Definition, Types and Crimes of Rape

Rape is a criminal offense that occurs when a person forces another person to have sexual relations in the form of vaginal penetration by the penis, by force or by force. The term rape comes from the Latin language, which is rapere which means to steal, force, seize, or take away (Hariyanto, 1997: 97).

According to the Big Indonesian Dictionary (KBBI), the definition of rape seen from the origin of the word (etiology) can be explained as follows (Poerwadarminta, 1984: 741):

• Rape is dashing; forced; violence; mighty.
• To rape is 1) subdue and so on with violence. 2) violating (attacking, etc.) with violence.
• Rape is 1) raping; prevention coercion. 2) violations by force.

While the definition of rape from several book sources is as follows:

• According to the Black’s Law Dictionary, rape is an unlawful sexual relationship with a woman without her consent. Unlawful / unlawful intercourse against a woman by a man is done by coercion and against his will. The act of intercourse committed by a man against a woman not his wife and without his consent, is carried out when the woman’s resistance is overcome with strength and fear, or under conditions of obstruction (Santoso, 1997: 17).
• According to Prodjodikoro (1986: 117), rape occurs when a man forces a woman who is not his wife to have intercourse with him, so that he cannot fight, so he is forced to have intercourse.
• According to Soetandyo Wignjosoebroto, rape is an attempt to vent sexual appetite by a man towards a woman in a manner that is morally and or lawfully violating (Marzuki, 1997: 25).
• According to R. Sugandhi (1980: 302), rape is a man who forces a woman not his wife to have intercourse with him with the threat of violence, which requires the male genitals to enter the genitals in a woman who then secrete semen.

Types of rape

Based on the motives of the perpetrators in committing rape, criminologist Mulyani W. Kusuma divides rape actions into several types, namely (Wahid et al, 2011: 46-47):

1. Seductive rape . Rape happens because the perpetrator feels aroused by lust, and this is very subjective. Usually this type of rape happens precisely among those who already know each other, for example rape by a girlfriend, friend, or other closest people. Social factors or social interaction is very influential on the occurrence of rape.
2. Sadistic rape . Rape is done in a sadistic manner. In this case the perpetrator gets sexual satisfaction not because of intercourse, but because of acts of violence committed against a woman’s body, especially on her genetic organs.
3. Anger rape . Rape is carried out as an expression of the anger of the perpetrator. This type of rape is usually accompanied by physical brutal acts. Sex satisfaction is not the main goal of the offender, but rather venting his anger.
4. Domination rape . In this case the perpetrator wants to show his dominance on the victim. Physical violence is not the main goal of the perpetrator, because he only wants to control the victim sexually. Thus the perpetrator can prove to himself that he has power over certain people, for example victims of rape by employers against their helpers.
5. Exploitation rape . This type of rape can occur because of the victim’s dependence on the perpetrator, both economically and socially. In this case without using physical violence the perpetrator can force his wishes on the victim. For example, rape by employers against their workers. Although there is agreement, it is not because there is a sexual desire from the victim, but there is fear if fired from his job.

While the type of rape based on the victim in the act of rape is divided into several types, namely as follows (Gosita, 1993: 49-50):

a. Pure Victim

Pure victims consist of:

1. Rape victims who have never been in contact with the perpetrators before the rape.
2. Rape victims who have been in contact with the perpetrators before rape.

b. Multiple Victims

Double victims are rape victims who, besides suffering from violence during raping, also suffer mental, physical and social suffering. For example, experiencing threats that interfere with his life, getting bad service during the examination, and in court, not getting compensation, himself spending medical expenses, being ostracized from the community because of special disabilities and others.

c. Pseudo Victim

Pseudo victims are actual victims as well as perpetrators. Pretending to be raped in order to get something from the perpetrator.

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1. There is a possibility that victims acted of their own volition.
2. It is possible that victims acted in the same way as they were told to, forced to do so in the interests of the instructor. In a certain sense, the offender becomes a victim of another crime.

d. Invisible victim

It is a victim who in essence experiences violence, persecution, but because certain things are not considered to suffer violence according to the views of certain groups of people. For example, in the provision of physical punishment, forced sexual gratification by a husband against his wife and so on.

Rape Crimes

Provisions regarding penalties for rape under the Act are as follows:

a. Article 285 of the Criminal Code

It reads: Anyone with violence or threat of violence forces a woman to have intercourse with him outside of marriage, threatened with rape, with a maximum jail sentence of twelve years .

b. Article 286 of the Criminal Code

It reads: Anyone who has sex with a woman outside of marriage, even though she is known to be unconscious or helpless, is threatened with a maximum of nine years in prison .

c. Article 287 of the Criminal Code

Reads:

1. Anyone who has intercourse with a woman outside of marriage, who is known or duly should be assumed, is not yet fifteen years old or if it is unclear, that it is not yet time to be married, threatened with a maximum of nine years in prison.
2. Prosecution is only based on complaints, except if the woman is not yet twelve years old or if one of the things is based on article 291 and article 294. 

d. Article 288 of the Criminal Code

Reads:

1. Anyone who has marriages with a woman who is known or rightly duly should be suspected that the person concerned is not yet married, if the act causes injuries, he is threatened with a maximum of four years in prison. 
2. If his actions result in serious injuries, a maximum imprisonment of eight years will be imposed. 
3. If you die, you will be sentenced to a maximum of twelve years in prison.