Child Rapist Sentenced Free, Prosecutor Files Cassation To MA

Illustration/Between

BANDA ACEH - The Public Prosecutor (JPU) of the Aceh Besar Kejari has submitted an appeal to the Supreme Court (MA) against the acquittal of the accused rapist of a biological child with the initials SUR (45) by a judge of the Aceh Syar'iyah Court.

"Last Monday we declared the cassation, and we will send the memorandum of cassation this week," said the Head of Subsidy for the Penkum Kejari Aceh Besar Ardiansyah, in Aceh Besar, quoted by Antara, Tuesday, October 12.

Previously, the Aceh Syar'iyah Court acquitted the accused child rapist in Aceh Besar with the initials SUR (45). The defendant is the biological father of the victim.

The verdict of acquittal under Number 22/JN/2021/MS Aceh was read out by the judge during the appeal hearing which took place at the Aceh Syar'iyah Court, Tuesday, September 28.

Whereas previously, at the trial in the first instance the defendant SUR was convicted by the Jantho Aceh Besar Syar'iyah Court with a sentence of 180 months in prison, and finally he appealed to MS Aceh.

Ardiansyah saw that the acquittal was only due to differences of opinion between the judges of the Jantho Aceh Besar Syar'iyah Court and the Aceh Province Syar'iyah Court in looking at this case.

Then, said Ardiansyah, legally his party saw that there was evidence of the victim's statement which did not come to the attention of the Aceh Syar'iyah Court, such as evidence of visum et repertum.

"Legally, we see that the visum et repertum is not considered as evidence," said Ardiansyah.

To note, the acquittal was decided by the judge with several considerations including stating that the results of the visum et repertum conducted by medical experts cannot be denied.

However, the expert's statement stated that the forced rape had occurred more than five days from the date of the post-mortem examination, so it can be understood that the damage to the blood membranes of the victim's child was before January 14, 2021 (before the allegation occurred).

In addition, the expert explained that he could not confirm the blunt object used to injure the victim's child. Furthermore, the expert did not explain the perpetrator who took the action that resulted in injury to the hymen of the victim's child.

Accordingly, the Aceh Syar'iyah Court is of the opinion that the results of the visum et repertum cannot be used as evidence that the defendant has committed a rape crime as indicted by the Public Prosecutor.