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An Indonesian Rape Victim Is Cleared of Illegal Abortion Charges

The 15-year-old was earlier jailed for terminating her pregnancy, outraging human rights activists.
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Back alley abortions are common in Indonesia, where the act is considered illegal. Photo from Unsplash.

The Supreme Court of Indonesia has dropped all illegal abortion charges against a teenage rape victim from Jambi, Indonesia.

The teen was initially sentenced to jail in 2018 but was subsequently acquitted by the Jambi High Court following widespread criticism of the verdict. However, the prosecutor of the case appealed those charges with the Supreme Court.

She was initially sentenced to six months of imprisonment and three months of community service at a juvenile rehabilitation institute. She served one month behind bars before her acquittal last August.

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The teen's lawyer, Damar Idiyanto, has confirmed that the Supreme Court’s final decision also clears the mother who was facing a separate group of charges. The teen was arrested after authorities found a male fetus at a palm oil plantation in her province. The victim’s 18-year-old brother perpetrated the attack. The abortion was carried out six months after her pregnancy was discovered.

“The abortion law in Indonesia makes it almost impossible to protect women,” a Jakarta-based activist, Tunggal Pawestri said when news of the arrest broke. “The law is completely useless for victims who have been traumatized.”

Human rights activists all over the world vocalized their outrage when the news initially broke out, emphasizing that the girl was a victim of rape. Amnesty International Indonesia and the Institute for Criminal Justice Reform called for the immediate and unequivocal release of the girl. Other activists condemned the culture of victim-blaming in the country.

The laws regarding rape in Indonesia are controversial, particularly when it comes to the number of deaths that have resulted from illegal abortions. The country prohibits abortion unless the woman in question is facing medical risk. Certain incidents of rape also allow for an abortion to be carried out. But, more commonly, abortions aren’t legally permitted.

Back alley abortions are, therefore, frequent in Indonesia. These operations deliver life-threatening health risks; in a 2013 World Health Organization report, it was found that abortions count for 30 to 50 percent of maternal deaths. For many, taking the illegal route is the only viable option.

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