Rules & Responsibilities of Officials for Sexual Assault

“Hello there! I’m here to provide you with a bit of information on the rules and obligations that officials must follow when you report an instance of sexual & gender-based violence. 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."

Who is a D.O & what should they do?

D.O: District officer

Role: Ensures that any information provided regarding sexual assault is reported to a female officer.

Who is an I.O & what should they do?

I.O: Appointment of Inquiry Officer.

Role:

- A person who has been assigned by the head of Police station to investigate your case.

- Must ask the victim if they require counsel at the State's expense.

- Make sure that the survivor or victim is medically established as soon as possible.

- Request the Forensic Science Laboratory to handle the case as a priority.

obtain information:

• Name of survivor or victims

• contact information of survivor or victim

• details of victims/survivors parents

• family member contact details whom the victim/survivor has been in contact with.

- Complete the investigation at the earliest.

- Must make sure that the accused must not get bail under any circumstance.

Who is an SHO & what should they do?

SHO: Station House Officer

Role:

• SHO is the head or individual in charge of the locality police station.

• The SHO must immediately inform the State Legal Services Authority and assist them in the rehabilitation/compensation process.

• If a Counsellor refuses to help or causes uncalled-for delay, the Regular Criminal Case lawyer and Commission for Women should be informed.

What is an MLC?

MLC: Medico-Legal Case.

• Refers to a call made by a doctor handling the clinical examination of an individual, if they think a case is required to be examined by a law enforcing authorities.

• A detailed description of the assault/abuse history should be included in the MLC of the victim.

• The help of a psychologist should be provided to a child victim.

• If the victim is below 12, consent must be obtained from their parent/another person of trust, and if they refuse, they must be examined.

What does prosecution mean?

The side of a legal case which argues that a person who is accused of a crime is guilty.

Should the original name of the survivors/victim be used?

Pseudonyms should be used to protect the identity of the prosecutrix/victim, even if the accused person is a juvenile.

Who cannot be a witness for the complainant?

Counsellors should not be cited as prosecution witnesses or included in the documents forwarded to the Court.

Any action required after filing the main chargesheet should be mentioned.

What if I do not have a lawyer to defend my case?

A list of advocates should be kept at the police station for victims who do not have a lawyer.

What is an e-Challan?

An e-Challan (chargesheet) should be prepared and filed in the Court immediately.

Will the victims/survivors identity be revealed to public?

If the case is registered on charges of rape, it should be ensured that the identity of the prosecutrix/victim is not revealed to the public.

What is the RCC & CIC?

RCC: The Rape Crisis Cell provides legal assistance to the victim(s) and their families in cases of sexual assault.

The RCC operates with the help of lawyers and Crisis Intervention Centre's (CICs).

Which authority is in charge of protecting victim(s) family members, & prosecution witnesses?

The State Legal Services Authority

What should I do if an official is failing to abide by the rules & responsibilities?

Police should respond to sexual assault complaints, and disciplinary action is present against erring officials.

Check out our article on 'Options When My Complaint is Not Taken'

Want the reference for this article?

Cholassery, A. M. A (2023, February 27). What are the rules and responsibilities of officials for sexual assault? MyIndia. https://www.mapsofindia.com/my-india/government/what-are-the-rules-and-responsibilities-of-officials-for-sexual-assault