Final Draft Of RKUHP: Rape Of Wife Can Be Sentenced To 12 Years In Prison

UNSPLASH ILLUSTRATION

JAKARTA - The draft of the Draft Criminal Code (RKUHP) describes the types of rape whose perpetrators can be punished for 12 years. One of them, the rape alluded to is in a marital relationship.

"Anyone who by force or threat of violence forces someone to have sexual intercourse will be punished for committing rape, with a maximum imprisonment of 12 years," Article 477 Paragraph (1) reads as quoted from the latest draft RKUHP, Wednesday, July 6.

Then in Paragraph (2) it is explained the act of rape which includes: a. intercourse with someone with his consent, because that person believes that that person is his/her legal husband/wife; b. intercourse with children; c. intercourse with someone, even though it is known that the other person is in a state of unconsciousness or helplessness; or d. intercourse with persons with mental disabilities and/or intellectual disabilities by giving or promising money or goods, abusing the authority that arises from a relationship with circumstances, or by misleading them to commit or allow sexual intercourse to be carried out.

The RKUHP also details the circumstances of the rape referred to in Paragraphs 1 and 2, namely: a. inserting the genitals into the anus or mouth of another person; b. inserting another person's genitals into their own anus or mouth; orc. inserting a part of his body that is not a genital or an object into the genitals or anus of another person.

If this act is carried out by the perpetrator against a child, it can be subject to a heavier sentence, in the form of a 15-year sentence. Likewise, if the act of rape is carried out to cause serious injury.

Meanwhile, if it results in death, the penalty can be increased by a third of the sentence in Paragraph 1. While related to cases of marital rape, it can only be followed up if there is a victim's complaint.

"In the event that the crime as referred to in paragraph (1) is committed in a marriage bond, no prosecution shall be carried out except on the complaint of the victim," reads Article 477 paragraph (6).