| Home > South-East Asia >> Indonesia | |
Indonesian incest rape victim, 15, could be sent back to jail for having an abortion
ABC News - September 24, 2018
A regional prosecution office launched the appeal, saying it wanted the case to serve as a lesson to others considering aborting a pregnancy, the Jakarta Post reported.
The girl – who fell pregnant after being raped by her brother – was sentenced to six months of juvenile detention by Muara Bulian District Court in July for illegally terminating her late pregnancy.
She served one month behind bars before the decision was overturned by a provincial high court on August 27.
The victim's 18-year-old brother pleaded guilty to the rape and was sentenced to two years imprisonment by the same high court.
Abortions in the case of rape are only legal within 40 days of conception in Indonesia, a timeframe activists say is unrealistic in determining pregnancy.
Zubaidah, a women's rights activist for the group Organisasi Beranda Perempuan, who is known only by her first name, said victims of rape often felt shame and social pressure which stopped them from seeking help.
"This case has been an example to show the weakness of the Indonesian constitution towards the protection of women," she said. Zubaidah said the appeal had already had a significant psychological impact on the victim.
"She is still in the process of building her self-confidence, adding the burden of a potential harsher sentence will only emphasise the sense of trauma on this young 15-year-old rape victim," she said.
'It shows we're going backwards'
Under Indonesian law, the punishment for seeking an illegal abortion is a maximum of four years, while performing or assisting in an illegal abortion is punishable by to up to 10 years imprisonment.
In 1992, an amendment to the abortion law was introduced to allow termination if the pregnancy endangers the life of the mother.
Amnesty International launched an appeal in support of the 15-year-old victim, and called for the decriminalisation of abortion in all circumstances.
"Denial of abortion services to women or girls who have become pregnant as a result of rape, sexual assault or incest is a violation of the right to be free from torture or cruel, inhumane or degrading treatment," the human rights group said in a statement about the case.
Indonesian law also prohibits extramarital sexual contact. The 'zina' provision in Indonesian law currently prohibits adultery, and there are proposals to expand it to also ban sex between unmarried people.
The regulations will particularly affect victims of sexual abuse and rape, where victims will need to prove that it was not consensual. "It shows we're going backwards due to a lack of commitment to protect women especially those who are victims of rape," Ms Zubaidah said.
"These laws have been put forward without a consideration of the facts on the ground."
Discussing contraception deemed 'taboo' and 'inappropriate'
Zubaidah said teenagers who became pregnant after cases of incest or rape in Indonesia only had two options – abortion or marriage. "According to [Indonesian] traditions, the victim would have to wed because of the negative stigma among the community," she said.
Fifty-eight per cent of unmarried women who become pregnant in Indonesia choose to abort, according to a 2016 report by the University of Gadjah Mada's Centre of Population and Policies.
But the majority choose unsafe methods, despite the risks, due to the country's strict abortion laws, a United Nations report said.
But preventing unwanted pregnancy is difficult when most parents consider reproductive health and contraceptives to be a "taboo discussion" and "inappropriate" to discuss with their children.
"They think that discussing sexual education encourages children to have sexual relationships... [some even] question the importance of understanding reproductive health," she said.
The UN Population Fund (UNFPA) in Indonesia is working closely with Islamic leaders in the country to promote the use of contraception in family planning. Contraception is often perceived as unacceptable for Muslims.
The campaign holds training sessions on family planning, maternal and infant health directly from Muslim leaders, in collaboration with the country's National Population and Family Planning Board.
But Zubaidah argues that it is not enough. "The reality is that many people who are underprivileged, especially teenagers, don't have access to a clinic," she said, adding that the issue is more prevalent outside major cities.
"While the government is investing heavily in infrastructure, social services and cultural programs are still minimal, which hasn't made any significant improvements towards the education for girls and women."
See also:
 |