Common Mistakes Victims Make That Can Jeopardize Rape Cases
Learn what not to do after a sexual assault incident to protect your legal case, preserve crucial evidence, and avoid delays in justice.
1. Delaying or Not Reporting the Crime
Time is critical in sexual assault cases. Delays in reporting may lead to loss of evidence and cast doubts on the credibility of the complaint. An FIR must be filed as soon as possible. If the police refuse, approach the Magistrate or senior officers.
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2. Skipping Immediate Medical Examination
One of the most critical steps after a sexual assault is undergoing a prompt medical examination, commonly referred to as the Medico-Legal Case (MLC) examination. This examination is not just for medical care—it is also a formal process for collecting forensic evidence that is legally admissible in court. The MLC is conducted by a government hospital, and the police are duty-bound to accompany the survivor to the hospital as soon as the FIR is registered.
The examination documents physical injuries, collects DNA and biological samples, and provides detailed medical findings that may corroborate the survivor’s account of the assault. The MLC report becomes part of the prosecution’s evidence and plays a crucial role in securing conviction.
As per legal protocol, the examination must be conducted with the survivor’s consent, preferably by a female doctor, and should occur within 24 hours of the incident to maximize the chances of preserving vital evidence. Survivors are encouraged to give a full and honest account of the assault during this process, as it allows medical findings to align with the legal narrative.
Delaying or skipping this examination can result in loss of critical evidence, significantly weakening the legal case. The MLC is not just a medical step—it’s a legal cornerstone in the pursuit of justice.
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3. Changing or Contradictory Statements
Consistency in victim statements is vital. Contradictions during police or court proceedings can weaken your case and raise doubt. Give a truthful and detailed account from the beginning, preferably under Section 164 CrPC before a Magistrate.
In rape cases, consistency in the survivor’s statements plays a vital role in the credibility of the entire prosecution. Contradictions or changes in your account—whether during police investigation, medical examination, or court proceedings—can severely weaken the case and give the defence an opportunity to question the reliability of your testimony.
This is why it is crucial to give a truthful, complete, and consistent account of the incident right from the beginning. Survivors should ideally provide their statement under Section 164 of the Criminal Procedure Code (CrPC) before a Magistrate. This statement becomes part of the court record and holds more evidentiary value than one given solely to the police, as it is presumed to be free from external influence or coercion.
Credibility is key in any rape trial. Indian courts often rely heavily on the survivor’s testimony, and even small inconsistencies—especially if they seem deliberate or evasive—can dilute the perceived severity of the incident. It is natural for survivors to feel overwhelmed, embarrassed, or fearful, but the truth must be told exactly as it happened, regardless of discomfort, shame, or perceived judgment.
Remember: Credibility once lost is difficult to regain. Survivors should avoid tailoring or editing details based on what they think is “acceptable” or “believable.” Trained officers, lawyers, and judges are more likely to support you when your account is honest and consistent. If you're unsure or forget certain details, it is okay to say so—just avoid speculation or fabrication.
Being truthful from the start not only strengthens your case legally but also reinforces your position morally, helping the justice system work in your favor.
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4. Mishandling Evidence
Victims may unknowingly destroy evidence—washing clothes, deleting messages, or not preserving physical injuries. Avoid these actions. Preserve clothes, take photos of injuries, and record all relevant communications.
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5. Discussing Case Publicly or on Social Media
Sharing details of the incident online or in the media can be used against you in court. It may violate privacy laws and cause mental trauma. Always consult your lawyer before any public statement.
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6. Not Seeking Proper Legal Guidance
Legal procedures are complex. Without a lawyer’s advice, victims may miss important legal steps, compromise on rights, or be manipulated during investigation or trial. Free legal aid is available in India for rape victims.
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