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Decision to seek legal action

If one decides to seek justice through the legal system, one of the first things to do is get legal advice. Based on the nature of violence faced, one may not have a chance to do this before the police get involved. However, a survivor always has the agency to decide what action should be taken. Get a lawyer for advice as soon as possible. 

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Upon deciding to register a case, one will need to give a written complaint to the police with details of the incident or incidents, the details of the abuser, and one's own personal details including name and address. 

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It is a good idea to have a robust support system to stand by, and to offer safety and protection from further harm or reprisals for taking action. 

 

Remember: If one decides to report the incident or incidents, it will involve visiting the court, possibly seeing the perpetrator, having to recount one's story multiple times, being prepared to be questioned and examined, and also dealing with situations such as the lack of evidence and acquittal of the accused. It can be a challenging and emotionally draining process. Knowing this in advance can prepare a survivor for what lies ahead and to rely on a strong support system to fight the case.

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Also remember: While it is difficult for all queer persons to deal with law enforcement officials and courts, this is especially true for trans persons who routinely face humiliation, physical and sexual violence from the police. Please bear this in mind before approaching the police or courts – have a plan of action ready for dealing with them if they misbehave, and make sure to have a good lawyer before fighting for justice.

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