BEYOND THE CRIME: SECONDARY VICTIMISATION OF RAPE SURVIVORS IN INDIA

Abstract

This paper examines the phenomenon of secondary victimization faced by survivors of sexual assault within India’s criminal justice system, arguing that the legal process often inflicts a second layer of harm beyond the original crime. Drawing on the neurobiology of trauma, the paper explains how trauma disrupts memory, behaviour, and emotional expression, making survivors’ responses appear inconsistent with the expectations of police, doctors, prosecutors, and judges. It critiques the persistence of the “ideal victim” stereotype, which privileges a narrow and unrealistic image of victimhood shaped by patriarchal and cultural notions of purity, honour, and credibility. The paper further shows how institutional hostility manifests at multiple stages: during FIR registration, medical examination, investigation, crossexamination, and media reporting. These practices not only undermine the survivor’s dignity and privacy but also shift the burden of proof onto the complainant, thereby distorting the presumption of innocence and violating constitutional guarantees under Article 21. By engaging with recent judicial observations and contemporary cases, the paper highlights how procedural failures and identity disclosures contribute to social death, psychological breakdown, and in some cases, suicide. It concludes that meaningful gender justice requires trauma-informed policing, mandatory use of Vulnerable Witness Deposition Centres, recorded single-point testimonies, strict anonymity protections, and a shift from a purely punitive framework to one that includes state-backed psychological rehabilitation. Only then can the justice system cease to function as a secondary abuser and begin to operate as a genuine site of healing and protection.