'Rape victim's parents could sue hospital'

JAKARTA (JP): The parents of a teenage girl allegedly raped by a cleaning service worker at the Cipto Mangunkusumo General Hospital (RSCM) could sue RSCM for negligence and causing her mental anguish, police and a criminologist said yesterday.

Central Jakarta Police Chief Lt. Col. M. Ibrahim said the police could question the hospital if they received a complaint from the victim's parents.

"We cannot questions the hospital for further investigation unless the girl's family officially reports to us," Ibrahim said. The police have only investigated the criminal aspects of the attempted rape case so far.

A 16-year-old girl was reportedly raped by a cleaning service worker at RSCM last Friday night after he crept into her room in the left wing of the hospital.

The girl's right leg was amputated a couple of days earlier, and she was lying helpless, her mother sleeping outside, when the man entered the room.

The victim, Sis, a third-year junior high school student was hospitalized after a Roda Niaga minibus hit her on Jl. M. Toha, Tangerang, West Java.

RSCM's director M. Ahmad Djojosugito, denies the girl was raped.

Ahmad said the incident was a rape attempt, the girl has been moved to another room to keep her from meeting reporters and the hospital would not charge the family for treatment.

Criminologist Adrianus Meliala told The Jakarta Post yesterday the girl's family should sue the hospital negligence, under articles 1366 and 1367 of the Civic Code.

Under article 1367, the hospital can be sued if a person employed by the hospital harms a patient undergoing treatment there.

Citing a similar case last year at the Pelni hospital, Adrianus said the court had accepted the indictment against the hospital.

"However, in Indonesia, people tend to be forgiving and, added to the many non-legal considerations, the punishment given to the culprits is often too lenient," he said.

Adrianus said apart from paying the bills and getting treatment, most patients were not aware of their rights and privileges because many hospitals do not clearly explain them.

"Let's learn from these incidents. This is the time for hospitals to improve their services, including giving detailed explanations on the hospital-patient relationship and what they should get during treatment," he said. (jun/04)