Fornication as criminal act, Women's Vulnerability and the Stigma against Women's Movement

2018 ◽  
Vol 23 (2) ◽  
pp. 107
Author(s):  
Mariana Amiruddin
Keyword(s):  
Sexual Violence ◽  
Women Victims ◽  
Criminal Code ◽  
Sexual Relationships ◽  
Analytical Tool ◽  
Personal Relationships ◽  
Feminist Movement ◽  
Private Sphere ◽  
Women's Lives ◽  
Criminalized Women

<p>The paper explains how criminal code of zina (fornication) criminalized women victims of sexual violence. The data of Komnas Perempuan's Annual Records and the direct complaint from the victims can illustrate that women's personal relationships are particularly vulnerable to violence. The theories of feminism are used as an analytical tool of women's lives and their problems in the private sphere, including in terms of sexual relationships and love, whether married or not. This paper concludes with the challenge of the stigma of the feminist movement, as a movement considered to be opposed to morality and religion, and it is not just happen in Indonesia.</p>

scholarly journals Tindak Pidana Pemerkosaan dalam Perspektif Perlindungan Hukum Perempuan

2020 ◽  
Vol 1 (2) ◽  
pp. 191-196
Author(s):  
Teo Dentha Maha Pratama ◽  
Anak Agung Sagung Laksmi Dewi ◽  
Ni Made Sukaryati Karma
Keyword(s):  
Domestic Violence ◽  
Sexual Violence ◽  
Women Victims ◽  
Legal Protection ◽  
Criminal Code ◽  
Legal Regulations ◽  
Criminal Sanctions ◽  
Legal Perspective ◽  
Domestic Violence Law

A criminal act refers to an act that is prohibited by legal regulations accompanied by threats in the form of sanctions such as the application of certain crimes. The criminal act of rape in the Criminal Code is included in the category of decency. Criminal acts of rape can be referenced from the Book II of the Criminal Code. In this regard, this study focuses on two issues: (1) legal protection of women victims of rape from a women’s legal perspective and (2) criminal sanctions against perpetrators of the criminal acts of rape against women. This study makes use of the normative method because there is an empty norm. Legal protection for women as victims of rape correlatable in Article 285 of the Criminal Code Paragraph (1) and Paragraph (2) as well as the Domestic Violence Law (KDRT) Number 23 of 2004 Article 46 concerning Sexual Violence in the household. This regulation only regulates the sanctions for perpetrators of the acts of rape against women. Sanctions for perpetrators of the rape against women are regulated in Article 285 Paragraph (1) and Paragraph (2) which can also be seen in Law Number 23 of 2004 Article 46 concerning the Elimination of Domestic Violence with imprisonment or the same fine.

scholarly journals Kekerasan Seksual Terhadap Perempuan: Realitas dan Hukum

2020 ◽  
Vol 14 (1) ◽  
Author(s):  
Elizabeth Siregar ◽  
Dessy Rakhmawaty ◽  
Zulham Adamy Siregar
Keyword(s):  
Sexual Violence ◽  
Women Victims ◽  
Violence Against Women ◽  
Criminal Code ◽  
Gender Justice ◽  
Public And Private ◽  
Different Dimensions ◽  
The Law ◽  
Almost All ◽  
Sense Of Justice

Violence against women is a crime that almost occurs in all cultures and countries that occur both in public and private spaces. Based on Komnas Perempuan's annual records, almost all regions of Indonesia committed these crimes. The most common violence is sexual violence. In Jambi, during the period of 2017-2019 there were several cases of rape and sexual abuse and other violence. And what's interesting is that some cases have other dimensions of action that are actually important to study how the application of the law to the event. This research is empirical, because it examines facts or legal events by then examining how the application of the law. From the results of the study showed that, the type of sexual violence decided by the judge, generally related to the crime of rape and molestation as contained in the Criminal Code. In the imposition of sanctions, none of the judges has given the maximum sentence, even though the trial proved guilty. In the case of the application of the law, law enforcers in this case prosecutors and judges guide the Criminal Code, which indeed includes rape and molestation arrangements. Although in reality the actual cases have different dimensions of action (more than one) and deserve to be given threats that are in accordance with the perpetrators' actions. In this case, there is a legal vacuum that actually results in uncertainty in fulfilling a sense of justice for women (victims). So it is important to reform the provisions regarding sexual violence by adopting the value of protecting women and accommodating the wisdom principle of the Indonesian nation namely Pancasila and accommodating the principles of gender justice  

Intimate Partner Sexual Violence: Cortisol Levels in Women Victims and their Children

2014 ◽  
Author(s):  
Mariana G. Boeckel ◽  
Ledo Daruy-Filho ◽  
Manuela Martinez ◽  
Thiago Viola ◽  
Rodrigo Grassi-Oliveira
Keyword(s):  
Sexual Violence ◽  
Women Victims ◽  
Intimate Partner ◽  
Cortisol Levels

scholarly journals What do we know about the impact of sexual violence on health and health behaviour of women in Estonia?

2020 ◽  
Vol 20 (1) ◽  
Author(s):  
Hedda Lippus ◽  
Made Laanpere ◽  
Kai Part ◽  
Inge Ringmets ◽  
Helle Karro
Keyword(s):  
Sexual Violence ◽  
Violence Against Women ◽  
Negative Impact ◽  
Population Based ◽  
Sexual Relationships ◽  
Public Health Issue ◽  
Scientific Publications ◽  
Cross Sectional ◽  
Sexual Behaviours ◽  
The Impact

Abstract Background Sexual violence against women is a major public health issue and a breach of human rights. Although various consequences of sexual violence on health have been described in a large number of scientific publications, very little is known about this topic in Estonia. The aim of this study was to examine the prevalence of sexual violence and associations between exposure to sexual violence and risky health and sexual behaviours among women in Estonia. Methods A population-based cross-sectional study was carried out in Estonia in 2014. Self-reported data regarding selected indicators of risky health and sexual behaviours were collected from 1670 women, aged 18–44 years, via a self-administered questionnaire. To measure the prevalence of sexual violence, questions from the NorVold Abuse Questionnaire were included. Chi-square and multivariate logistic regression were used to analyse the data. Results Of the respondents, 22.7% (n = 379) reported being exposed to sexual violence during their lifetime, and over half of these women had had these experiences before the age of 18. Statistically significant associations were found between sexual violence and smoking (adjusted odds ratio (AOR) 1.32, 95% CI 1.03–1.70), alcohol consumption (AOR 1.52, 95% CI 1.18–1.95), illicit drug use (AOR 2.21, 95% CI 1.70–2.89), sexual intercourse for money or other material reward (AOR 3.51, 95% CI 1.62–7.61), concurrent sexual relationships (AOR 2.64; 95% CI 1.80–3.86), and being diagnosed with sexually transmitted infections (AOR 1.48, 95% CI 1.09–2.01). Conclusions In Estonia, sexual violence against women is widespread and is associated with several risky health and sexual behaviours. Efforts should be made, both among the general public and professionals, to raise awareness regarding the prevalence and negative impact of sexual violence. Women who have been exposed to sexual violence are in need of professional medical, legal and psychological help free from prejudice to help them recover from such traumatic events.

scholarly journals Countertransference in the initial visit of women victims of sexual violence

2010 ◽  
Vol 33 (1) ◽  
pp. 16-22 ◽  
Author(s):  
Mariana Eizirik ◽  
Sidnei Schestatsky ◽  
Letícia Kruel ◽  
Lúcia Helena Freitas Ceitlin
Keyword(s):  
Sexual Violence ◽  
Personality Disorders ◽  
Women Victims ◽  
Clinical Characteristics ◽  
Inverse Correlation ◽  
Psychological Trauma ◽  
Defense Style ◽  
Defense Style Questionnaire ◽  
Differential Pattern ◽  
Female Therapists

OBJECTIVE: To identify demographic and clinical correlates associated with therapists' countertransference feelings on the first visit of women victims of sexual violence. METHOD: Forty patients were seen by 26 therapists, during 2 consecutive years, at the Center for the Study and Treatment of Psychological Trauma, Hospital de Clínicas de Porto Alegre , Brazil. After the first visit with the patient, the therapist completed the Assessment of Countertransference Scale and the patient was evaluated with the Davidson Trauma Scale, the Standardized Assessment of Personality - Abbreviated Scale, the Beck Depression Inventory, and the Defense Style Questionnaire. RESULTS:The therapists showed a predominance of feelings of closeness (Mean = 5.42, SD = 1.25) in relation to the feelings of indifference (Mean = 1.82, SD = 1.22) and distance (Mean = 1.57, SD = 1.08) [p < 0.001]. Multivariate analyses did not present significant associations between countertransference feelings and clinical characteristics of patients. The gender of the therapists did not influence the pattern of countertransference feelings. In the subgroup of female therapists, we detected an inverse correlation between a higher probability of patients' personality disorders and feelings of closeness in the therapists. CONCLUSION: We did not detect a differential pattern of countertransference feelings associated with specific clinical characteristics. Therapists of both genders presented a similar pattern of feelings of empathy towards women victims of sexual violence, although the gender of the therapist may moderate the feelings evoked by patients with increased likelihood of personality disorders.

scholarly journals SEXUALLY TRANSMITTED INFECTIONS AMONG ADOLESCENT AND ADULT WOMEN VICTIMS OF SEXUAL VIOLENCE IN THE METROPOLITAN REGION OF SÃO PAULO, BRAZIL

2020 ◽  
Vol 35 ◽  
pp. e000320
Author(s):  
Jefferson Drezett ◽  
Maria Misrelma Moura Bessa ◽  
Vitor Engrácia Valenti ◽  
Fernando Adami ◽  
Luiz Carlos de Abreu
Keyword(s):  
Sexual Violence ◽  
Sexually Transmitted Infections ◽  
Women Victims ◽  
Sao Paulo ◽  
Metropolitan Region ◽  
Adult Women ◽  
São Paulo ◽  
Sexually Transmitted

scholarly journals Rape in Finnish criminal law and process - A discussion on, and beyond, consent

2021 ◽  
Vol 8 (2) ◽  
pp. 21
Author(s):  
Daniela Alaattinoğlu ◽  
Heini Kainulainen ◽  
Johanna Niemi
Keyword(s):  
Sexual Violence ◽  
Criminal Law ◽  
Research Team ◽  
Structural Changes ◽  
Criminal Code ◽  
Societal Change ◽  
Legal Practice ◽  
Sexual Offences ◽  
Criminal Process ◽  
The University

Chapter 20 of the Finnish Criminal Code, which regulates sexual offences, is currently undergoing structural changes. Focusing on the section of rape, this article investigates the amendments proposed by the Ministry of Justice in 2020 in the light of the current Finnish legislation, legal practice, supranational normative developments and societal change. Lessons are drawn from a recent research project about the attrition of sexual violence in the Finnish criminal process by a research team at the University of Turku. The article welcomes the increased emphasis on voluntariness, contextuality, power imbalances and communication in the suggested draft law. It also criticises some weaknesses of the draft legislation. Conclusively, it proposes further action to improve legal clarity and strengthen the enforcement of a new legal conceptualisation of sexual violence.

scholarly journals Abortion by Rape Victim: A Dilemma in the Drat of Penal Code and Indonesian Health Law

2020 ◽  
Vol 1 (4) ◽  
pp. 631-640
Author(s):  
Fikri Ariyad ◽  
Ali Masyhar
Keyword(s):  
Reproductive Health ◽  
Women Victims ◽  
Government Regulation ◽  
Psychological Trauma ◽  
Criminal Code ◽  
Penal Code ◽  
Health Law ◽  
Rape Victims ◽  
Medical Emergencies ◽  
The Government

In this present time, the debate about abortion in Indonesia is increasingly crowded. Abortion is also carried out by women - victims of rape to reduce the burden they suffered. The regulation on abortion in Indonesia has been regulated in the statutory regulations, namely the Criminal Code, especially in Article 346, Article 347, Article 348, and Article 349. In the RKUHP (Draft of Criminal Code), abortion regulation is regulated in two chapters namely, Chapter XIV Article 501 and Chapter XIX Articles 589, 590, 591, 592. In addition, the government has also issued several regulations governing abortion such as Government Regulation No. 61 of 2014 concerning Reproductive Health and also Law No. 36 of 2009 concerning health. However, the various regulations that exist between the Criminal Code, RKUHP, PP and the Act actually contradict to each other. There is no synchronization between the regulations regarding abortion by women rape victims. The KUHP and RKUHP clearly do not allow abortion in Indonesia and do not legalize it without any exception, including abortion carried out by women victims of rape. Whereas in Law Number 36 of 2009 concerning health, abortion can be carried out on an indication of medical emergencies and pregnancy due to rape that causes psychological trauma, so abortionists cannot be prosecuted as criminal.

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