Czech Republic: information for victims of rape and sexual assault
Published 11 October 2022
© Crown copyright 2022
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This publication is available at https://www.gov.uk/government/publications/czech-republic-information-for-victims-of-rape-and-sexual-assault/czech-republic-information-for-victims-of-rape-and-sexual-assault
This information is provided to help British nationals overseas make informed decisions about whether and how to:
- seek medical advice and attention
- report the incident to local police
- 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 (https://www.gov.uk/government/publications/rape-and-sexual-assault-abroad-returning-to-the-uk).
1. First steps
It is your choice what you do next, but this information may help you reach a decision. The most important thing is to make sure that you are as safe as you can be. You can:
- contact the international emergency number on 112
- contact your tour operator if you are travelling with one
- contact the Embassy on +420 257 40 2111.
Embassy staff will be empathetic, 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 should you so wish.
2. If you want to report the incident to the police in the Czech Republic
If you are on a holiday organised by a tour operator, they should be able to arrange for someone to support you. If you are in Prague, the British Embassy will try to send a consular officer to support you, where timing and location allow. You will always be able to speak to trained consular staff on the telephone 24/7.
If you approach the police directly, you can also ask them to inform the British Embassy on +420 257 40 2111 and they can offer you consular support.
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 on getting a police report. As a person/victim reporting an incident/ you do not have the right to receive a translation of the police report (Úřední záznam or Trestní oznámení) but you are entitled to have an interpreter and a person of your choosing (who may be e.g. your friend or a consular officer) present.
Additionally, you have a right to request information on the criminal procedure within 30 days.
There are no risks reporting an RSA to local police. If you do not understand Czech, the Police has to inform you about your rights in a language you understand.
As a victim of RSA, you are treated as especially vulnerable victim (“zvlášť zranitelná oběť”) and you have special rights (as per the Act No. 45/2013 Coll., on Victims of Crime; hereinafter “AVC”), namely (only the most important rights)
- right to legal assistance (“zmocněnec”, provided free of charge);
- right to specialised help;
- right to be accompanied by a trusted person of your choice;
- right to make a statement
- only once,
- in a special room and
- be questioned by a specially trained police officer of the gender of your choice;
- right to protection and security;
- incl. right to anonymity, no contact with the suspect and to make statement without the suspect being present;
- right to information;
- incl. right to receive important decisions and information on the suspect;
- right to take part in criminal proceedings;
- incl. right to be informed about investigation measures, to participate or limit your participation in the court hearings and to propose witnesses;
- right to financial compensation;
- incl. right to claim damages and one-off financial compensation.
There is no risks in reporting such incidents/crimes to the local police. Extramarital sex or homosexuality is not a crime in the Czech Republic. Same-sex sexual intercourse has not been a criminal offence since 1962.
Extramarital sex has not been a criminal offence since 1950.
You do not run any risks when reporting a rape or sexual assault if you have been drinking alcohol or taking drugs.
Drinking alcohol does not constitute a crime. (Only public drinking in selected public areas may constitute a misdemeanour.)
“Everyone is guaranteed the enjoyment of fundamental rights and basic freedoms without regard to gender, race, colour of skin, language, faith and religion” (Art. 3(1) of the Charter of Fundamental Rights and Freedoms). Drug taking per se does not constitute a crime/misdemeanour. On the other hand, possession of any drugs is illegal.
It is your right as a victim of RSA to request the presence of persons of gender of your choosing (psychologists/interpreters/police officer) when giving testimony.
You can request female or male police officers to talk to you. The police will accommodate your request. You may also request an interpreter if necessary (this will be free of charge). You can also ask for a female or male interpreter. English-Czech interpreters are widely available in the Czech Republic, but there may be occasions where police officers will need to wait for an official interpreter to be available.
Investigations are primarily led by the responsible Police authority (in case of RSA by the Service of the Criminal Police and Investigations “SKPV”) and supervised by the responsible State Attorney. You will be asked to provide as detailed an account of the events as possible. Forensic evidence will often be requested too.
While you are at the police station, the Embassy can offer information on investigation procedures, advice on seeking medical help and links to victim support groups. We can also be in contact with friends or family should you so wish. If you wish to contact the police, consular staff may be able to accompany you. You can take a trusted person or a legal adviser to the interview, if you wish.
You will be asked to show formal identification, such as your passport. The document will be returned to you as soon as the police have established your identity. You will not be required to surrender your passport.
Victims of RSA have right to legal advice from the registered attorney, provided upon request and free of charge (§ 6 of the AVC). You are also entitled to the presence of a person of trust (this can be a friend/family member).
3. If you do not want to report the incident to the police in the Czech Republic
The British Embassy will be able to help you. This includes helping you to contact your insurance company, your family, arranging to 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 also report the incident to your tour operator and ask them for assistance. If you wish, the tour operator may accompany you to the local hospital. If you wish, and depending on location and timing, a member of consular staff may be able to accompany you.
It is your choice on whether to report the crime. If you do not report it, your case may not be investigated.
Reporting the crime while still present in the Czech Republic enables the law enforcement authorities to act immediately. Reporting a crime abroad (via post/phone call/e-mail etc.) and conducting cross-border investigation measure with a state outside the EU and Schengen cooperation area (like UK) is legally possible but practically prolongs the criminal procedure by months or even years.
If you do decide not to report the crime to the police, you will still be able to get medical attention. Medical attention is provided without any consequence to the criminal proceeding. The costs are covered at later stage via private or national insurance (GEHIC). In the case of RSA, medical staff are not obliged to report any incidents involving violence or which are criminally suspicious to the police, unless requested to do so.
4. If you want to report the incident to the police in the UK
Back in the UK, you can report the crime via means of electronic communication (email or the Czech system of data messages – datová schránka – if you possess one), pursuant to Art. 59(1) of the Code of Criminal Procedure (hereinafter “CCP”), to
- the Police of the Czech Republic;
- the State Prosecutor’s office.
The support available to you and your access to justice may vary according to where you report the crime.
If you are staying in the country where the crime took place, you should report the crime in that country. If you are a British national and you need help to report the crime, you can contact the British Embassy in Prague, or the Foreign, Commonwealth & Development Office in London. If you do not report the crime in the country where it happened and you return to the UK, you can still report the matter to your local UK police; however, this can prolong the process considerably.
The UK police should send the information you provide to the country where the crime happened. However, it is for foreign police forces to decide whether to investigate a crime in their jurisdiction and they may not take action.
You can report the crime to the UK police even if you are not seeking an investigation abroad. The UK police can offer you access to victim support in the UK. They may still send some details of the crime to police in the country where it happened. This might be necessary in order to protect vulnerable people, or to stop more crimes being committed
5. Reporting the crime in the Czech Republic - what happens next?
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 and social media messages.
Tell the police if you think you might have been drugged.
As a victim or the person reporting the incident/crime, you have right to obtain a copy of the police report. You will be informed about this right at the end of the interrogation. A translation in English is not usually provided; however, the content will be explained to you by the interpreter.
During the interview with the police, you will be asked questions to help them conduct their investigations. This could include making a statement about the incident and giving a description of the perpetrator(s).
Evidence such as the clothes and underwear you were wearing and other items that the offender has touched will be retained. It will help the police to gather evidence and build a criminal case. The police will take you to a hospital for a medical and forensic examination.
Electronic equipment such as mobile phones and tablets will also be taken temporarily to secure data that might serve as evidence in the investigations and in a court case. Devices will then be returned to you, usually within months. You can apply for the return of your possessions at any time; in case the application is denied, you can re-apply after 30 days.
There is no limitation on when you can report a crime to police. Depending on the circumstances of each case, the statute of limitations of RSA crimes might be from 3 to 30 years.
6. The medical examination – what to expect
All hospitals and medical centres with a gynaecological ward provide help and medical treatment to victims of rape and sexual assault. The costs are covered by the state or health insurance company.
Hospitals do not report the results of any examination to the police. Hospitals will only inform the police if you agree to this.
The forensic medical examination to secure possible evidence will be carried out by a qualified medical practitioner. If you prefer to be examined by a medical practitioner of a specific sex, the hospital will try to arrange this, but this cannot be guaranteed. Swabs will be taken and there will be a gynaecological or urological examination. Tests for sexually-transmitted diseases (STDs) will be carried out as well as a pregnancy test, where appropriate. Photographs may also be taken to document any injuries, for which you will receive emergency treatment.
If you are in an area where there is a British embassy, we will try to send a consular officer to support you, where timing and location allow. You will always be able to speak to trained consular staff on the telephone 24/7. If you want us to, we can get you in touch with specialised local support organisations as well.
As a victim of RSA, you have a right to be accompanied by
- one person of your choice (so called “důvěrník”) during the Police questioning and other criminal proceedings to provide emotional support to you. This could be a member of your family, a friend or a consular officer. He/she may be also present during the interrogation in special room, if requested;
- your legal adviser (“zmocněnec oběti”) provided free of charge
7. Medical Treatment
Medical staff can give advice on HIV Post-exposure prevention (PEP) at one of the registered HIV medical centres in the Czech Republic. Doctors there can assess and prescribe HIV PEP medication, which is covered by the medical insurance in case of RSA victims.
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 is not free in the Czech Republic. It is available for purchase in local pharmacies and prescription or medical referral is not needed. Emergency contraception needs to be taken within 72 hours of the incident for it to be effective.
Necessary treatment and tests are generally covered by public health insurance. To prove your eligibility, you may be asked to produce your EHIC or GHIC card to the health services provider. Any treatment provided is on the same terms as Czech nationals. If you do not have your EHIC/GHIC with you or you’ve lost it, you can call the NHS Overseas Healthcare Team on +44 191 218 1999 to get a Provisional Replacement Certificate. Health-related costs may be covered by your travel insurance.
If you have received any medication overseas, you should keep the label or make a note of the name of the medication so that you can share this information with your local health provider on your return home.
8. Police investigations in the Czech Republic – what to expect
The victim has right to no contact with the suspect during the investigation (Art. 17(2) of the AVC).
If a suspect is brought into the police station, you may be asked to make an identification. However, you have the right not to have any direct contact with the suspect. In such instances, police may use audio-visual equipment or a one-way mirror for identification purposes.
If the police make an arrest, the suspect must appear before the court within 48 hours. The judge then has additional 24 hours to decide whether the suspect be remanded in custody or released. You have right to be informed about the whereabouts of the suspect.
You usually make your statement to the police, which can be also written or provided by your lawyer. As RSA victim, you are entitled to a legal advice by a lawyer, provided free of charge.
As RSA victim, you are also entitled to a one-off financial compensation paid by the Ministry of Justice.
Under the 2013 Czech law on victims of crimes, you are entitled to a wide range of free services, including free legal representation from lawyers who are listed in a special register of providers offering help to victims of crime – website in Czech language only. You can search the register by regions and/or language; some can provide their services in English, others not. You can choose specific provider or the police officer will assign one to you.
You have a right to have no contact with the accused.
You will usually not have to stay in the Czech Republic after your interrogation while the investigation is ongoing. During the whole criminal procedure, your legal adviser (“zmocněnec oběti”) will participate in each stage of the investigation and during the court trials where he/she has right to present your statement on the impact the crime has had on your life and health. You may ask for your interrogation not to be repeated.
Whilst this is highly unlikely, if your testimony is needed during the court trial, you might be interrogated e.g. via videoconference call/at the consular office in the UK. In the event that you are required to attend in person, your travel costs will be reimbursed.
9. Court procedures – what to expect
In all circumstances, you have right to request not to repeat your interrogation. If no investigative interrogation (in person or via video) was carried out before, it may be possible for you to testify via video link from the UK. This, however, depends on the court.
You can also request that the Police to inform you about developments in the case within 30 days of you reporting the incident.
As a rule, the criminal investigation is led ex officio, i.e. independently by the Police authority. Art. 163 of the CCP sets some exceptions when your consent as a victim is required, i.e. in case where the suspect is your partner or relative. In cases where the victim is under 15 years of age, the crime resulted in death or someone intimidated you, your consent will not be required.
Compensation for injury and losses is not awarded automatically. You will need to make a claim for this. You can either do this in the criminal proceedings, or after the trial in a civil lawsuit.
10. How can my case be taken to trial?
In order to take a case to trial, you must file a formal report with the Czech police or state prosecutor’s office. This includes the provision of a personal account of what happened and any additional information you may have. It can be done in person, over the phone or in writing. Once you have made a formal statement, the police and public prosecutor will investigate the crime, build a case and take the matter to court. The court will decide whether the trial will go ahead, or if further investigations are necessary for this to happen.
It is advisable to report any crime without delay. In the Czech Republic, crimes can be reported either in person or in writing. It can be done from the UK but this will delay the process considerably.
11. Trial procedures
Trials are conducted in Czech.
If your testimony is required in court, you will receive a court summons to attend the trial proceedings. The trial will be conducted in Czech, however, if you need to testify, an interpreter will be provided for you. You may also be able to testify from a Czech consulate in the UK.
If you receive summons and have to be present at the court hearing, the costs connected to the presence at the hearing will be covered by the state. The claim for remuneration has to be filed within 3 days of the hearing and calculated within 15 days. Courts do no provide assistance with travel or accommodation.
The length of criminal proceedings varies and depends on many factors, e.g. seriousness of crime, nature of investigation needed, and cooperation of all relevant parties. On average, the length of criminal proceeding in 2021 in the Czech Republic lasted 201 days. The defendant has a right to appeal.
12. Hiring a lawyer
An attorney (“zmocněnec”), provided free of charge, represents you in the criminal proceedings, provides legal advice, can review the case file, submit suggestions for evidence, deliver your final speech, submit any complaints or appeals, etc.
List of English speaking lawyers (https://www.gov.uk/government/publications/czech-republic-list-of-lawyers/list-of-lawyers-in-czech-republic)
List of translators/interpreters (https://www.gov.uk/government/publications/czech-republic-list-of-translators-and-interpreters)
List of service providers for victims of crimes (website in Czech only) (https://otc.justice.cz/verejne/seznam.jsf)
13. Communication
At the initial stages, your main contact point will be the investigating police officer and prosecutor. At the court stage, this is usually a court employee.
If you are not resident in the Czech Republic and have appointed a lawyer, the lawyer’s address will be sufficient to receive correspondence. Otherwise the authorities will need your home address in the UK.
You can ask the police, public prosecutor’s office and the court to be updated on developments, in case you do not have a lawyer/legal adviser.
14. Legal aid
Victims of RSA have an automatic right to the services of a legal adviser free of charge.
You can also receive legal aid from the victim support organisations (irrespective of your financial status).
A privately employed lawyer is not necessary and will charge you unnecessarily for legal services. The legal adviser’s fees are covered by the state for victims of RSA. A legal adviser will guide you through proceedings, advise you on legal matters and represent you at court.
15. Sentencing
Rape, sexual assault and sexual abuse are separate crimes. The offender will be therefore found guilty of one (or more) of these specific crimes. All of them fall under the category of crimes against human dignity.
The sentence depends on the type of crime, the circumstances, motive, or the vulnerability of the victim, whether the crime was aggravated and whether there were any mitigating circumstances.
If the alleged perpetrator is found not guilty by the final decision (i.e. no appeal is available), you can still try to claim compensation for damages in civil proceedings.
16. Compensation
The court may order the offender to pay compensation for physical injuries, damaged possessions or non-pecuniary loss sustained as a direct consequence of the criminal act. You need to apply for such compensations at the beginning of the trial and provide evidence. Other types of compensation must be claimed in civil proceedings.
There is a state-funded compensation scheme available to victims of sexual or violent crimes administered by the Ministry of Justice. Victims of rape or sexual assault are typically eligible for compensation for physiotherapy, psychotherapy or other specialist help up to the limit of 50 000 CZK.
17. When you return home to the UK
You may want to let your GP or a Sexual Assault Referral Centre (SARC) know what has happened to you so that you can talk about the experience and seek further support and advice where you live.
17.1 England
NHS Choices website, or search the internet for ‘NHS SARC’
17.2 Scotland
Archway SARC: phone 0141 211 8175
https://archway.sandyford.org/what-is-archway/
17.3 Wales
New Pathways SARC: phone 01685 379 310
http://www.newpathways.org.uk/sexual-assault-referral-centre/
Ynys Saff Sexual Assault Referral Centre - Cardiff and Vale University Health Board
17.4 Northern Ireland
Rowan SARC Northern Ireland: phone 0800 389 4424
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. You should do this even if you were tested in the country where the assault took place.
18. Support organisations in the Czech Republic
It is your choice to let people know. If you are ready to talk about it, these organisations may be able to help you.
Bily kruh bezpeci (White Circle of Safety)
- U Trojice 1042/2, 150 00 Praha 5
- Tel.: +420 257 317 110
- non-stop, English speakers available
- bkb.praha@bkb.cz
- support for victims of crimes; legal, psychological and social counselling
- Gorkeho 17, Brno
- Tel.: +420 737 834 345, +420 545 245 996
- Mon – Fri 9 AM – 5 PM
- poradna@persefona.cz
- psychological, legal and social support to victims of domestic and sexual violence in the Moravian region
- PRAGUE - V Luhu 715/6, 140 00 Praha 4
- PŘÍBRAM - Dlouhá 97, 261 01 Příbram III
- BEROUN - Wagner square no. 1541, Beroun
- BENEŠOV - Piaristická kolej Masarykovo nám. 1, 256 01 Benešov
- Available by prior appointment - to arrange one, please call or email poradna@profem.cz
- Info-line for victims of sexual violence: +420 777 012 555 on Tuesdays from 5 pm to 7 pm and Thursdays from 7 pm to 9 pm. Outside of these hours, a phone message alerts the caller that they are calling outside the social workers working hours.
- Centre for victims of domestic and sexual violence offering psychological, legal and social support
- Podolská 242/25, Prague
- Tel.: +420 241 432 466
- info@rosacentrum.cz
- Available Mon - Fri
- Supporting victims of domestic and sexual violence, offering psychological and legal advice; can offer accommodation in its asylum house or ‘safe’ flats (address not shared)
Disclaimer: This information has been prepared by HMG officials who are not legally or medically trained. It should therefore never be used as a substitute for professional medical or legal advice. It is intended to help British nationals overseas make their own informed decisions. Neither HMG 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.
Medical information has been provided by The Havens Sexual Assault Referral Centres of Kings College Hospital NHS Foundation Trust and was accurate at the time of production (02/02/2022).