Wed, 04 Dec 1996

Pelni hospital responsible, lawyer says

JAKARTA (JP): A feminist lawyer said yesterday Jakarta's Pelni hospital should be held responsible for the rape of a girl being treated at the hospital last week and that police should investigate the case.

Lawyer Nursyahbani Katjasungkana said the 15-year-old mentally handicapped girl was in the hospital's care when she was raped by a man who went to the hospital in Tanah Abang, West Jakarta, to visit his ailing relative.

"The hospital was responsible for the girl's safety," Nursyahbani said.

She said the girl's father should go ahead with his lawsuit.

Nursyahbani said everybody who suffered losses, in any form, while being treated at a hospital were entitled to demand compensation from the hospital. "They have every right to sue the hospital's management."

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

Later that day police arrested a 22-year-old suspect at his home in Cimanggis, Bogor, 30 km south of here.

Palmerah police precinct sources said the detectives had difficulties with the case.

"The suspect strongly denied raping the girl, saying she consented to having sex with him," the source said.

The sources said police had not yet received a medical report on the girl's condition.

"The girl is mentally handicapped and still under treatment at the hospital for respiratory problems. Therefore she cannot be questioned yet," they said.

Nursyahbani said if substantial evidence had been found police should proceed with the case.

She said under Article 287 of the Criminal Code a man can be prosecuted for having sex with minors even if there was mutual consent. (07)