• Past rape

Sir,
I am in a dire situation, I need some legal guidance. 

When I was in Class 8 (year 2008) I was raped by my cousin brother thrice. He was an adult by then and I was 15. I was very afraid and I did not tell about it, although my family know that something bad had happened. Recently I gathered courage and told my family about it. And we want to take legal action now.

Please guide me what should I do. What's the procedure? Does medical examination matter? I do have a BF now.

Thanking you
Asked 2 years ago in Criminal Law
Religion: Hindu

2 answers received in 10 minutes.

Lawyers are online now to answer your questions.

17 Answers

Lodge a FIR against your cousin brother.

Move a Complaint before the Station House Officer of the concerned Police Station.

You could take help of a NGO, if the police doesn't acts upon your complaint.

Vibhanshu Srivastava
Advocate, New Delhi
8980 Answers
162 Consultations

5.0 on 5.0

Hello,

You may try and file a case, time is the essence it has been almost 10 years since the incident but nevertheless go ahead and file a complaint with the police.

If police refuses to lodge an FIR then file complaint before the magistrate under section 156(3) Cr.P.C

Regards

Anilesh Tewari
Advocate, New Delhi
17744 Answers
290 Consultations

5.0 on 5.0

No. That's because a lot of time has already elapsed in your case and the medical examination will be a futile exercise.

Vibhanshu Srivastava
Advocate, New Delhi
8980 Answers
162 Consultations

5.0 on 5.0

Respected mam...

Take it socially rather than legally...Do you have sufficient mean of evidence to prove the rape case ...All the medical evidence will be finished which is against his conduct...If you have bf than there are very less chance to prove DNA ...I am not saying directly but hope you understand ...Mam he might be acquited in this case you have spoiled all the evidence against him ..And yes medical examination in case of rape matters almost where you did finished the said evidence against him ...Sry to say but your case no where stands strongly ...Else upto you ..You can lodge FIR against him if you think that you have sufficient proff against him ...

Thanku

Dinesh Sharawat
Advocate, Delhi
1243 Answers
11 Consultations

4.9 on 5.0

You can file FIR in local police station against your cousin

2) delay in filing FIR has to be explained by you

3) you would be sent for medical examination

Ajay Sethi
Advocate, Mumbai
75972 Answers
4544 Consultations

5.0 on 5.0

You would be sent for medical examination

Ajay Sethi
Advocate, Mumbai
75972 Answers
4544 Consultations

5.0 on 5.0

Hi, you can make a complaint to the police .. Yes , your medical examination would be conducted as it is a mandatory procedure in rape cases .. However , it will be very tough to corborate the time period of almost 10 years .. It needs a detailed drafting of compaint before proceeding further

Hemant Chaudhary
Advocate, Gurgaon
4556 Answers
37 Consultations

4.9 on 5.0

It sounds very annoying to us when we come across like this.

Yes you can file case now also though presumption would be in your favour as no girl would involve her family member without any strong reason.

But, I ll advice you to somehow get it confessed by that stupid boy that he had done it (by any how like by sweet talks or by showing that you are not happy with it as he has done something unforgivable). I know I am saying something different from my fellow lawyer friends, but I think it would a only way of teaching him a lesson as your medical examination now won't have any credibility in it.

Good Luck and God Bless You...! We all are with you, do let me know if anything I can further suggest you.

Sanjay Baniwal
Advocate, South Delhi
5261 Answers
13 Consultations

5.0 on 5.0

Complaint of rape of of 10 years back will definitely have problems to prove how ever you may file a complaint with the police.

The medical will only prove your verginity is gone but how this will be big debatable question.

Vimlesh Prasad Mishra
Advocate, Lucknow
6575 Answers
22 Consultations

4.9 on 5.0

1. When did the last incident occur? Although there is no limitation period for the court to take cognizance of the offence of rape, but nothing will come out in the medical examination now. Aside of the medical examination, if you have any other evidence to prove the rape then you can file the case.

2. Without any evidence the court will not accept your statement as the gospel truth,

Ashish Davessar
Advocate, Jaipur
29554 Answers
850 Consultations

5.0 on 5.0

1. With in 24 hours of the rape, the victim should be sent for medical examination for the sperm analysis.

2. If have any proof then you can make police complaint against him for sexual harassment.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

4.9 on 5.0

Yes you will be send for the medical examination, but the same will not have much value since a lot of time has elapsed

Anilesh Tewari
Advocate, New Delhi
17744 Answers
290 Consultations

5.0 on 5.0

You write a complaint to s.p.

Ravinder Mehra
Advocate, Rohtak
12 Answers

4.0 on 5.0

Surely medical examination would matter as in such case it would be very difficult to prove the incident.

You haven't gone through any abortion or no MLC reported of any injury. Is there any place where the registers can prove or hotel etc

Anand Shukla
Advocate, New Delhi
602 Answers
13 Consultations

4.9 on 5.0

Hi

File criminal complaint under section 376IPC.

Yes medical examination matters but don't worry you just need to prove that you had sexual intercourse with your cousin without your consent or that your consent at that time was due to his misguiding or under effect of some kind of intoxication.

Having BF at present donot have any kind of relationship with the incident happened with you.

Thank You

Rahul Jatain
Advocate, Rohtak
3392 Answers
4 Consultations

4.9 on 5.0

A complaint about this incident after 9 years of lapse may be hard to be maintainable.

No doubt medical examination is essential once you lodge the complaint.

These are new clauses prescribing periods of limitation on a graded scale for launching a criminal prosecution in certain cases. At present there is no period of limitation for criminal prosecution and a court cannot throw out a complaint or a police report solely on the ground of delay although inordinate delay may be a ground for entertaining doubts about the truth of the prosecution story.

T Kalaiselvan
Advocate, Vellore
65940 Answers
861 Consultations

5.0 on 5.0

Does medical examination matter in my case?

The police may insist on medical examination.

Section 468 of the Code of Criminal Procedure lays down the period of limitation for taking cognizance of an offence. According to this Section, if an offence is punishable with fine only, the period of limitation shall be six months and if the offence is punishable with imprisonment for a term that does not exceed one year, the period of limitation is one year. Section 468, further makes it clear that if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years, the period of limitation shall be three years. However, this Section does not lay down the period of limitation for offences punishable with imprisonment exceeding three years. Meaning thereby there is no outer limit qua the limitation in relation to the offences having punishment for three years or more. Thus, Section 473 of the Code of Criminal Procedure enables the Court to take cognizance of an offence after the expiry of the period of limitation, if it is satisfied on the facts and in the circumstances of the case that the delay has been properly explained or that it is necessary to do so in the interests of justice.

T Kalaiselvan
Advocate, Vellore
65940 Answers
861 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer