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Victims under threat of being sued back, activists say

Source
Jakarta Post - January 7, 2010

The current legal system may cause women's attempts to sue those who commit violence against them to backfire, turning victims into criminals, activists said Wednesday.

"2009 showed how vulnerable women are to being fabricated as criminals," Eka Purnamasari, the legal service coordinator for the Legal Aid Institute for the Indonesian Women's Association for Justice (LBH Apik), said.

She was speaking during a discussion to evaluate the number and types of cases LBH Apik encountered last year.

LBH Apik's data revealed that it had received 1,508 reports of mistreatment, including violence and fraud, in 2009.

The number of reports increased from 853 in 2008 and 747 in 2007. The majority of cases reported last year had been those of domestic violence, making up 62 percent of the figure.

The number of domestic violence cases increased three fold from 12 in 2008 to 37 last year.

Yohanna, another legal worker for LBH Apik, said that there had been an increase in the amount of cases where alleged female victims were fabricated as criminals in the cases they reported.

"A woman may become a domestic violence victim, and then be accused as the perpretator. when the cases are reported, the law enforcers became reactionary," she said, illustrating the need for more competent workers in the legal field.

LBH Apik revealed several cases where victims of domestic violence were sued for various reasons.

One case involved a domestic violence victim who reported her husband to the South Bekasi Police, and fled her home to a relatives' house.

Her husband then reported the relative to the Setiabudi Police using Article 335 of the Criminal Code, which rules unpleasant conduct, before reporting her for violating Article 49 of the domestic violence law.

Article 49 of the law stipulates fines for those who neglect the members of his or her household.

Silvia Desty, a persecutor from the Central Jakarta District Court, said that there were several reasons why a female victim in a domestic violence case could be accused of being the guilty party.

"Sometimes the perpetrator files a report back and that report is processed sooner than the report filed by the victim. A woman might report experiencing domestic violence.

"However the accused party then reported a violation of the criminal code, which is easier to prove," she said.

"There have also been hindrances concerning evidence. There is a need for law enforcers who are sensitive to cases," she said.

Sinta Uli, a former wife of a high-ranking state employee, told her story where she was abandoned by her husband. She said the company did not facilitate her efforts to keep the household together.

"The mediation process occurred once and I was the only one summoned... the company only considered my former husband's rights," she said. (JP/dis)

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