Engaging with the Criminal Justice System: A Guide for Survivors of Sexual Violence

In order to encourage prosecution of sexual offences, mandatory reporting was introduced by the Protection of Children from Sexual Offences Act, 2012 (“POCSO Act”), and in 2013 the Criminal Law was amended to introduce mandatory reporting by hospitals in rape cases. However, in the absence of committed police and judicial services extended to the survivor, it is likely that many survivors will remain disillusioned with the system and not report the offence. If the offence is reported, attrition at the stage of investigation and trial is likely to continue due to the hurdles posed by the criminal justice system. The “Guide for Survivors of Sexual Violence” contains Frequently Asked Questions (FAQs) aimed to assist the survivor in the various stages of her case. Even if a survivor chooses not to report the offence to the police and /or file a case, she may require information regarding medical support or legal aid, which is provided in these FAQs. The table at the end of this document lists the various offences constituting rape and sexual violence under the law, and how such offences are punished.