Categories: Law

How Can The Law Help A Rape Survivor?

We recognize that the aftermath is emotional, confusing, frightening, and stressful for victims of rape. However, there can be some important steps to take that will help prove the crime.

You are not responsible for it Don’t lose sight of the possibility. Have faith in yourself. The law will make sure that the guilty party pays for the crime he committed.

Contact the police-Survivors should call 181 or 100 (or 1091) to receive immediate help from police.

What’s the point of a medical evaluation?

A medical exam is mandatory for any survivor.

You should be aware of possible injuries, and what to do about them.

You can help to prevent unwanted pregnancy by performing pregnancy testing

If STDs are found, treatment is available for them.

What is the purpose and scope of the medical examinations?

Diagnose and treat any physical injury. Assess, treat, or prevent pregnancy.

Psychological assessment

Psychological Support

How can a survivor prepare her for her medical exam?

The survivor should not engage in any activities that could damage evidence, like:

Bathing

How to use the toilet

How to change clothes

Combing hair

Vaginal and anal areas should be cleaned

How can a lawyer help someone who has been raped?

It is common for family, friends, and police officers to react negatively or judge someone. These reactions can often disrupt recovery from sexual assault. A lawyer can support the survivor by providing comfort and guidance.

A lawyer can assist the survivor for either of the 2 scenarios-

The survivor can call the police after the crime and a lawyer can help her understand the legal integrities. She will also be able to explain to the survivor the charges (legal segments) that must he impose.

What is aggravated or sex rape?

The significant position of either the man or woman in an aggravated relationship to rape, for example, is the most common reason.

A man can rape a woman if he has the legal right to do so (such as police officers and prison staff), );

Rape by a male that the woman trusts (relatives/legal guardians, hospital personnel, etc. );

What does the amended Criminal Law look like?

Punishment for Rapists – Section-376 of the Indian Penal Code. 1860

The minimum punishment for rape has gone up from rigorous imprisonment of 7 years to 10 years. It can also be extended to life imprisonment.

Girls under 16 years are now subject to a minimum of 20 years imprisonment, which can be increased to life imprisonment if necessary.

A girl aged 16 or less will receive life imprisonment for gang rape.

A girl is aged 12 or less will face 20 years imprisonment, or life imprisonment, or both.

A girl younger than 12 years old can be convicted of gang rape and sentenced to either death or life imprisonment.

Investigative and trial speed.

A 6-month time limit has been set for the disposal of appeals regarding rape.

Bail conditions

The amended law says that no anticipatory bail is granted to the man/man charged with rape/gang rape a girl under 16 years.

The court must also provide a notice to the Public Attorney and the representative representing the survivor within 15 days before deciding on bail requests of the accused in this case where the girl was raped.

What other measures have the authorities taken?

The Cabinet approved a series of important measures in order to put into effect the legal provisions.

  • Strengthening the courts, prosecution
  • National Database
  • Assistance to survivors
Oliver Kell

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