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What to Do Immediately After Sexual Assault: A Legal Checklist
Very important legal steps regarding the topic, What to Do Immediately After Sexual Assault: A Legal Checklist
1. Go to the Nearest Police Station
2. File an FIR Immediately
3. Demand a Female Officer & Privacy
4. Undergo Immediate Medical Examination (MLC)
5. Record Statement Under Section 164 CrPC
6. Request Police Protection If Needed
7. Secure a Copy of the FIR
1. Go to the Nearest Police Station
Your first legal step must be to approach the nearest police station, regardless of where the assault occurred. As per Section 154 CrPC, any police station must register your complaint. You can also approach a Women’s Help Desk or One-Stop Centre if available.
2. File an FIR Immediately
An FIR (First Information Report) is the official beginning of the legal process. Mention all relevant facts, even if painful. You have the right to give the FIR orally, and the police must write it down and read it back to you before you sign. It must be registered under Section 376 IPC (rape) or other relevant sections.
3. Demand a Female Officer & Privacy
As a survivor of a sexual offence, you have the right under Indian law to record your statement in private, in the presence of a female police officer or constable. If no female officer is available, you can demand one. Your identity must be protected under Section 228A IPC.
4. Undergo Immediate Medical Examination (MLC)
The police will take you to the nearest government hospital for a medical examination, often referred to as an MLC (Medico-Legal Case). This exam collects DNA, records physical injuries, and documents findings crucial for court. You have the right to be examined by a female doctor. The MLC is admissible as legal evidence and must be conducted promptly, ideally within 24 hours of the incident.
5. Record Statement Under Section 164 CrPC
Your statement must be recorded before a Magistrate under Section 164 of the Criminal Procedure Code (CrPC). This is a powerful step as it adds authenticity and legal weight to your account. Give a truthful, detailed, and clear narration of the events—credibility is everything in such cases. The Magistrate will ensure the statement is voluntary.
6. Request Police Protection If Needed
If you feel unsafe after reporting the assault, request protection from the police. They are obligated to assess the threat and provide security if required. This may include patrols or even relocation under specific schemes.
7. Secure a Copy of the FIR
Always ask for a signed copy of the FIR free of cost. This document is proof that legal proceedings have been initiated. Without it, you may face delays in court or in seeking additional help.