• Child abuse

Hello, I am 27-year-old female. I was sexually abused by my tuition teacher when I was 10 years old and it lasted for 5 years in his house. I was so naive when it happened but as i grew up and realized what had happened, i developed severe depression and anxiety. I've lost most of my life treating the physical and metal impact of that relationship and took psychiatry treatment few times. Nobody in my family knows about it, but finally I told my husband about the incident. He understood the situation and advised me that we should proceed legally just to save another girls life from that evil. But I'm living abroad (still citizen of India), what are my rights here? If I can’t proceed legally, my husband is insisting on at least talk to him and mention about the pain I have gone through and to make him to say sorry at least. Do I have any legal problems if i do that?
Asked 5 years ago in Criminal Law
Religion: Christian

2 answers received in 30 minutes.

Lawyers are available now to answer your questions.

16 Answers

Dear Client,

Law towards girls especially minor girls is very strict at present, even death sentence to accused in case of rapping girl below 12 years of age. Allegations shall be tough to prove as old enough but filing police complain shall be right course . Your husband is supporting you, so now it`s his time for pay back. Once Complained, whatever be the result or no result, but social stigma, disrepute , saving other girls from present if any and future harassment etc.

Send complain via registered post to local police station, SP office, Ministry of external affairs, women cell, CM office and local daily news paper. once matter got high lighted, he will be behind bar and rare possibility of early bail.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

1) You have full rights to talk about it and that teacher is very shameful. First try to contact your teacher make him realize what act he had done in past in front of his family members.

2) You should arrange get together on phone and meet along with your husband and parents with atleast his wife and him.

3) And let him realize what was happened in fast. If you want to take legal actions we can proceed with that also.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

1) There is no problem in talking to your abuser about mental trauma undergone by you

2)You can file Police complaint against the abuser for abusing you for period of 5 years

3) before the 2012 Act. Child sexual abuse was prosecuted under the following sections of Indian Penal Code:

I.P.C. (1860) 375- Rape

I.P.C. (1860) 354- Outraging the modesty of a woman

I.P.C. (1860) 377- Unnatural offences

Ajay Sethi
Advocate, Mumbai
94733 Answers
7539 Consultations

5.0 on 5.0

Socially you can but it is too late to go for any legal action on them you need to if you can take any social action against him and at least as your husband suggest you need to talk to you and let him feels what he did to you and it should be known to him to realise that someone is talking about his sin

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

Hi, to proceed legally against him , a FIR has to be registered here in India .. Since there is a delay in FIR of almost 15 years , the investigation will be tough and it will require your presence

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

You have no legal problems in doing that, neither in proceeding legally against him nor in reaching out to him once so that he repents/.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

See if you legally complaint against the teacher then you have to be present for deposition a statement before the police and the court.

further if you talk to such evil person there will be no use such people are threat to society and can further say something that can disturb your life to better you either take step legally or you should contact NGO in the area and inform same to them they can proceed or to the women commission,

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1. You do not have any legal problem at all to ask the said perpetrator of crime the reason for having committed the said ghastly crime and about his proposal to compensate the damage and loss suffered by you.

2. A very strict Act called called POCSO Act (Protection of Children from Sexual Offences Act) has been enacted in the year 2012 to punish such criminals.

3. You can lodge a detailed police complaint by sending a letter from your place and keeping record of the delivery of the said mail to the police station.

4. If no action is taken by the police within next 1 month, you can send the complaint to the DC/SP having jurisdiction on the said police station.

5. If there is still no action from their side, you can file a Writ Petition before the High Court against police inaction praying for a direction upon the police to register FIR, investigate and act as per law based on your said complaint.

6. In any case, you shall have to show reason for your keeping quite for such a long time even after becoming an adult.

7. Your husband's proposal to talk to the said person is a good idea and the said conversations can be used as a good evidence against him. So, audio record the conversations with that person.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

1. IRRESPECTIVE of your place of residence or citizenship, a complaint can be filed for investigation and relevant legal action on the perpetuater of a crime. This is without any time constraints. You can even request to keep your complaint as anonymous.

2. On receiving a complaint, the relevant authorities would keep the suspect under watch for investigation for a reasonable time frame. IF the suspect is a habitual offender, THEN sooner or later he will be caught & prosecuted.

3. Logically, only a wound can be treated. A scar always remains and the person has to overcome the same using his own will-power by diverting into other focused activities. TRY.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

You can lodge an online complaint to concerned police \women police\ she teams of harassment mated to you by your tution teacher by narrating entire facts. Once you lodged complaint the police will respond with the status of complaint. You have no legal complications or problems, but you will be asked to give statement\ evidence of the case.

Lakshmi Kanth
Advocate, Hyderabad
446 Answers
15 Consultations

4.7 on 5.0

The stringent Protection of Children from Sexual Offences (POCSO) Act, which came into force in 2012, is not applicable to sexual abuse committed prior to its enactment. Crimes such as digital penetration and oral sex under the old law need to be reported within two years of the incident.

Under the Criminal Law Amendment Act of 2013, the definition of rape was expanded to include non-penile penetration and oral sex, but this too can’t be applied retrospectively

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Hello

A tutor abused you and you are still feeling the repercussions of it mentally and physically. He may have abused and may be abusing more children. Most of them would never be able to recuperate from that trauma.

Therefore in the larger interests of society you should start criminal proceedings against that person. He should be taught a lesson. Maybe you will feel better when you will save other people's lives.

Regards

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Hi

First of all talking to him just to listen the WORD SORRY is of no value in front of the pain you went through.

If you want to teach him a lesson in real sense then file police complaint against him for sexual abuse. You are in abroad so this can be processed online.

Still if you don't have guts or time or value to carry out a police complaint then SORRY also wouldn't do any good.

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

That person will will deny your accusation. He will not apologize as per my thinking. So go the legal way. File FIR against him for child abuse.

Abhilasha Wanmali
Advocate, Nagpur
1021 Answers
1 Consultation

4.8 on 5.0

1. You have not mentioned what was the nature of 'sexual abuse'. If it was short of rape then only Section 354 IPC is attracted, but the limitation period for the court to take cognizance of the offence under Section 354 IPC is 2 years from the date of offence or discovery of it. So the criminal case will not stand after 12 years from the incident now.

2. You may also file a suit for compensation against him to seek compensation to the tune of crores but in the civil court too you will have to prove your allegations.

3. You can speak to him and if he acknowledges what you allege then you can record it and proceed against him on the basis of recording.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

It will be too late to initiate any legal action against the teacher at this stage.

You do not have any evidence to even corroborate your complaint

The police may need witness or evidence

You say that you were abused at the age of 10 years for five years and now you are 27 years old, nothing prevented you from reporting this to your parents then and also you never bothered to take any steps on this to get him punished for more than 15 years.

Therefore the complaint or any case may not be maintainable and even the police may not entertain any complaint.

Moreover since you are settled peacefully at abroad, better forget the events as bad dreams and move on in your present life.

Better ignore the issue and come back to normalcy forgetting the incidents, because if you taken any action agaisnt him he may backfire by saying that you are doing it intentionally without any truth in it and he may even file a defamation case against you.

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 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