Trauma during Trial

“Hello there! I’m here to provide you with a bit of information on navigating trauma during the trial phase. 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."

What happens when a case of sexual & gender-based violence goes to court?

Once the case goes to court, the survivor/complainant can appoint a lawyer to assist the prosecution. Both sides put forth their arguments, during which the survivor, witnesses, and the accused are examined.

Can public watch the trial?

A sexual violence trial is always held in-camera, which means that they are not open to the public to watch.

What happens if the accused is found guilty?

If found guilty, the accused can be jailed for a minimum period of seven years, but which may extend to life imprisonment, and fined, depending on the exact nature of the assault. If the incident is termed as ‘rarest of the rare’, the accused can be sentenced to death.

What are some things you can expect prior to & during the trial?

In the run up to this stage, you and your lawyer, and the State Prosecutor, will begin discussing the case actively before it heads to court - if it is indeed heading to court.

At this stage, there may be mentions of the crime committed against you, there may be repetitive descriptions of the incident(s), and there may also be some preparatory work around proceedings before court, such as cross-examinations and preparing for the presentation of evidence. This may be both triggering and can have impacts on your mental health and peace of mind.

During the trial itself, even if you have been prepped up to respond to the proceedings, you may find yourself confronted by some trauma with the questioning, investigations, cross-examinations, display and discussion of evidence, and even seeing the perpetrator in and around the court premises, and possibly being interrogated in the witness box.

What are some ways in which you can handle trauma prior to & during the trial?

1. While preparing for the proceedings, a good approach to prioritize your care is to identify a safety plan and a routine that you can control and engage with.

2. Violence takes your sense of control away, and restoring that control can give you a sense of peace - even if only relatively.

3. Establish expectations with your lawyer.

4. If you are able to rely on friends or family or therapists, or case workers, or trusted allies you can call upon for support, you may work with them to set up a safety plan and protocol to take care of your needs, attend to your trauma, and heal from your triggers at the end of every session at court.