TABLE OF CONTENT The Voiceless Responses to Sexual Violence: Are Victims Dissociated from Justice? Ludwina Victoria Sielke Laurent Sopacuaperu ................................................................ 1
Sexual Violence Towards Women and Girls: The Result of a Systemic Gender Inequality and the Deep-Rooted Patriarchal Upbringing of Our Society Amara Farah Tahar .......................................................................................................... 5
What If I Were a Government or Society Gumiwang Tri Anugrah .................................................................................................. 12
The Voiceless Responses to Sexual Violence: Are Victims Dissociated from Justice? Ludwina Victoria Sielke Laurent Sopacuaperu
Will victims of sexual violence accomplish proper support and quick responses if they report the incident to the police? Sexual violence issues have been recurring lately and revive Sexual violence is any sexual act involving force, physical harm, or even psychological intimidation to someone who did not want to1. This misbehaving treatment can occur to females and males of any age by any person, anywhere and anytime2. Most perpetrators are looking for a victim who cannot combat, for instance, an underage child, disabled person, and minority. Nevertheless, a mature victim also struggles to avoid sexual violence immediately since it occurs unexpectedly. Many victims find the difficulties of their lives after getting sexual violence related to their emotional, mental health, and relationship in the social community3. Hence, victims encourage themselves to report the incident to the authorities, yet several societal factors break it. This essay will draw on some cases and studies of sexual violence to argue that victims have an affliction to be acknowledged by authorities appropriately. Perpetrators live their best lives while victims are fighting for justice, face the public sentiment, as well as recover from trauma both physically and mentally. The judiciary often fails or even consciously stops responding and supporting victims for any reason. In 2020, the National Commission on Violence Against Women received more than 900 sexual violence cases in Indonesia 4. Based on the case handling results, only an insufficient number of successful victims can get their rights. The rest are either still waiting for justice or have given up on fighting. For instance, a sexual violence case at Shiddiqiyyah Islamic Boarding School in Jombang began in 2019. However, the perpetrator was not apprehended until 2020 although authorities to arrest the perpetrator immediately. After waiting for two years, the perpetrator 1
International Encyclopedia of Public Health
(2016): 491 498. 2
Forensic Science 5, no. 3 (1975): 243 255.
3
E
New Zealand: Ministry of Justice, 2018), hlm 1.
4
Perkawinan Anak, Dan Keterbatasan Penanganan Ditengah Covidhlm 70.
Kekerasan Siber, (Jakarta: Komnas Perempuan, 2021),
1
was eventually arrested. Indonesian law enforcement has proven a prolonged legal process towards sexual violence cases. Furthermore, validating the sexual violence elimination bill causes inappropriate responses toward the victim. As we knew, in 2020, it was still stuck as a revised draft and legitimized a month ago. Consequently, so many cases have not been handled as fairly as possible. This circumstance liberates the perpetrators and becomes one of the reasons why victims are unwilling to report sexual violence incidents perpetrated against them. Next, silencing sexual violence victims in universities is more important than supporting them against the perpetrators and assisting them during the trials. The most recent case is a female student of the University of Indonesia who got raped by her colleague in February 2020. She had reported the incident to one of the lecturers of her department. However, rather than receiving a follow-up for her case, one of the university threatened her that she might lose her scholarship if this case went further. At this point, victims are often threa instituti
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. Suppose victims report their cases without the consent of the
campuses authorities; they will possibly end up like one of the students of Sriwijaya University who crossed out from the judiciary list after reporting their cases to the police. There are still many obstacles from certain parties that create difficulties for victims to receive justice while letting the perpetrators fly freely. A survey conducted by the Ministry of Education in 2020 showed that 77% of lecturers agree about the sexual violence phenomenon on campuses and 63% of them did not report the incident 6. One of the factors that caused the high rates of unreported cases is the distrust of the campus authorities, which led the victims to think that reporting the sexual violence cases would be pointless 7. fear and prejudice are not for no reason. Many
buried sexual violence cases were . The injustice in universities can encompass
backlash and threats to rescind their reports. Indeed, victims have faced a challenging situation and the terrifying fact that perpetrators are still roaming.
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Carla Henry and Jacqueline Adam
(Jenewa: International Labour Office, 2018). The Preventions of Sexual Violence in Universities Through The Regulation Form The Minister of Education, Culture, Research, and Technology of 2021 Jakarta: Minister of Education, Culture, Research, and Technology, 2021), hlm 2. 6
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018), hlm 12.
2
Admittedly, some people argue that it is better to resolve amicably sexual violence rather than fighting for pointless justice. It is hard not to notice that many people consciously try to drown the sexual violence cases because they are ashamed of the incident related to their organizations or institutions. Although some unlucky victims ended up being surrendered to their injustice, that does not mean we should get used to this. The traumatized and injustice treatment might overburden them, which can cause terrible mental health problems 8.
-depression because her
family and campus authorities did not support her after being raped twice by her senior and boyfriend. This case indicates that victims, again, being avoided and ignored by expected people could help them. Justice is not about sending perpetrators to jail but giving them practical and meaningful consequences as the responsibility for their wrongful behavior 9. Punishments for the perpetrators are expected to emphasize that their unjustified behavior can cause a destructive variant impact on the victims and parties related to them. Equally important, even if victims receive justice and know the perpetrators are arrested, they still wake up every morning with the memory hanging over them and still need to fight over the healing process.
not only to deliberate to give lesson and
consciousness of perpetrators responsibility but also to make victims feel secure and sure that they are not alone in going through the healing process. Sexual violence is part of critical emergency misdeeds in our country. It occurs anywhere and causes a sense of insecurity in public society. Even the court system, the related parties, family, and community cannot guarantee victims will receive proper justice. Lastly, it is helpful to treat victims with care and respect, so they do not recall the memory of the incident and support them in giving practical consequences to the perpetrators. In this way, we habituate our society and the court justice system to recognize that sexual violence is not a minor thing. It is necessary to follow up on perpetrators and the victims as well. Responsive services will positively impact our society to have a positive community environment and educational attitudes 10.
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Lori Haskell and M Randall, The Impact of Trauma on Adult Sexual Assault Victims (Report Submitted to Justice Canada, 2019), hlm 12. 9 -Survivor (Durham: Social and Legal Studies 28, no. 2, 2019), hlm 8. 10 Edmonton: Sexual Violence Prevention and Education Committee, 2020), hlm 39.
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REFERENCES
Haskell, Lori, and M Randall. The Impact of Trauma on Adult Sexual Assault Victims Report Submitted to Justice Canada, 2019.
Commercial Agriculture: Lower and Middle-Income
International Labour
Office, no. 31 (2018). International Encyclopedia of Public Health (2016): 491 498.
xual Violence and Victim-
Social and Legal Studies 28, no. 2 (2019):
179 201.
Seksual,Kekerasan Siber,Perkawinan Anak,Dan Keterbatasan Penanganan Ditengah Covid-
Journal of Chemical Informat and Modeling 138, no. 9 (2021): 1689 1699. he Preventions of Sexual Violences in Universities Through The Regulation
From The Minister of Education, Culture, Research, And Technology of Forensic Science 5, no. 3 (1975): 243 255.
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Sexual Violence Towards Women and Girls: The Result of a Systemic Gender Inequality and the Deep-Rooted Patriarchal Upbringing of Our Society Amara Farah Tahar
Sexual violence has been recognized as an increasingly alarming public health and social issue that women and children everywhere throughout the globe face. Estimates published by World Health Organization (WHO) indicate that globally about 1 in 3 of women worldwide have been subjected to either physical and/or sexual intimate partner violence or non-partner sexual violence in their lifetime. Although I fully acknowledge that sexual violence can happen regardless of gender, in this essay I will be focusing on the topic of sexual violence specifically towards women and girls as the result of a systemic gender inequality and the deep-rooted patriarchal upbringing of our society, which in turn fosters a culture of sexual victimization and perpetrator exoneration. Firstly, it is absolutely vital for us to face the truth that violence perpetrated against women is and always will be a political matter. Although sexual violence can also affect men, in most societies the victims are usually women and the aggressors are usually men (Khan 1998). The United Nations defines violence against women as "any act of gender-based violence that results in, or is likely to result in, physical, sexual, or mental harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life." The perpetrators may be partners, parents, relatives, neighbors and men in positions of power or influence. The most important social dynamic influencing sexual violence is the extent of subordination of women within a society (Seedat et al 2009). Sexual violence results in women enduring unfavorable treatment and experiencing prolonged trauma due to acts done by men as superior figures and holders of power in society, both economically and politically as well.
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A nationwide survey conducted by Central Bureau of Statistics (BPS) and commissioned by T (KPPPA) found that 1 in 3 Indonesian women suffered sexual violence in their lifetime. In 2021 itself, it is recorded that as many as 8,800 cases of sexual violence occurred from January to November. Sexual violence cases are also rampantly happening in educational institutions, such as universities and even religious boarding schools. In addition to that, the rise of advanced technology has also taken part in how sexual violence transformed itself into a more contemporary form. The phenomenon of technology-facilitated sexual violence (TFSV) is an increasing form of sexual violence where online technology is used as a medium to blackmail, coerce or harass another person. In this case, women and girls are the main targets of online digital sexualized violence. The most common form of TFSV is the non-consensual distribution of Revenge pornography involves the distribution or threat of distribution of an explicit image as a means of intimidating, silencing or otherwise extending power and control over victims (Henry and Powell, 2015). In Indonesia itself, revenge porn even has its own distribution system. There are thousand hundred of revenge porn compiled and posted to social media platforms such as Twitter and Telegram, where these contents are even commodified. Essentially, these pictures or videos of women and girls are non-consensually immortalized as a commodity by men online. Meanwhile in the past, sexual violence against women and girls had been done as a military tactic during war. This further proves how there is an obvious gender power play at all time and how it is entrenched in our society since three centuries ago. Even during the 1965-66 killings in Indonesia, sexual violence was used as a form of torture specifically towards women and girls. This is a very prominent historical aspect that we must constantly reflect upon. Nowadays, the most alarming problem regarding sexual violence cases is the biased attitude and unsympathetic response that most victims receive from law enforcements, health services, and even general public. The care for women and
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girls who are victims of sexual violence has many facets that are related to the police, the judiciary system, medical help, and mental health. Sadly, women and girls who had experienced sexual violence often lack the willingness to seek help, either medically or legally. A big contributing factor is that our patriarchal upbringing is too widely ingrained even throu judicial system, creating a misogynistic sentiment towards processing cases of sexual violence, even from fellow women. This situation has prevented women, especially victims, from being granted equal access to justice (Irianto 2009). It is unfortunate that the specific requirements of the justice system in order to identify and prosecute the aggressor frequently take priority o
. Take example the 2018 case of
Baiq Nuril, a 41-year-old bookkeeper who received sexually-suggestive phone calls from the head teacher in the school she worked in. She then began recording her calls for evidential support, which was then released to the internet without her permission by a third-party. Instead of treated as a victim of a possible sexual harassment case, Baiq was charged with violating Indonesia's Law on Information and Electronic Transactions (UU ITE). Moreover, the biased attitudes of health providers and the police, who tend to blame women for the violence, continue to discourage women from seeking help or reporting the incident. Based on the findings of Forum Pengadaan Layanan, only about 40% of sexual violence cases are reported to the police. Even more distressing, of the 40% of cases reported, only 10% are able to be processed to court. The main reason
that can adequately protect
victims of sexual violence. In 2016, The House of Representatives (DPR) had proposed a Draft Law on the Elimination of Sexual Violence (RUU PKS) which aims to protect victims of sexual violence and regulate comprehensive punishments for perpetrators. Unfortunately
further discussion and
ratification has always been postponed and shoved behind other state matters until this day.
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Another reason is that sexual violence victims are afraid of the social stigma that will surround them, as our society tend to blame women for what happened to them. As victims, women and girls are often accused of being the cause itself because of the way they dress, their body language, the way they socialize, or even because of their coincidental presence at a particular location. In this context, victims are also often accused of allowing or providing opportunities for sexual violence to happen for not having made the effort to put up a fight, or by positioning themselves in a situation where they can be easily assaulted by the perpetrator. These beliefs are extremely harmful, added up with the fact that there regulation that caters to these aspects of sexual victimization yet. It should be put into consideration shield law, which does not require the victim to prove that they resisted the attack. Hence, victim-blaming and discriminatory attitudes towards victims of sexual violence as well as perpetrator exoneration remains an unabating problem in Indonesia. Furthermore, I believe the main importance in preventing sexual violence cases towards women and girls is for all members of society to think critically and deconstruct the patriarchal nature of the culture we have grown up in. By doing so, the general public and the government can proceed to understand why these issues happen and how to prevent them from further extending itself throughout our institutions. Unlearning the preconceived notions about gender as well as its patriarchal values will be the first step to a safer and more inclusive society. The next step highlights the importance of the intervention of our government. Essentially, what our nation lacks is a more comprehensive legal framework that guarantees truth, justice, and recovery in order to prevent cases of sexual violence happening and to protect the victims. It is also crucial for this legal framework to include criminal sanctions imposed on law enforcers if they are negligent in handling cases of sexual violence. Conclusively, sexual violence perpetrated against women is a political matter and a deeply gendered social issue because it will always involve a gender
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power play. While sexual violence occurs and recurs, women and girls are the most obvious risk factor, with young women and adolescents most at risk. Exposure to objectification, discrimination, and ultimately violence are all results of a systemic gender inequality that places women and girls at a vulnerable position in society. I may not be an expert, but believe it is the deeply-rooted patriarchal upbringing of our society that extends this widely ingrained mindset that women are inherently subordinate to men, perpetuating the cycle of sexual violence and abuse along with a sustained systemic gender inequality, consequently fostering a culture of sexual victimization and perpetrator exoneration. To fully prevent and tackle it would require proactive participation from all members of society to uproot and unlearn the patriarchal values that has been entrenched in our culture and society, and for the government to provide a more comprehensive legal framework for sexual violence.
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Bibliography Astbury, Jill, and Rachel Jewkes. 2011. "Sexual Violence: A Priority Research Routledge Handbook of Global Public Health, 411-415. London: Routledge. Citron, Danielle Keats, and Mary Anne Franks. 2014. "Criminalizing Revenge Porn." Wake Forest Law Review 49: 345-391. CNN Indonesia. 2021. Marak Kekerasan Seksual Sepanjang 2021. December 29. Accessed February 1, 2022. https://www.cnnindonesia.com/nasional/20211223151929-20737872/marak-kekerasan-seksual-sepanjang-2021. Daly, Kathleen, and Brigitte Bouhours. 2010. "Rape and Attrition in the Legal Process: A Comparative Analysis." Crime and Justice 39: 57. Hajid, Silvano, Oki Budh, and Lara Owen. 2019. Baiq Nuril: The Indonesian woman jailed for sharing boss's 'harassment' calls. July 11. Accessed February 11, 2022. https://www.bbc.com/news/world-asia-pacific48935981. Facilitated Sexual Violence and Harassment Against Adult Women." Australian and New Zealand Journal of Criminology 48: 104-118. Heriyanto, Devina. 2019. Indonesia ranked second-most dangerous place for women in Asia Pacific: Study. March 6. Accessed February 10, 2021. https://www.thejakartapost.com/news/2019/03/06/indonesia-rankedsecond-most-dangerous-place-for-women-in-asia-pacific-study.html. Irianto, Sulistyowati. 2009. "Perlunya Pemahaman terhadap Hukum Berperspektif Perempuan Bagi Perwujudan Reformasi Hukum." In Buku Referensi: Penanganan Kasus-Kasus Kekerasan Terhadap Perempuan di Lingkungan Peradilan Umum, by Komisi Nasional Anti Kekerasan Terhadap Perempuan, 48. Jakarta: Komnas Perempuan. Khan, N. 1998. "Sexual and Physical Abuse: A Threat to Reproductive and Sexual Health." Sexual Health Exchange, 1: 1-3. Natasha, Valencia. 2021. 6 Isi dari RUU PKS yang Membuat Pengesahannya Jangan Ditunda-tunda. June 6. Accessed February 11, 2022. https://www.idntimes.com/life/women/valencia-natasha/6-isi-dari-ruu-pksyang-membuat-pengesahannya-jangan-ditunda-tunda-c1c2/6. Seedat, M., A. Van Niekerk, R. Jewkes, S. Suffla, and K. Ratele. 2009. "Violence and Injuries in South Africa: Prioritising an Agenda for Prevention." The Lancet 374: 1, 11-22.
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United Nations. 1993. "Declaration on the Elimination of Violence Against Women." New York: UN. World Health Organization. 2004. Preventing Violence: A Guide to Implementing the Recommendations of the World Report on Violence and Health. Geneva: WHO.
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What If I Were a Government or Society Gumiwang Tri Anugrah Abstract Sexual violence has been one of the issues that always prompts a heated argument between those who believe that the fault goes all for the doer and those who will not think twice to point their finger at the victim. It has also been a common fact and understanding that sexual violence has increased these past years instead of decreasing. Many researchers have studied sexual violence to figure out what we can do as a society to help those who could not dodge the bullet and hence suffer from the post-traumatic event. This essay highlights why we should give all of our attention and empathy towards the victims and not the perpetrator. Keywords: Sexual Violence; Victims; Empathy. Definition of Sexual Violence When an individual or a group forces or manipulates someone else into their desired sexual activity without receiving any consent, it can be categorized as sexual violence.11 When addressing sexual violence, we cannot exclude one gender and blame them. However, the outcome of the research done by the United States Department of Justice showed that the percentage of female victims is about 91% and 9% for male victims.12 One of the most commonly used defenses by the perpetrator in the court is that they claim the victim already given their consent in such a way, and this kind of reason can save them primarily when they used to be tied together in any relationship or when the victim is intoxicated. Regardless, we should not let perpetrators go free without facing a fair trial due to the reason that consent should be given straight, explicit, and they are under no fear or influence by a person or intoxicated things. 13 11
Finkelhor, D., Hotaling, G., Lewis I.A., & Smith, C. Sexual abuse in a national survey of adult men and women: Prevalence, characteristics, and risk factors. Child Abuse & Neglect, 14, (1990): 19-28. 12 U.S. Department of Justice Violence Against Women Report," 2002. 13 -Sexual Violence Feminism and Psychology 24, no. 3 (2014): 373 89.
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Victims Struggle Fighting for justice as a victim of sexual violence can be challenging because sometimes the court starts questioning their credibility instead of reassuring the victim. For example, when their demeanor fits what society labeled as 'promiscuous,' the court tends not to take the case as seriously as the others. 14 Another reason the court did not consider the case is because when the victim did not disclose everything that happened on the day of the incident, they will conclude or suspect that the victim did not tell the truth.15 We should bear in mind that it is better to trust possible victims rather than believe potential perpetrators because they already suffered enough burden by the constant reminder on their mind regarding what happened that day; they do not need any hesitation about whether they are telling the truth or not. Victims also withstand aftermath such as trauma that can take form in the long or short term and physically or psychologically. 16 These traumas can be caused by different natures, such as the nature of the assault, how long the violence lasted, and the relationship between the victims and perpetrators. 17 If we put ourselves in their shoes, I believe that justice and support are all we want.
kinds of actions did not condemn the perpetrators and constitute as victimblaming. Silent Survivors For those who were fortunate enough not to ever occur in any sexual violence incident, one thing that will cross their minds when hearing about other 14
R. v. A.G. Supreme Court of Canada. Judgment. Application No. 26924. (13 April 2000).
15 16
Chivers-Wilson, K. A. Sexual Assault and Posttraumatic Stress Disorder: A Review of the Biological, Psychological and Sociological Factors, and Treatments. McGill Journal of Medicine, 9, no 3 (2006): 111-118. 17 Daane Criminal Justice System." Durham, NC: Carolina Academic Press .
(2005): 113-131 13
crimes is to report them to law enforcement. The idea of having law enforcement such as police is to give you protection and bring you justice. 18 However, sometimes things are not as simple as it seems. The National Crime Victimization Survey in 2005 showed that only 38% of sexual assault was eventually reported to the police.19 There are, of course, reasons behind it. Few of it being; (1) They did not want the perpetrator to go to jail, (2) They have a previous relationship with the perpetrator, (3) and that the police will try to blame them. 20 We do not know what is going on in the victim's head that does not want the perpetrator to be put in jail. The majority of us can agree that people who can do such things and have already proven they did deserve to be put in government surveillance and not just roaming free on the streets. Nevertheless, one thing is for sure, and if I were in their situation, I would deeply appreciate it if I decided to come forward to demand justice; law enforcement has my back. That they will not overlook my suffering just because I do not have a job that they then can deem as 'ideal witness.'21 If we can say whether or not someone is an 'ideal witness,' can we also state whether or not they are 'ideal victims Conclusions In conclusion, I would like to emphasize the risk of letting perpetrators of sexual violence roam free and why victims need no judgment from others who knows nothing about their sorrow. The victim of sexual violence deserved their portions of justice. However, they also deserved to go at their own pace. We cannot force them to stand in court and relive the worst day of their lives to feel like they are the ones who were put on trial. 22 Women, for example, had already faced pressure all of their lives about maintaining their sexual reputation, which makes them feel like they have an obligation to be submissive when someone 18
National Institute of Mental Health, Center for Studies of Crime and Delinquency 1 (1970): 243. 19 Sedgwick JL. Criminal victimization in the United States, 2005: statistical tables (NCJ 215244). BJS Bulletin; December 2006. 20 Ibid. 21 Annals of Family Medicine 15, no. 1 (2017): 77 79. 22 Ibid.
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conducts sexual actions towards them. 23 They do not need us, the spectators, to put the weight on their shoulders.
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and Contradictions: A Call for Pursuit - The Journal of Undergraduate Research at the University of Tennessee 8, no. 1 (2017): 16.
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Bibliography -Sexual Feminism and Psychology 24, no. 3 (2014): 373 89. Background Factors, Curre
National
Institute of Mental Health, Center for Studies of Crime and Delinquency 1 (1970): 243. Chivers-Wilson, K. A. Sexual Assault and Posttraumatic Stress Disorder: A Review of the Biological, Psychological and Sociological Factors, and Treatments. McGill Journal of Medicine, 9, no 3 (2006): 111-118. Daane, D. M. The Ripple Effects: Secondary Sexual Assault Survivors." In F. P. Reddington & B. W. Kreisel (Eds.), Sexual Assault: The Victims, the Perpetrators, and the Criminal Justice System." Durham, NC: Carolina Academic Press. (2005): 113-131 Finkelhor, D., Hotaling, G., Lewis I.A., & Smith, C. Sexual abuse in a national survey of adult men and women: Prevalence, characteristics, and risk factors. Child Abuse & Neglect, 14, (1990): 19-28 Majest, Sa, Reine Intim, and Convicted Intervenants. "The Attorney General of Canada, the Attorney General of Manitoba, the Attorney General of British Columbia, the Attorney General for Alberta, the Criminal Lawyers ' Association ( Ontario ), the Innocence Project, and the Association in Defence of the W," 2000. R. v. A.G. Supreme Court of Canada. Judgment. Application No. 26924. (13 April 2000). ons: A Pursuit - The Journal of Undergraduate Research at the University of Tennessee 8, no. 1 (2017): 16. Sedgwick JL. Criminal victimization in the United States, 2005: statistical tables (NCJ 215244). BJS Bulletin; December 2006.
16
U.S. Department of Justice. "Violence Against Women Report," 2002. Annals of Family Medicine 15, no. 1 (2017): 77 79.
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