allegedly violating Article 290 and 294 of the Criminal Penal Code about Sexual Harassment entered a new phase.
This time in the presiding court, the defense attorneys presented expert witness on Hypnosis/Hypnotherapy Adi W Gunawan, well known as Indonesia leading expert in mind technology, Prof. Dr. Luh Ketut Suryani SpKJ, and expert witness on criminal law Prof. Dr. H. Dwidja Priyatno,SH, MH, SPN - Rector of the University Suryakancana, Cianjur.
In a close session held at the South Jakarta District Court, May 18, 2011, the founder of CASA (Committee Against Sexual Abuse), Prof. Suryani questioned why there were the 45 sessions of therapy within 90 days conducted by the hypnotherapist to the complainant? Head of Psychiatry Laboratory of Medical Faculty of Udayana University added, "these so many sessions of therapy in short time like this could be called as brainwashing."
She also explained that a woman who had sexually abused before, most likely could not be smiling or laughing when appeared several times in public on national televisions, and at the same time easily told that she was a victim who had long suffered sexual abuse.
"The first impression arisen when looking at the accuser behaving like that, was that she was only seeking popularity", she said.
Concerning the confession of the complainant (Tarra) based on police dossier, Prof. Suryani also explained that the complainant had to be given psychiatric treatment instead of psychological.
And, psychologists were not doctors and could not prescribe the drug, so in such circumstances, hypnotherapy sessions could not help her. Instead, it could lead to even more severe situation and condition.
Another Expert Witness on hypnosis and hypnotherapy, Adi W Gunawan blamed to the lack of professionalism for any hypnotherapists who performed the therapy up to 45 times within three months to his/her client as experienced by the complainant.
"This could be misled as memory implant instead of (healing) therapy, " said founder of Quantum Hypnosis Indonesia which issuing professional certificate of hypnotherapist in Indonesia.
Both Prof. Suryani and Adi Gunawan said that actually the trauma of abuse, including trauma of being rape, could be addressed in a 1 to a maximum of 4 sessions.
Adi W Gunawan also expressed his doubt in the qualification of the complainant's hypnotherapist who just gained her skill from a long distance course as new graduate.
He further said that the confession from hypnotherapy sessions could not be used in the trial because of its subjectivity.
Later, expert witness on criminal law, Prof. Dwidja Priyatno testified that according to Article 290 of Indonesian Criminal Code that the victim of sexual harassment was in a state of unconscious or physically powerless.
However, the complainant had testified in the police and court that she was always fully aware of what she had done, remembered all the events very well, and no coercion.
Further more, highlighting article 294 of Criminal Penal Code, Prof. Dwidja emphasized that prosecutor was too "excited" to bring the case into the court by bringing 4 people who claim to be witnesses, but clearly in the court that no witness had directly witnessed the allegedly act of sexual abuse.
Instead they told their own version of being allegedly sexually abuse five years ago with no witness and no legal fact also. According to the professor of criminal law who they could not become witnesses for this case.(*)
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