AN INDONESIAN girl who was raped by her brother has been sentenced to six months in prison for having an abortion, police said on Sunday.

Both the girl, 15, and her 18-year-old brother were convicted by the District Court of Muara Bulian in Batanghari district in Jambi province, said Singgih Hermawan, deputy chief of the local police.

The brother received a two-year prison sentence for having sex with a minor, Hermawan said.

Abortion is illegal in Indonesia, but is allowed in cases of rape, especially if the woman’s life is at risk.

However, the abortion must be performed within 1 1/2 months of becoming pregnant and be performed by professionals.

The girl had her abortion when she was six months’ pregnant, according to a court official. Her mother is facing charges for aiding the abortion.

She said she helped her daughter out of fear of being shamed by neighbours.

It was revealed in court that the girl had been raped eight times since September.

In May, residents discovered a headless foetus near a palm oil plantation.

Police made the arrests in June.

The defendants and their lawyers accepted the sentences, which also ruled that the girl and her brother must undergo rehabilitation at the Institute for Special Education of Children.

It was not clear whether the prosecutors, who had demanded a one-year prison sentence for the girl and seven years for her brother, would appeal the sentences.

Activists on Monday criticised the prison sentence.

Erasmus Napitupulu, program director of the Institute for Criminal Justice Reform, said the court did not take into account the reason for the abortion.

“The court may decide that she is guilty of having an abortion, but if we see the background that encouraged her to do so, do we need to punish her?” Napitupulu said.

“Yes, she violated the law, but she should not be held accountable.”

Zubaidah, director of the Embun Pagi Women’s School in Jambi, said the girl’s sentence was unfair and violated the Child Protection Law.

“It is an incest case that has to be seen more comprehensively than merely an abortion,” said Zubaidah, who uses one name.

However, the court disagrees.

“The judge panel concluded that despite being underage, the defendant should have protected the foetus, should have given the foetus the right to life,” court spokesman Listyo Arif Budiman said.

The defendants and their lawyers accepted the sentences.

Media reports said villagers who saw the case as incest have decided to banish the siblings from the village.