Colombia: information for victims of rape and sexual assault

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This information is provided to help British nationals overseas make decisions about whether and how to seek medical advice and attention; report to local police; and engage with foreign legal authorities following a rape or other form of sexual assault overseas.

For information on support available in the UK, see rape and sexual assault: returning to the UK

First steps

It is your choice about what you do next, but this information may help you in coming to a decision. The most important thing is to make sure that you are as safe as you can be. You can:

  • contact the Foreign, Commonwealth & Development Office’s international emergency number on +44 0 2070085000
  • contact your tour operator if you are travelling with one
  • contact your nearest British Embassy, High Commission or consulate. Embassy staff will be polite, patient, sensitive and non-judgmental, and can provide information on local police and medical procedures. Anything you tell them will be treated in the strictest confidence. They can contact your family or friends for you if you wish

Reporting the incident to the police in Colombia

If you have a tour operator, they should be able to arrange for someone to support you. If you do not have a tour operator and you are in an area where there is a British Embassy they will try to send a consular officer to support you, or contact you in the first instance by phone. If you approach the police directly, you can also ask them to inform the British Embassy in Bogota.

If you choose to report the crime, try to do so as soon as possible, so forensic evidence can be retained. Washing yourself or your clothes may make it difficult for the police to obtain forensic evidence. If you change your clothes, think about taking those you were wearing to the police. You may wish to preserve evidence by retaining items such as condoms, toothbrushes, or texts.

Tell the police if you think you have been drugged. Insist you get a police report, and request a translation in English if applicable. There is no risk in Colombia for reporting an incident to the local police. In most cases, there will be both male and female police officers to talk to. However, it is likely that there won’t be an English-speaking officer available, and you have a right to an interpreter free of charge.

As part of the report, the Prosecutor will order a comprehensive sexual offence report, which includes a gynaecological/forensic exam called “exámen médico legal” and a psychological assessment. Both examinations are an important part of the evidence gathering process and are free of charge. These examinations will take place at Medicina Legal.

British Embassy Consular staff we can provide information on local procedures and liaise with medical and police authorities as well as support agencies in the UK. You will not have to surrender your passport whilst an investigation is carried out.

If you do not want to report the incident to the police in Colombia

The British Embassy will be able to help you. This includes helping you make arrangements to contact your insurance company, your family, travel back to the UK and/or provide you with information on local support in the UK. They can provide you with lists of English-speaking medical facilities, lawyers and translators.

If you are travelling with one, you can report the incident to your tour operator and ask them for assistance. Where possible and if you wish, the tour operator may accompany you to the local hospital. It is your choice on whether to report the crime, but if you don’t report it, your case may not be investigated if there is a lack of forensic evidence.

If you have been sexually assaulted or raped in Colombia and you wish to report the incident to the police, you must do it while you are still in Colombia and, preferably, in the city where the incident happened. You will be entitled to a forensic examination even if you have not reported the crime to the local authorities. Medical staff may interview you and report any findings to the police.

Reporting the incident to the police in the UK

It is possible to report the crime to police in the UK. However, it is for foreign police forces to decide whether to investigate a crime in their jurisdiction. UK police forces cannot investigate crimes committed overseas.

Foreign police forces can decide to request assistance from the UK police, but this cannot be guaranteed and is a very lengthy process. It can therefore be very difficult to guarantee that any justice can be accessed without reporting the crime locally. Please see rape and sexual assault: returning to the UK after rape or sexual assault abroad for more information.

Reporting the crime in Colombia – what happens next

You will need to make a statement about the incident, including a description of the attacker and later on, identify the attacker with a photo album provided by the local authorities. The local police may keep any clothes, which may be evidence of your attack to present to a forensic examiner. The police will indicate the nearest local hospital for a forensic examination.

The medical examination – what to expect

These examinations will take place at Medicina Legal. Medical staff will report the results of any examination to the police. Medicina Legal carries these examinations.

A comprehensive sexual offence report will take place, which includes a gynaecological/forensic exam called “exámen médico legal” and a psychological assessment. Medical staff will take photographic evidence. Consular staff or any other person that you wish will be able to accompany you to Medicina Legal.

Treatment

As part of the medical examination, Medicina Legal will provide:

  • antibiotics, treatment for ADH and STDs
  • pregnancy test
  • morning after pill: if the victim has fallen pregnant, medical staff can provide information on terminating the pregnancy
  • post-exposure prophylaxis treatment
  • possible sample-taking

The hospital will usually collect the clothes and if/when they liaise with the police this will be handed in to them. Assistance to victims of rape and sexual assault is free of charge in Colombia.

The British Embassy can offer a list of English-speaking private doctors. A policy is now in place which means that victims should not be asked to repeat their account or personal information multiple times, which can lead to re-victimisation.

HIV PEP medication needs to be taken within 72 hours of the incident for it to be effective. The NHS may be able to commence or continue the 28 day treatment on return to the UK. Emergency contraception needs to be taken within 72 hours of the incident for it to be effective.

If you have had medication administered overseas, you may wish to keep the label or make a note of the name of the medication, so that you let your local health provider know when you return home.

Police investigations in Colombia – what to expect

The local police will not take you to the scene of crime to identify and arrest the person. The identification process of the suspect will be made by a physical description and a photo album identification.

In normal circumstances, judicial cases go through a lengthy process that can last up to 3 years. The victim does not need to remain in Colombia for this period. If the police make an arrest, they will take the suspect before the public prosecutor and the hearings will start within a few months. However, to note that the identification process that may take longer than expected.

The victim will not be expected to go in front of the public prosecutor to make a statement. However, they can appoint a legal representative to act on their behalf whilst they are outside of Colombia. Their lawyers will have access to the victim/case notes at this stage.

Pro bono (free or low cost) service is difficult to find in Colombia, but the British Embassy can share a list of lawyers in country who may be able to. You will be allowed to leave the country once the case is filed.

Court procedures – what to expect

If a suspect is ordered to trial, the victim may be asked to testify in court during the evidence gathering process of the hearings and during the final trial. The victim will be able to testify from the UK via video conference carried at the Colombian Embassy in the UK.

Without a lawyer you will still be entitled to be kept informed of the case, but Lawyers will have the local contacts at the Prosecutor’s Office that will facilitate this process. Moreover, local lawyers are aware of what due process in Colombia means, usual processing times and will be able to advice accordingly.

A policy is now in place which means that victims should not be asked to repeat their account or personal information multiple times, which can lead to re-victimisation. The victim may drop charges after they are filled, but the charge of rape is an automatic state prosecution In Colombia that will not be dropped unless you state that the allegations were false. In this case, an investigation may be opened against you for false accusations.

The alleged assailant may press counter charges claiming false accusations. The court will order the offender to pay compensation for any injuries or losses, after they have been convicted in a criminal court or as a result of civil action.

There is a State-funded compensation scheme to cover physical or psychological injuries suffered as a result of a violent crime, but only if the events occurred within the internal conflict context. This may apply to foreign nationals as well.

When you return home to the UK

You may want to let your GP or a Sexual Assault Referral Centre know what has happened to you so that you can talk about the experience and seek further support and advice. If you believe you may be at risk of having contracted a sexually-transmitted infection (STI), you should ask your local health provider to test you, even if you have been tested in the country that the assault took place in. Local police will not normally inform the UK police.

Support organisations in Colombia

It is your choice to let people know. If you are ready to talk about it, the following organisations may be able to help you.

Línea Púrpura

  • telephone number: +57 1 018000112137 / WhatsApp 3007551846

  • hours of contact and language of service: 24/7, mostly in Spanish

Free-of-charge support line, available 24/7 for victims of sexual violence. There are female psychologists, social workers, lawyers and nurses available.

Disclaimer

This information is provided by the British Government for the convenience of enquirers, but neither Her Majesty’s Government nor any official of the Consulate accept liability for any loss or damage which you might suffer as a result of relying on the information supplied. This information is not intended to be a substitute for professional medical or legal advice.

Medical information has been provided by The Havens Sexual Assault Referral Centres of Kings College Hospital NHS Foundation Trust and The Rowan SARC NI and was accurate at the time of production.

Credit: Source link

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