Dianing Sari, Jakarta – Without an amendment to the Criminal Code, it is impossible for female victims of May 1998 to get justice.

The Head of the Community Participation Sub-Commission in the National Anti-Violence to Women Commission, Andy Yentriyani, emphasized this in her statement, on Wednesday (12/5).

According to Andy, the criminal code only regulates a case of rape in the form of a man's genitals penetrating a woman's genitals. But the May 1998 case, she said, the forms of sexual violence were extremely varied.

About 85 victims at that time (data from the May 1998 Tragedy Fact Finding Team), had their genitals tortured with sharp objects. "That form of violence is not yet regulated by the rape articles in the criminal code," she said.

Another difficulty, said Andy, is providing semen as evidence. "It is also hard to find semen for acts happening 12 years ago," she said, adding that not all victims wanted or dared to report such crimes or have medical examinations.

The Head of Recovery Sub Commission, Sri Nurherawati, said that the 1998 Fact-Finder Team had submitted their report to the President. Unfortunately, she revealed, no special action was taken for sexual abuse victims.

Meanwhile the article 28 H paragraph (2) of the 1945 Constitution regulates special treatment.

"It means that female victims of sexual abuse, the majority of them ethnic Chinese or women who have similar physical characteristics, deserve special treatment," she said.

The National Anti-Violence to Women Commission is now asking the Witness and Victim Protection Agency to develop a system of protection and support for female victims and witnesses.

The system must contain gender sensitive protocols, protection for assistants and human rights defenders and the integration of the Jakarta Protocol into the fact finding process.