A Plot Twist: Dating Sexual Behavior Becomes Child Sexual Abuse
A Case Study of the Juvenile Offenders in East Java, Indonesia
- DOI
- 10.2991/assehr.k.210506.012How to use a DOI?
- Keywords
- dating sexual behavior, child sexual abuse, juvenile offenders, adolescents, psycho-sexual problems
- Abstract
Dating sexual behavior does not merely put adolescents into risky sexual behavior, but now it also puts them into a serious potential of crime. Since the dating sexual behavior with an underaged dating partner can be categorized as a child sexual abuse. It is because a person who is under 18 years old is classified as a child in the Indonesian legal system. Although juvenile offenders will be tried differently with an adult. But the high criminal threat of child sexual abuse caused the practice of restorative justice through Diversion unable to be applied to this case. A case study research which conducted on seven cases in the seven districts in East Java, provides depth information about the law enforcement process of some adolescents, who experienced dating sexual behavior with their partner, but then being judged and jailed as a child sexual abuser. The main background of the cases was the lack of understanding about sexual information and limited access to sexual education providers. All of the informants claimed that they never get any sexual education from their parents or teachers. Furthermore, these juvenile offenders said that they do not even know if their acts are a form of serious crime. In some cases, also found that there was no element of strong coercion against the victim. Imprisonment is the common judgment given by the judges, with a duration minimum of 2 years and a maximum of 4 years. It is also evident that most of the law enforcers (police, prosecutors, lawyers, social workers, and judges) had poor knowledge and skill about sexual abuse treatment. This limited knowledge and skill finally lead to provide incorrect services to both juvenile offenders and the victims, that raise unpleasant feeling to them. It reinforces the urgencies of effective prevention efforts, to protect adolescents who are placed in a very high risk, due to the vulnerable phase in their development process. The adolescents-friendly approach of case management on dating sexual violence by juvenile offenders had to be regulated. The implementation of integrated training for law enforcers also very important, to increase their competencies in dealing with adolescents, especially with the sexual violence cases.
- Copyright
- © 2021, the Authors. Published by Atlantis Press.
- Open Access
- This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).
Cite this article
TY - CONF AU - Dewi Mirna Fitri Nur Cahyani AU - Permatasari Elok PY - 2021 DA - 2021/05/08 TI - A Plot Twist: Dating Sexual Behavior Becomes Child Sexual Abuse BT - Proceedings of the 1st International Conference on Law and Human Rights 2020 (ICLHR 2020) PB - Atlantis Press SP - 78 EP - 84 SN - 2352-5398 UR - https://doi.org/10.2991/assehr.k.210506.012 DO - 10.2991/assehr.k.210506.012 ID - Cahyani2021 ER -