Women and Justice: Keywords

Domestic Case Law

Decision No. 29/Pid/B/2017/PN.Tul Tual District Court (2017)

Sexual violence and rape

The Defendant committed the offence of creating and disseminating pornographic material. The Defendant threatened the victim with physical harm and forced the victim to take off her clothes to allow the Defendant to film her. The victim put up verbal resistance that prompted the Defendant to slap her and to forcibly take off the victim’s clothes. The Defendant then proceeded to take pictures of the naked body of the Defendant then forced the victim to perform oral sex on the Defendant. The Supreme Court decided that the Defendant was guilty of creating pornography which explicitly showed nudity and sentenced the Defendant to imprisonment for one year and three months and a fine of Rp. 500,000,000. If the fine is not paid then the Defendant will face further imprisonment for an additional three months. Under Indonesian Law only acts that involve vaginal penetration are defined as rape.



X. v. Y., BGE 131 IV 167 Supreme Federal Court (2005)

Divorce and dissolution of marriage, Domestic and intimate partner violence, Sexual violence and rape

Y. was married to X. until 1993. After the divorce, he continued to live with his former wife until March 2001, when he moved into his own flat. The former spouses continued their sexual relationship until September 2, 2001, after which they finally separated. From September 21 to October 12, 2001, Y. sent X. a large number of messages demanding that she perform certain sexual acts and threatening her. X. finally consented to the sexual acts demanded - including sexual intercourse and filming a sex tape. X. was forced to film pornography and suffered sexual abuse for about two months. Initially, the Winterthur Court condemned Y. to sixteen (16) months in prison for sexual coercion and rape. On appeal, the prison sentence was reduced to four (4) months, but Y.’s culpability was firmly reiterated. Y. appealed to the Supreme Federal Court, claiming that the threats to X. were not as severe as the prosecution had claimed. This appeal was rejected by the Supreme Federal Court, and the sentence of four (4) months remained in place.



Legislation

Anti-Pornography Act of 2014 (2014)

Gender discrimination, Statutory rape or defilement

The Anti-Pornography Act (“APA”) bans creation, publication, distribution, and abetting of pornography and child pornography.  It also creates a nine-member council to handle pornography issues, including public education, maintaining a registry of offenders, and destruction of seized materials.  Human rights groups have expressed concerns that the language defining pornography as “any representation through publication, exhibition, cinematography, indecent show, information technology or by whatever means, of a person engaged in real or stimulated [sic] explicit sexual activities or any representation of the sexual parts of a person for primarily sexual excitement” is overly broad and could lead to confusion.  For example, some organizations have nicknamed it Uganda’s “mini-skirt ban” because “any representation of the sexual parts of a person for primarily sexual excitement” could be interpreted as applicable to revealing clothing.