Warning: Article contains explicit descriptions of sexual violence. Potential to trigger trauma.
Victim S, a 16 year old woman, is a high school (SMA) student in Muara Sikabaluan village, North Siberut District, Mentawai Islands. S, who comes from Sigapokna village, West Siberut District, had to take a boat across the sea for about 3 hours to arrive at Pokai port in North Siberut. From Pokai, take another motorbike for about 30 minutes to school.
There is no public transportation between villages, let alone between sub-districts. You still have to cross the bay and sea by chartered boat or on a merchant's boat that doesn't have a definite schedule. This condition requires S to live in a boarding house because the school does not provide dormitory accommodation. Not to mention the internet network which is still very minimal in the area.
March 23 2023 was the most painful day for S. Where he experienced acts of sexual violence committed by four men in the area. This incident started when S went alone to the elementary school (SD), 300 meters from his boarding house, to access the wi-fi network at seven in the evening. S accessed the internet network for four hours there until it was eleven o'clock at night. Because he was afraid to go home alone, S decided to stay overnight at his friend's boarding house which was across the street from the school.
He passed an empty shop, where four adult men were sitting to access the internet network from the elementary school. S was unaware of their presence because it was dark. However, the four men who saw S walking past them, started seducing and forcing S to sit with them to access the shared internet network. "I refused," said S. However, the four perpetrators remained adamant until finally they forcibly took S back to the school environment which had minimal lighting.
Here, the perpetrator fondled the victim's body, forced the victim to look at and hold the perpetrator's genitals and forced him to perform oral sex. The four perpetrators intended to commit rape, but because there were no open rooms in the school, the perpetrators abandoned their intentions.
The next day, at half past six in the morning, the perpetrator released S and threatened the victim not to report it to anyone. S returned to his boarding house with his body a mess and his eyes swollen from crying. Seeing S's condition, his boarding house friend was confused and asked what really happened to S. Still afraid, S didn't tell his friend anything.
A few days after the incident, S dared to tell his boarding house friend, with a note not to tell anyone. Feeling sorry, S's friend finally told S's parents about this incident.
The steep road to justice for victims of sexual violence
After S's parents learned about what happened to their daughter, they reported this incident to the Sikabaluan Police. The police asked for a post-mortem. After a post-mortem, the results showed that there were no lacerations on the victim's genitals. This is what makes the Sikabaluan Police reluctant to follow up on the case and suggests that it be resolved using customary law.
On April 6 2023, the Sikabaluan police mediated between the victim's family and the perpetrator in a customary law trial. As a result, the victim and perpetrator signed a peace agreement letter where the perpetrator had to pay restitution of thirty million rupiah to the victim. However, the perpetrator did not comply with the agreement and only paid a fine of fifty percent of the agreed customary fine. Seeing this, the victim's family again intended to continue the police report that had been made previously.
The Citra Mandiri Mentawai Foundation (YCMM) became aware of this case as of April 11 2023 and is advocating for law enforcement in handling cases and protecting victims. YCMM formed a coalition with the Padang Legal Aid Institute (LBH), Conscience Women Women Crisis Center, West Sumatra Mentawai Student Forum (FORMMA) and the Padang Youth Group.
Advocacy steps have been taken, one of which is building coordination and cooperation with the Mentawai Islands Regional Technical Implementation Unit for the Protection of Women and Children (UPTD PPA) for the protection, recovery and empowerment of victims.
Then took a persuasive approach with the Sikabaluan Police Chief to support formal law enforcement in this case even though customary law had previously been implemented. However, the police under the pretext of many obstacles in handling sexual violence cases in Mentawai, including; local customs, did not provide a positive response.
A Fresh Breeze of Justice for Victims of S
Through a press release made by the coalition on May 5 2023, it attracted the attention of various print and electronic media to provide news coverage of this case. May 11 2023, the coalition officially wrote to the Sikabaluan Police to immediately carry out their duties. It didn't stop there, on the same day, YCMM was invited to the Classy FM radio talk show which also presented the West Sumatra PPA UPT and the West Sumatra Regional Police and made this a good opportunity to encourage the police to provide a safe and fair space for victims of sexual violence.
The West Sumatra Regional Police also promised to provide assistance to the Sikabaluan Police so that the sexual violence case experienced by S was processed legally. Finally, in May 2023, the Sikabaluan Police sent a Notice of Commencement of Investigation (SPDP) to the Mentawai Islands District Prosecutor's Office. LBH Padang officially becomes the attorney for victim S and his family so that the law enforcement process runs smoothly.
In mid-July, the Sikabaluan Police handed over the four suspects to the Mentawai Islands District Prosecutor's Office and sent a letter to the Sikabaluan Sector Police Chief regarding Assistance in Summoning Witnesses to attend the first trial on August 24 2023 at the Padang District Court. Victim S and his father were also on the list of witnesses summoned.
YCMM collaborated with UPTD PPA Mentawai Islands, facilitating the arrival of victim S and his father from Mentawai to Padang. Also, the day before attending the trial, victim S and her father were given guidance and strengthening by YCMM, LBH Padang and Nurani Perempuan to face the trial. One of them is about how to convey good, honest and consistent information.
The trial was closed to the public. Victim S and his father were only accompanied by legal counsel and the Mentawai Islands UPTD PPA social worker. After finishing giving their statement, victim S and his father left the courtroom. Outside the room, the victim felt relieved that she had been able to provide information in front of the judge and prosecutor about the sexual violence she experienced. Moreover, the victim felt relieved because the four perpetrators were asked to leave the courtroom when the victim gave his statement.
With the holding of this trial, the four perpetrators were named as suspects and they admitted their actions. The trial, which lasted for about two hours, was then postponed to continue on August 31 2023. The Mentawai Islands UPTD PPA legal team and social workers agreed with the public prosecutor to continue to accompany and follow the subsequent trial process until the judge's verdict was handed down.
YCMM and the coalition hope that this trial can provide valuable lessons for many parties and society to work together to respect the rights of women, children and indigenous communities and provide a safe and fair space for victims of sexual violence.
