Seeking Help from the Police

“Hello there! I’m here to provide you with a bit of information if you would like to seek  help from the police after having confronted or observed an instance of sexual or gender-based violence. I would like to remind you that suggestions on this post should not be taken as medical advice, legal advice, therapy, etc. or as a one-size-fits-all approach.  Keep in mind that every individual’s journey of  experiencing and navigating through stress or trauma is distinctive because you are one of a kind and no person is truly like you!  Experiencing abuse in any form is NOT OKAY, but what you are experiencing as a result of abuse is valid.  Please know that healing is not a formula and is not for anyone else to define for you. You do you, and you follow all that you need to follow, to help yourself. If you need additional resources or just someone to talk to, feel free to reach out to Imaara Foundation."

Filing a case with the police with a report of sexual violence is the first step you take when you want to press charges against the one who was violent with you, abused you or threatened harm to you.

Should I press charges?

To press charges or not to press charges remains a decision that falls entirely within your domain to make.

If you decide not to press charges, that is perfectly understandable – you may take steps to ensure that you have a route to stay safe and are not vulnerable to abuse or violence.

Is there a statute of limitations if I choose to press charges?

If you choose to press charges, remember that there is no statute of limitations that applies for sexual violence. This means, that there is no particular window of time within which you must report a case of sexual violence. You can report at any time.

What can I be ready with if I choose to report to the police?

When you press charges, you must produce evidence of the abuse. Remember to record photographs of bruises, save copies of threatening and violent correspondences, and enlist those who can stand in as eye-witnesses, if any. It is important to remember that saving evidence of this sort must be done only if you are safe while doing so.

Must there be someone with me when I report to the police?

Rely on a lawyer, or a trusted friend or family member when you are reporting the violence you faced, and have them accompany you, as well. You may need a medical examination and it is a good idea to have support by your side while you do.

What happens when I report my case?

1. Upon reporting a case to the police, they are legally under an obligation to reduce it into writing. In India, this is called as a First Information Report (FIR). This record must contain your testimony in full, with information of the date, time, your identity, and any evidence you place on record. If you are being referred to medical examination, details of that are also mentioned in the report. 2. Police action and investigation following a complaint or a report are dependent on local laws to a very large extent, but by and large, they are expected to begin an investigation, gathering of evidence, and making an arrest of the accused based on their investigation and evidence gathered. 3. Once the person is arrested, legal proceedings can begin. 4. Once you report the case to the police, it is a good idea to build rapport with them to facilitate follow ups, and alternatively, to even approach an organization that can help you with police follow ups. 5. During the investigation, the police may require you to come down to the station a few times for interrogation and for information. They may also bring in people you know and are close to, as well. If the police decides not to conduct an investigation, they must indicate clear reasons why they decide thus.

Who can report a case to the police?

Across most jurisdictions, a case can be reported to the police by one of three:

1. The person against whom the offence was committed (i.e., the survivor)

2. Any person who knows that this offence has been committed – it can be a family member, a friend or anyone

3. a person who has seen the offence while it’s being committed – as a bystander witnessing the crime.