Langsa Shari'a Court Decision No. 5 of 2016: Incestuous Rape of a Minor

The prosecution submitted that the accused had raped the 13-year old victim, his own biological daughter, contrary to arts 49, and 1(30) and (25) of Aceh Qanun No. 6 of 2014 on Criminal Law, on a day in October 2015 at around 4.00pm, and then again on 5 November 2015 at around 4.30pm. The prosecution submitted that upon learning that his daughter had been physically intimate with her own step-father, the accused visited her at his sibling's home, where she was living, and raped her on at least two occasions. On the first occasion, the accused allegedly told the victim that he was raping her because she was no longer virginal ('udah hancur'), that she therefore had ruined her future, and that he would take her to Medan where she could become a prostitute ('lonte'). On the second occasion, on 5 November 2015, the accused again allegedly raped the victim while threatening her that he would either kill her or send her to Medan to become a prostitute.

A medical report submited by the prosecution revealed that the victim had been raped on several occasions. The prosecution submitted that, pursuant to arts 49, and 1(30) and (25) of Aceh Qanun No. 6 of 2014 on Criminal Law, the prescribed punishment for incestuous rape is either between 150 and 200 strokes of the cane, a fine of between 1500 and 2000 grams of pure gold, or a prison sentence of between 150 and 200 months. The prosecution requested, therefore, that the accused be imprisoned for 16 years.

The court acknolwedged that the charge was one of rape, rather than zina (sexual relations out of wedlock), meaning that the evidentiary burden contained in Aceh Qanun No. 7 of 2013 on Criminal Procedure applied, rather than that of four witnesses, as in cases of zina. Moreover, as Aceh Qanun No. 6 of 2014 prescribed a ta'zir punishment for rape, the court was of the opinion that a prison sentence would reduce the chances of the accused reoffending. In sentencing the accused to 15 years' jail, less time already served on remand, the court also acknowledged the seriousness of the offence and the need to protect children from such abuse, citing Law No. 35 of 2014 on Amendments to Law No. 23 of 2002 on Child Protection.

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