Things to Remember When You Seek Legal Recourse

“Hello there! I’m here to provide you with a bit of information on seeking legal remedies via court. 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."

After facing sexual assault, you may choose to report the case and seek legal recourse to fight your case in court. To report a case to law enforcement and to pursue it in court is a decision for you to make.

For some, reporting has been seen as an act of liberation and closure, and has helped them heal, while some feel more comfortable about not reporting. Either way, it is a choice you are free to make, and must make upon having all the information you need.

If you want to report a case of sexual assault, here are a few pointers:

Where can I start the process of reporting?

Start by reporting to the police. Especially if you are at immediate risk, since they will come to you. You will typically be asked to report to a police officer at a police station in/near the area at which the violence took place.

What can you be prepared with when you report?

When you report your case to the police, you will have to turn in as much evidence as you can to support your case.

Make sure that you visit a medical center and tell the service provider there that you want to report the case, and therefore, all that must be preserved as evidence must be preserved appropriately.

What format of reporting is preferred?

Reduce your report in to writing at the earliest. This will help you ensure that you do not forget any essential details - trauma and stress can make it difficult to recall incidents, especially when they are triggering and painful.

What can you expect when you report?

In most instances when you report a case, there will be a follow up of questions and investigations. This can be triggering and traumatic, so it is always a good idea to have a good support system to help you through this - you could rely on friends or family, or even seek out the help of an organization around you, or a lawyer.

Is there a particular time limit within which I must report a case of violence or any violation?

An act of sexual and gender-based violence perpetrated against in individual is categorized as a criminal offence in India. Hence, there typically exists no limitation period within which you must report the case.

However, in some cases, this may differ from state to state within a country. Please consult a lawyer to help you through the filing process and the time limitations within which it must be done.

What are some things you can remember or know when you report?

1. Any case of sexual assault, be it an attempt or a complete offence can be reported.

2. Even if you know the person who assaulted you, you have full rights to report the case.

3. Even if you have been intimate with the person who assaulted you, or are in an intimate relationship with the person who assaulted you, you have every right to report assault. Remember, consent given once is not blanket consent.

4. There are many instances of sexual assault that do not result in external wounds or injuries. Despite it, you can report assault. Do get a medical exam done to document all injuries, both, external and visible and those under the surface and not visible.