Mithra Trust
Pressing
charges
Here are some things that can come up in the legal process of getting justice.
Filing a case against a perpetrator of sexual violence of any kind is nothing short of an act of resistance: it marks the choice of a survivor to stand up to their perpetrator, and legally bring them to book. It is equally true that filing a case can be a harrowing process: from the paperwork to the painful process of reliving the incident, pressing charges may bring up several triggers.
Step 1: Filing a complaint and getting an FIR
The first step in initiating proceedings against sexual violence is filing a complaint at the police station and getting an FIR from the police.
If you face difficulties in getting the police to file an FIR, if the police officers are dismissing and harassing you on the basis of your gender or sexuality, there are alternative steps you can take. You could consider taking the help of a lawyer or reach out to an appropriate NGO that can put you in touch with someone who can help. If you are able to, you could refer to the section on ‘Awareness for survivors of sexual or gender-based violence’, which has a list of helplines. LGBTQIA+ individuals can find resources here.
After an FIR is registered, a challan is prepared, and the investigation begins.
Potential trauma triggers
As this is the initial stage in the process, usually right after the crime has occurred, you may be experiencing intense trauma. At this stage, you may still be processing some of the things that happened and figuring out your options. At this point, you may also wonder who you can rely on as a trustworthy source of advice and information. There may also be some fear around going to the police based on previous experience or hearsay or an assumption that the police may not necessarily be empathetic in responding to your needs or handling your case; this is an understandable fear.
You will be asked for all the details of your case, often with questions that do not prioritise your safety or well-being, and often in ways that may make you feel uncomfortable, possibly even triggered. The police may be insensitive in their language, their questioning, and even bring the abuser before you, forcing you to relive the trauma. They may also assume a lack of legal knowledge on your part, and possibly not file an FIR, or may even demand a bribe. This would mean having to go to the District Magistrate, which may be further traumatising to some but a good alternative for others.
Potential tools for your use
Preparedness and pocket tools will be of use here.
When considering legal action, it is a good idea for you to set up a safety net before you go to the police. That safety net can look like a bunch of trusted friends and family members, a therapist, and/or a lawyer who you trust. Your safety net could include social workers and support organisations with empathetic staff to help you navigate the bureaucracy of getting justice.
It is a good idea to make detailed notes of your case; if you find yourself feeling anxious, unsure, or scared when filing the report with the police, you can always fall back on your notes and grounding tools.
Step 2: Investigation
After filing a sexual violence complaint and getting an FIR registered, as the primary complainant/informant you are likely to be summoned to the police station for further statements, clarifications, and potentially identifying the accused.
Through this time, the survivor should be given access to medical help and psychiatric support by the state.
Potential trauma triggers
The police owe you information on your case and you have the right to ask all the questions you need to find out what they’ve doing related to your case. At this stage, when you’re going through the rigours of the system, you may find yourself being asked to identify the accused or hear the accused’s name, or even be informed of the accused’s whereabouts and conduct. This can be triggering and can potentially bring back painful memories.
Potential trauma triggers
Preparedness and pocket tools will be of use here.
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. It would help to establish a safe space for yourself to unpack the triggers after your conversations and engage in activities that allow you to draw in calmness and strength.
Step 3: Arrests and filing of the chargesheet
Once the police identify the accused and are aware of their whereabouts and identity, they may make an arrest. Sometimes, a number of suspects are arrested and the accused is identified through an official identification parade, after which the others are released. At this point, the survivor and witnesses present a detailed description of the crime from their own records before a magistrate.
If, as the survivor complainant, you are not satisfied with the investigation for any reason, you can approach a magistrate or High Court for directions; you will be asked to demonstrate that there has been a miscarriage of justice or negligence by the police.
Once the investigation is complete, if the police are convinced they have enough evidence, a chargesheet is filed; the police submit a detailed account of the investigation to the Sessions Court with all the information gathered, including the FIR and evidence, and then the case is typically ready for trial. Note that a chargesheet has to be filed within 90 days of the FIR being registered, failing which the accused gets bail automatically.
Potential trauma triggers
At this stage, you receive information that the accused is either found and arrested, or is absconding. Either way, it can impact your psyche and peace of mind – and you may feel traumatised or overwhelmed by the events unfolding. You may be asked to identify the accused; you might be required to see and identify them, although they may not necessarily see you (allowing you some confidentiality). In the course of the identification parade, you may find yourself triggered by the accused’s presence.
In cases where the investigation may seem unsatisfactory to you, it may require you to appear before a magistrate or the High Court to request their intervention. These procedures can be further traumatising because they call on you to repeat the story, and you are subjected to multiple rounds of similar interrogations and questions.
Potential trauma triggers
Preparedness and pocket tools will be of use here.
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. You may also request the police to offer information on their findings to a trusted caregiver or friend, if you are not able to or prefer not to receive it directly. It would help to establish a safe space for yourself to unpack the triggers after your conversations, and to engage in activities that allow you to draw in calmness and strength.
Step 4: Trial
A sexual violence case is fought by the state in which the survivor lives, and not the survivor herself, so the public prosecutor and the lawyers of the accused take over. However, once the matter goes to court, the survivor/complainant can appoint a lawyer to assist the prosecution.
Both sides (survivor and the accused, and their witnesses) put forth their arguments.
A sexual violence trial is always held in-camera, which means that they are not open proceedings for the public to watch. If found guilty of sexual assault or rape, an accused can be jailed for a minimum of seven years up to a full life term. The accused can also be fined depending on the nature of assault and its impact. If the incident is termed as ‘rarest of the rare’, the accused can also be sentenced to death.
Potential trauma triggers
In the run-up to this stage, you and your lawyer, and the state prosecutor, will begin discussing the case actively before you decide to move it to court. At this stage, there may be mention 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 triggering and can impact on your mental health and peace.
During the trial itself, despite preparing for the proceedings, you may find yourself confronted by some trauma due to the questioning, being in the witness box, investigations, cross-examinations, display and discussion of evidence, and possibly seeing the perpetrator in and around the court premises, and possibly being interrogated in the witness box.
Potential trauma triggers
A mix of all the tools will be useful as you prepare for the trial. During the trial itself, pocket tools can be of use.
While preparing for the proceedings, a good approach that can prioritise your care involves identifying a safety plan and a routine that you can control and engage with. Violence takes your sense of control away, and restoring that control can give you a sense of peace – even if only relatively.
Establish expectations with your lawyer. If you are able to rely on friends, family, therapists, case workers, or trusted allies 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.