Elementary school students go on trial for rape

Published By The Jakarta Post - July 11, 2006

The Trenggalek District Court in East Java on Monday began the trial of four fifth-grade elementary students accused of raping a female classmate.

The underage suspects appeared alarmed by the many visitors who crowded outside the court. The suspects covered their faces with jackets or hats. The closed proceeding lasted 40 minutes and took place in a tense atmosphere.

Due to their age, the suspects are being identified only by their initials and ages as Dms, 12, Snd, 11, Ptt, 11 and Kkh, 11. They were transported to the court from the Trenggalek penitentiary in a police car.

As soon as they arrived, they were escorted to the detention room at the back of the building. Onlookers could see into the open detention room, however.

Many people in the crowd, including court officials and reporters, appeared eager to watch the proceedings.

Most of the visitors saw the suspects arrive.

"So there are the rapists ... but they're all still small," said one member of the crowd after seeing them in the detention room. One of the four suspects sometimes peeked through the jacket that covered his face.

At 10 a.m. the four were brought into the courtroom. Although the trial was declared closed to the public, visitors could still follow the proceedings through the glass door. The suspects were accompanied by three legal advisors from the Surabaya Children's Crisis Center, Edward Dewaruci, Hari Supriadi and Budi Cahyono. One member of each suspect's family was allowed to enter the courtroom.

The trial was presided over by Lilik Nuraeni, who tried to avoid presenting a frightening appearance, in accordance with the rules for children's trials. None of the judges wore robes; nor did prosecutor Wiryaningtyas, who read the charges. The four were accused of violating Article 82 paragraph 290 of the Criminal Code on sexual harassment of under age children.

The four students reportedly raped a female classmate in March. The victim has since been moved to a relative's house.

"The four said they understood the accusations in this trial," one of the judges, Didi Ismiatun, said afterwards. He added that the evidence would include three pairs of underwear.

Didi said the trial was adjourned until Thursday, when lawyers will respond to the charges.

The head of the suspects' legal team, Dewaruci, said the trial deviated from existing procedures and did not provide sufficient protection for the children. The alleged deviations included detaining the underage children in an adult detention room and in a room visible to onlookers. Furthermore, he said, the indictment was unclear.

"All the deviations will be included in our response to the indictment," Dewaruci said.