Thu, 05 Dec 1996

Pelni hospital denies negligence caused rape

JAKARTA (JP): The Pelni Hospital's management denied yesterday the alleged rape of a 17-year-old patient last week was because of its negligence.

Hospital spokesperson Ida Mahida acknowledged the hospital was responsible for all its patients but said the rape could not be helped.

"There are always people who want to steal chances to do something wrong. It's impossible for a nurse to watch over a patient all the time. We have lots of patients who are more severely injured (than the rape victim). Besides, we found him soon enough. It did not happen because of our negligence," Ida said.

She cited violation of visiting hours as an example of people taking a chance to do something wrong.

Visiting hours are from 10 a.m. to 12 noon and from 5 p.m. to 7 p.m. "However, there are always people who break the rules," she said.

The hospital employs 30 security officers for 24-hour security around the hospital on Jl. KS. Tubun, Central Jakarta, she said.

The girl, who is 17 years old and not 15 as earlier reported, was being treated for a respiratory problem. The alleged rapist was visiting his ailing relative at the hospital.

The girl, identified as R, is mentally retarded.

According to the hospital, a nurse, identified as AD, found the alleged rapist and the girl under her bed while she was examining another patient in the same room. The nurse told the man to leave.

"If we had been negligent, we would not have found them," Ida said.

Yesterday, the girl looked in good condition and chatted with other patients. Her father, who vowed to find a way to sue the alleged rapist, was with her.

The girl's father, a resident of Tambun, Bekasi, 30 km east of Jakarta, reported the case to the police last Friday.

Police arrested the alleged rapist, identified only as E, 22, at his home in Cimanggis, Bogor, 30 km south of Jakarta.

Palmerah police precinct sources said detectives had difficulties because the suspect denied raping the girl. He said she consented to having sex.

Ida said if it was not rape it was still immoral. "It is uncertain whether she was forced to have sex because there were five patients (including her) in the room and there were no screams for help or any sign of resistance from the girl."

A lawyer said yesterday the hospital must take responsibility for the incident and urged police proceed with the case.

Lawyer Nursyahbani Katjasungkana said the hospital was responsible for the patients' safety. "Everybody who suffers losses, in any form, while being treated at a hospital are entitled to demand compensation from the hospital. They have every rights to sue the hospital."

Ida said the hospital was ready to face a lawsuit from the patient or her parents. "The patient and the parents have the rights to sue us. The hospital is ready."

The hospital had not yet appointed a lawyer to represent it in the case. "The case is still under police investigation, just wait for further progress," she said. (ste)