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Sexual assault defendant admits crime, walks free
A defendant in a sexual assault case, identified only as HI, who admitted that he had repeatedly sexually assaulted two minors for three years, has walked free from a court after a judge declared him innocent
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span>A defendant in a sexual assault case, identified only as HI, who admitted that he had repeatedly sexually assaulted two minors for three years, has walked free from a court after a judge declared him innocent.
Presiding judge in the case Askandar handed down the verdict on March 25 at Cibinong District Court in Bogor, West Java, saying that there was no eyewitness who could confirm the assaults had ever taken place.
“The worst thing is, the judge cleared HI of all charges despite HI’s confession in the trial. He admitted the crime. The judge said that there was no eyewitness who actually witnessed any of the assaults over the three years,” the legal service coordinator of the Legal Aid Foundation of Indonesian Women’s Association for Justice (LBH Apik), Uli Pangaribuan, told a press conference at the foundation’s office in East Jakarta on Monday.
The verdict was handed down despite a complete set of evidence, witness statements and even HI’s own confession, she added.
Prosecutors handling the case, who had demanded 14 years’ imprisonment, filed an appeal to the Supreme Court on Monday.
The case came to light in 2018 when two siblings, a 14-year-old-boy and his 7-year-old sister, the children of HI’s neighbor, told their mother about the alleged abuse after she noticed her daughter’s odd behavior every time she bathed her.
After days of persuading her daughter to talk, the younger girl finally revealed that she had been sexually abused by HI since she was 4 years old.
The mother was even more shocked when the older brother, who has a mental disability, echoed his sister’s story and said that he, too, had been assaulted many times by HI.
Aside from the appeal, the victims’ family has also approached several organizations including LBH Apik, the Witness and Victim Protection Agency (LPSK), the Indonesian Child Protection Commission (KPAI) and the Judicial Commission to seek support.
Uli highlighted several oddities that occurred in the investigation process all the way through to the trial.
“The trial was handled by a single judge, while such cases are supposed to be handled by three judges,” Uli said.
Moreover, the victims were questioned and testified without assistance. This violates an article in Law No. 35/2014 on child protection that stipulates that children should be accompanied by a trusted adult during legal
procedures.
According to Uli, the children testified in a hearing in the presence of HI. Uli said that this went against an article in the Criminal Law Procedures Code (KUHAP) saying that the judge had the right to ask the defendant to leave the courtroom in the children’s interest.
“Imagine how traumatized [the children] must have been. They were assaulted, they endured lengthy legal proceedings, and now they have to accept the fact that their assaulter is free,” she added.
Prosecutor Dian Bintari told The Jakarta Post that it was the second time the court had made such a ruling in a sexual assault case.
In 2017, a panel of judges from the Cibinong District Court freed a defendant accused of assaulting a kindergarten child, reasoning that child witnesses could not be sworn in for the hearing.
“I hope for better luck in [this] case. We, at least, want HI re-arrested,” she said.
Separately, Supreme Court spokesperson Abdullah said the appeal would be a long process, but he reminded the plaintiffs to make sure the appeal is filed.
Indonesia Judicial Watch Society (MAPPI) researcher Meyriza Violyta said such verdicts occurred very often in sexual assault cases.
As examples, based on the organization’s research from 2012 to 2016, it found a judge who freed a sexual assault defendant after he promised to marry the victim. There was also a judge who reduced a sentence because the victim dressed “inappropriately” when the assault took place or because the victim had engaged in premarital sex.
Meanwhile, an online petition on change.org has been initiated by Imelda Berwanty Purba, who identifies herself as an assault survivor and women’s activist, to urge the Judicial Commission to probe possible malpractice by the judge and fire him. The petition also calls on the Supreme Court to annul the district court’s verdict.
As of 9 p.m. Monday, 1,900 people had signed the petition.
