Trauma During the Arrest and Chargesheet Filing Phase

“Hello there! I’m here to provide you with a bit of information on navigating trauma when a chargesheet is filed against the perpetrator and the perpetrator is arrested. 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."

When does arrest of the accused occur?

Once the police identifies the accused and is aware of their whereabouts and identity, they may make an arrest.

Accused persons are sent for a thorough medical check up to examine their body for signs that may potentially validate the survivor’s account. Once again, the absence of signs does not mean that sexual violence has not occurred.

What is an Official Identification Parade?

Sometimes, a number of suspects are arrested – out of which the accused is identified through an official identification parade – after which the others who are not identified as the accused, are released.

What can you do if you are not satisfied with the investigation process or collection of evidence as a survivor or complainant?

If, for some reason, the survivor/complainant is not satisfied with the investigation, on concrete grounds, they can approach a Magistrate or The High Court for directions in appropriate cases, if you can show that there has been a miscarriage of justice.

What will survivors & witnesses be asked to do during the arrest phase?

At this point, the survivor and witnesses present detailed description of the crime in their own records, before a magistrate.

When is the chargesheet filed?

Once the investigation is complete, if it is found to be a genuine case with appropriate evidence, a chargesheet is filed, where the police submits a detailed account of the investigation to the Sessions Court, including all the information gathered, including the FIR and evidence. The charge-sheet is submitted to the court, and then, the case goes to trial.

What are some things you can expect during these phases?

1. At this stage, you receive information that the accused is either found and arrested, or is absconding. Either way, there can be impacts on your psyche and peace of mind - and you may feel traumatized or overwhelmed by the scheme of events unfolding.

2. You may be asked to identify the accused - which can bring you to see them, although they may not necessarily see you. In the course of the identification parade, you may find yourself triggered by the accused’s presence before you.

3. There may also be an instance where the investigation may seem unsatisfactory to you - and this may need you to appear before a Magistrate or The High Court and ask for their intervention.

4. These procedures can be traumatizing because they call on you to repeat the story and be subject to interrogations and questions.

What are some ways you can handle trauma during these stages?

1. During your conversations with the police and lawyers, it may be a good idea to rely on a friend, family member, trusted care worker, or therapist, to accompany you on these visits or to be present during these exchanges - especially when you are being asked to identify the accused.

2. You may also request the police to offer information on their findings to a trusted caregiver or friend, if you are personally not able to receive it directly.

3. It would also help to establish a safe space for yourself to unpack the triggers after your conversations, and to engage in activities that bring you calm and strength.