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If your child has been raped, as a parent or guardian you have the right to make the following demands:
- Demand that the police visit the scene of the crime.
- Demand that the rapist be arrested.
- Demand that he be medically examined.
- Demand that you be allowed a legal representative for your child.
- Demand your child’s right to have an in-camera trial; that is, a special room and not in an open courtroom.
- Demand that there be a screen or curtain in between the child and the perpetrator so that the child is not frightened by his staring eyes or presence; give your child its favourite toy or little blanket to hold and feel comforted with during questioning.
Those were your rights as a parent; these are your responsibilities so that your child’s case is strengthened and you effectively assist the police in discharging its duties:
- This is the most difficult one: please stay calm when you get to the police station.
- When you report the crime at the police station, remember this is only the first step.
- The police will note down what you have to say as the first information report (FIR).
- They will then investigate.
- This investigation will include the panchnama; the medical examination of the accused and your child; a chemical examination for substance, blood, semen, etc; a statement by the witnesses which must not be signed by them but you need to make sure that they come to court when called to verify their statements; an identification parade.
- They will file the charge-sheet.
- After this, the police will arrest the accused.
- Please remember: the first information report must very clearly state the date and time of incident, the specific place of incident, the description of the offence, the name of the accused, the names of the eye-witnesses if any, and the name of the complainant.
- Remember that the description of the offence you put on the first information report is what your child will have to remember till whenever the case comes up in court for hearing; therefore keep it as uncluttered as possible.
- You must take a copy of this first information report from the police with their stamp on it, and the report’s number from them.
All Child Sexual Abuse cases are criminal cases, therefore, they would be seen as crimes against the state, and it would be a state lawyer who would defend your child. That lawyer is called a public prosecutor; your own lawyer can only assist the public prosecutor’s thought processes outside the court, your own lawyer cannot represent your child in the criminal court. However, the accused can get his own lawyer. Should you be filing for any related civil matter, your own lawyer can represent you in the civil courts.
At the end of this book is what to look for in helplines. There is no twenty-four hour crisis intervention listing simply because there is none anywhere in India which can effectively assist you in dealing with Child Sexual Abuse if it happens outside office hours; given its nature, this happens too. Even during working hours there are less than a handful of non-government organizations which are completely experienced in assisting you organize your child’s case with the police, apart from the medical and legal aspects of it.