Mithra Trust
The legal fight and your mental health
Dealing with the legal system can be overwhelming – here are some situations that can come up, and what you can do to take care of yourself.
When you’re dealing with an abuser – especially an abusive partner – you may choose to seek your rights and protections legally. If you’ve chosen this path, remember that you’re courageous – and remember that this path can be difficult and trigger many past traumas for you. Dealing with the police and courts can be overwhelming and distressing for most people – and it is especially difficult for those in the margins. At Mithra, we seek to help you take care of your mental health during this journey. We’re outlining some situations you are likely to encounter in this process, with resources you can use to take care of your mental health in those situations.
(Please note that you should reach out to a lawyer for advice on the legal aspects of pursuing justice. We are primarily dealing with the mental health aspects of this journey, and how you can prepare yourself for it.)
Before getting a forensic medical exam:
Forensic medical exams help identify and document evidence with the help of a professional medical support provider. It’s important to capture as much evidence as possible; while your instincts may tell you otherwise, try to avoid bathing, showering, using the restroom, changing clothes, combing your hair, douching, rubbing, or wiping your genitals or other parts of your body after an incident of sexual assault, until the forensic medical examination is complete.
Potential trauma triggers
It is perfectly natural and understandable that you may want to do some or all of these things after facing an assault. Not being able to shower or change may make you feel uncomfortable, and violated. It may cause you to replay the events as they took place in your mind, and this can be disconcerting.
Potential tools for your use
Once you have decided to move forward with the medical exam, think about your preparedness and pocket tools. You could also rely on a trusted friend or family member to be by your side at this time. If possible, you could consider having a conversation with a trusted therapist to help you cope with trauma triggers.
During the forensic medical exam:
Medical forensic evidence comprises taking DNA samples by evaluating blood, sweat, semen, urine, skin tissues, and saliva. The extraction of medical forensic evidence will help you submit evidence of your sexual assault and seek justice. It might be a good idea to take along a spare set of clothing when you head to a forensic medical exam, because sometimes, they may retain your clothing to test for DNA evidence. Note that the ‘two-finger test’ has been banned in India, and if a forensic examiner wants to perform it on you, you can refuse.
Potential trauma triggers
The process of being examined, probed, investigated, and asked difficult questions can be traumatising, disconcerting, and challenging. You may be asked to recount details of the incident as they took place – and in some situations, you may have to recount this multiple times. During the course of the exam, samples may be drawn from your body – this may or may not involve the use of swabs, injections, and other medical implements. Your injuries may be examined, as well.