes. This is a complex problem which
\nrequires full participation from all parts of society -- not just
\nthe law agents of the government.<\/p>\n
Helping victims regain their confidence is important. The
\ncrime often leaves them stigmatized for a long time, possibly for
\nthe rest of their life.<\/p>\n
Jakarta-based feminist group Kalyanamitra and some
\nindividuals, including Rita, plan to establish crisis centers to
\nhelp victims of sexual crimes.<\/p>\n
The government has neglected such action, which is quite
\ndeplorable. Minister Mien Sugandhi regularly declares that
\nrapists must be executed. She also suggested that they be exposed
\non television. To demonstrate her seriousness she visited the
\nBekasi rape victims to express her empathy.<\/p>\n
Real action, establishing a crisis center for example, would
\nbe more helpful.<\/p>",
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