How Can Legal System Be Empathetic Towards Sexual Abuse Survivors

Madras High Court has said that the legal system is not friendly enough to the sexual abuse survivors to fight against such abuses. It causes embarrassment due to long trials which only adds up to the mental trauma they are already facing. 

The court headed by Justice N Anand Venkatesh made his judgement while quashing a long-standing case of sexual abuse in Chennai city court. The FIR of the case was lodged in 2020 based on the complaint of a woman who claimed that a man on a motorcycle groped her. She even produced the CCTV footage from the neighbouring house. However, on August 11, 2023, she was made to sit in the trial court for long hours without any fruitful proceeding. Then, she filed a petition in the Madras High Court seeking to quash the summons given to her by the trial court.

Why did the court quash a sexual abuse case proceeding?

The court believes that there is no fruitful outcome of the trial as the perpetrator has still not been identified. The judge said, "The instant case brings to light the stark reality that is involved in sexual abuse cases. Not many are willing to come to Court and fight for the abuse that they underwent. Even for those who want to fight and establish their right, the system does not seem to be friendly and on the other hand, such survivor will have to undergo embarrassing moments in the Court."

Taking into consideration the dignity and interest of the petitioner, The court said, "A criminal trial doesn't need to go on just to dabble with an incident involving sexual abuse even without identifying the accused.”The judge further added that the proceeding would only result in embarrassing and vilifying the survivor while the accused still roams scott-free as he has not been identified by anyone. 

The court concluded by saying, "If the case is allowed to proceed further it will be a mockery of womanhood."