Specific rape legislation demanded<\/p>\n
Hera Diani, The Jakarta Post\/Jakarta<\/p>\n
After seven years, the reported rapes of more than 60 women,
\nmostly Chinese-Indonesians, during the riots in May 1998 remain
\nunresolved.<\/p>\n
Many other cases of rape and sexual assault only end up in
\nembarrassment and further trauma for the victims if they dare to
\nreport the attacks, as even law enforcers often accuse them of
\nhaving "aroused" or "encouraged" the rapists by dressing
\n"provocatively" or walking alone at night.<\/p>\n
Last March in Bengkulu, a woman was arrested for wounding a
\nman, while all she did, according to her, was defend herself
\nagainst a rape attempt.<\/p>\n
Given the country's poor record of handling rape cases and
\nrape victims, legal expert and women's activist Nursyahbani
\nKatjasungkana said it was high time for the government to enact
\nspecific rape legislation.<\/p>\n
The existing Criminal Code is not comprehensive and specific
\nenough with regard to rape, she argued. Court hearings based on
\nthe code have always associated rape with morality crimes, and
\nthus the articles on rape are aimed at protecting moral values
\ninstead of protecting women.<\/p>\n
"It's not a crime against morality, but a crime against
\nintegrity. The international community has even declared it to be
\na crime against humanity," Nursyahbani, also a National Awakening
\nParty (PKB) legislator, told a discussion recently.<\/p>\n
Rape is worse than murder, she said, yet the victims here
\ncontinue to be traumatized after the crime, during questioning by
\npolice and prosecutors, and during court trials.<\/p>\n
"Gender insensitivity at all levels -- in the family, society,
\nstate and among law enforcers -- has turned rape into an
\nunpunished crime," Nursyahbani said.<\/p>\n
The excessively general provision Nursyahbani was referring to
\nis Article 285 of the Criminal Code, which stipulates that any
\nperson who, with the use of violence or threat of violence,
\nforces a woman to have sex with them out of wedlock, can face up
\nto 12 years in prison.<\/p>\n
Aside from emphasizing morality, another weakness of the
\narticle, according to Nursyahbani, was the narrow definition of
\nrape. The Criminal Code, she said, ignores marital rape, fails to
\nprovide for compensation and minimum sentences, and failed to
\nprovide protection for women.<\/p>\n
The Criminal Law Procedures Code also contained some
\nweaknesses regarding evidence (covering witness testimony, and
\nstatements by experts and suspects), the obligation to report to
\nthe police first for physical evidence purposes instead of
\nseeking medical help, the absence of special procedures to
\nprotect victims and a lack of monetary assistance for victims.<\/p>\n
The draft revised criminal code also narrows the definition of
\nrape to sexual intercourse. Sexual harassment or assault on
\nchildren under 18 years old and employees will not be categorized
\nas rape.<\/p>\n
Under the draft, victims can also be discriminated based on
\ntheir sexual behavior and social status, as provided for in
\nArticle 496, which categorizes women as married\/not married or
\nwell behaved\/not well behaved, Nursyahbani said.<\/p>\n
She suggested that the definition of rape be extended so as
\nnot to be limited to penetration alone, but also include any
\ncontact between the male genitalia or any foreign object and the
\nfemale genitalia without her consent.<\/p>\n
"The definition must also cover people of the same sex and
\ntransvestites," she said.<\/p>\n
Victims must also have the right to receive counseling and
\nlegal aid, to seek damages and to be informed about the legal
\nstatus of their case.<\/p>\n
Examinations by psychologists and psychiatrists, Nursyahbani
\nadded, should be accepted as evidence instead of just medical
\nexaminations.<\/p>\n
"In short, the rape legislation must incorporate principles
\nthat are holistic and woman friendly."<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/specific-rape-legislation-demanded-1447893297",
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"sponsor": "Okusi Associates",
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