Guidance

France: information for victims of rape and sexual assault

Updated 22 September 2022

If you’ve been sexually assaulted it’s important to remember that it was not your fault. Rape and sexual assault is always wrong – no matter who commits it or where it happens. It is traumatic and it can affect you both physically and emotionally. Do not be afraid to get help.

This information is provided to help British nationals overseas make informed decisions about whether and how to:

• seek medical advice and attention
• report 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.

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 international emergency number on 112
• contact your tour operator if you are travelling with one
• contact your nearest nearest British embassy, high commission or consulate on 00 33 114 513 100. 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 if you wish.

If you want to report the incident to the police in France

Before you go to the police station

If you have a tour operator, they should be able to arrange for someone to support you. If you are in an area where there is a British embassy or consulate, they 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 nearest British embassy or consulate on 0033 144 513 100 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.

At the police station

Tell the police if you think you have been drugged.

Ask for a police report and request a translation in English if applicable. It might not always be possible to see a female officer, but we can request one on your behalf.

We can call ahead to inform the police that you wish to go in to make a complaint so that your visit can be organised. If time and distance allow, we can also accompany you to the police station, although we cannot interpret for you. If you do not speak French, the police will provide an interpreter, but this can take some time to organise so you might need to wait.

At the police station, you will be asked to provide a statement and describe the attacker, and the police will keep any items of clothing and sometimes electronic equipment that can be relevant to an investigation. The police will also ask you to undergo a forensic examination and will take you to a specific hospital service called a Unité Médico Judiciaire. These services exist in most city hospitals across France. See medical examination: what to expect.

You will not be expected to surrender your passport at any time.

A lawyer will not be assigned to you at this point as this is a separate procedure.

See Hiring a lawyer, legal procedures and what to expect.

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

The British embassy or consulate will be able to help you. This includes helping you to contact your insurance company, your family, making arrangements 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 don’t report it, your case may not be investigated.

Reporting the incident after leaving France

It is possible to report a crime after leaving France by writing to the public prosecutor at the local court. However, it is likely that you will be asked to return to France to make a statement.

You can receive the medical attention you need regardless of whether you report the attack to the police or not.

If you want to report the incident to the police in the UK

The support available to you, and your access to justice, may vary according to where you report the crime. In many countries, you need to report the crime before you leave the country, if you want it to be investigated and police to obtain important evidence.

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 nearest British embassy, high commission or consulate, 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 it to your local UK police.

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.

Reporting the crime in France: what happens next

Once you have made your statement to the police, you will be taken for your medical examination.

Medical examination: what to expect

The A&E in all hospitals can provide care for victims of rape and sexual assault. Although a GP can provide some care and support, hospitals provide the best service.

Hospitals have a legal obligation to report any care provided to minors or vulnerable adults as a result of rape or sexual assault.

Medical staff will carry out the examination. They will:

• check for external injuries
• take internal swabs
• perform blood tests for STDs, pregnancy and any drugs
• collect DNA from your skin or under your fingernails if appropriate
• take pictures of any injuries you might have sustained

While it cannot be guaranteed, you have the right to request the presence of a female member of staff. The medical examination is the same for male and female patients.

We will help you find the closest hospital and can call ahead to inform them that you are coming. If you would like a Consular officer to accompany you, we will try to do so where time constraints allow for this. If you are travelling with a tour operator, their local rep might also be able to escort you. It is essential that you receive medical support and care as soon as possible.

Treatment

Hospital medical staff give advice on HIV PEP medication (‘post-exposure prophylaxis, a treatment that can prevent HIV infection). PEP can be prescribed by a doctor at the A and E, an infectiologist or by an HIV detection centre. It is medically prescribed, and you should have follow -up visits with a specialist.

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.

You can get emergency contraception at hospitals and pharmacies. It is free for minors. You will need a prescription to receive a refund.

Emergency contraception needs to be taken within 72 hours of the incident for it to be effective.

Hospital treatment and tests are free for minors. If you have travel insurance, they should cover the cost. If you do not have travel insurance, you can present your EHIC/GHIC which covers part of the fees.

If you have had medication administered overseas, you should 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 France: what to expect

The police will be looking to identify not only the attacker but also the location of the attack. If you are unsure of the location, they might take you to the area where you think it might have happened to get a clearer idea.

It is possible that the police will ask you to identify a suspect who is brought into the police station, but this would normally be with photos. The police rarely ask victims to identify a suspect through tinted glass.

If the police make an arrest, the accused can be remanded in custody for 24 hours, which can be extended to 48h on the authorisation of the public prosecutor. The public prosecutor from the nearest high court is the lead in the initial stage of all police investigations and so is the ultimate decision maker regarding proceedings.

After the period of police custody, the suspect will either be released or presented to the public prosecutor who will decide whether the case can be fast tracked, with immediate sentencing or if further investigation is needed. In the event of an investigation, the accused might be released with a summons to appear in court, granted bail (possibly with a tag) or detained.

When the public prosecutor has decided that sufficient evidence has been gathered, they will pass the investigation on to an examining magistrate. This magistrate will then become the lead on actions to be taken by the police and might ask to interview you. If you do not wish to come for an interview but you have a lawyer, your lawyer can attend.

You will not be expected to remain in France throughout this process.

Hiring a lawyer, legal procedures and what to expect

When you make a complaint to the police, it is passed to the Public Prosecutor’s office at the court for assessment. If at any time you withdraw your complaint, this will have no legal repercussions for you, but the withdrawal will not automatically put a stop to the investigation. The public prosecutor will decide whether there is good reason to continue the investigation, even without further input from you.

If the case does continue for further investigation, you may be asked to make an additional statement or attend a “confrontation”. The victim and the accused are required to attend a meeting with the police or the magistrate, in order for each party’s account of the events to be read to each other so that each can then provide their reaction. This is done in such a way that there is no direct conversation between the victim and the accused, but it can still be extremely distressing.

During an investigation, under French law, the only person who can have access to the file and provide updates is a lawyer, and this can be one you appoint privately, or a court appointed one.

The lawyer’s role is an important one as they would explain the legal process to you, liaise with the court, provide you with updates and ensure your rights are upheld. They also explain the impact the attack has had on you to the court and make a claim to the court for you to receive compensation for any losses or injuries you might have sustained.

Some lawyers specialise in rape and sexual assault cases, many specialise in criminal cases generally. Find a lawyer in France.

The lawyer would represent you as “civil party”. Although you are the victim, you need to become civil party if you want to be included in the process, and the court would normally send you the forms for you to do this (this can be in English). You can also ask your lawyer to organise this, even before you receive the forms. This will then enable you, through your lawyer, to follow the progress of the investigation, ask questions and receive support if/when you come back from France for a trial.

If you are not resident in France and are unable to provide a local address, your lawyer can receive documents from the court on your behalf. This is common practice.

If you are unable to pay for a lawyer, it is possible to apply for legal aid in France provided you are formally a civil party. This is regardless of your residency status and your nationality. In France, legal aid is means tested for sexual assault cases but not for cases of rape. The court will provide information about this.

If you want to apply to be civil party but do not want to appoint a lawyer, this is possible. However, although the court will notify you of any key dates and information about the procedure (in French), you will not have access to the file, and you should not expect to be able to exchange freely with the examining magistrate and the consulate cannot do this either.

The accused can only press counter charges claiming false accusations if the charges are dropped before trial or they are acquitted.

Trial procedures

The court or your lawyer will inform you if there is going to be a trial, once the court has assessed the evidence. There is no specific timeframe for this assessment to be made or for a trial date to be set.

There is no obligation for a victim to attend the trial, but you will have the opportunity to do so. It might be possible to testify via video link.

If you do attend the trial and it is at the assize court, which deals with criminal matters, if you are civil party the court will offer to reimburse you for your travel expenses. The French Victim Support association can attend the trial to support you and the court will provide an interpreter. Trials usually last a few days and the sentence is usually given as soon as the jury has made a decision.

Sentencing

If found guilty, the defendant has the right to appeal once and then, if they are unsuccessful, they can have the case reviewed by a specific court that will consider the procedures to ensure that they have been applied correctly. This means that in some cases it can take some years for the final sentence to be passed.

In the event of a guilty verdict, the defendant would be guilty of a crime against a person.

The sentence pronounced by the judge would be weighted in favour of punishment for the accused through a sentence along with a fine and reparation for the victim through compensation.

The sentences for rape and sexual assault vary greatly, depending partly on the age of the victim and their connection to the perpetrator. The judge can pass down a sentence of between 15 to 30 years for rape, and 5 to 7 years and up to 100 000 euros fine for sexual assault.

The presiding judge decides how much money should be paid by the perpetrator to the victim in compensation. If the perpetrator does not have the funds to pay, there is a state funded organisation called the Commission d’Indemnisation des Victimes d’Infraction (CIVI) that can fund the compensation, and this applies to victims of rape or sexual assault whether or not they are resident in France.

Only the judge of the criminal court can order the perpetrator to pay compensation. There is no civil action possible in another court.

If the investigation is closed without the accused going to trial, the victim, as civil party, can appeal this decision. However, if the case goes to trial and the defendant is found not guilty, only the public prosecutor can appeal the verdict.

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.

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 have been tested in the country that the assault took place in.

England	NHS Choices website, or search the internet for ‘NHS SARC’
Scotland	Archway SARC: phone 0141 211 8175
Wales	New Pathways SARC: phone 01685 379 310. Ynys Saff Sexual Assault Referral Centre - Cardiff and Vale University Health Board
Northern Ireland	Rowan SARC Northern Ireland: phone 0800 389 4424

Support organisations in France

It is your choice to let people know. If you are ready to talk about it, the organisation France Victimes is best placed to help you. Telephone: 33 (0)1 80 52 33 76 from 09.00 to 19.00 seven days per week.

France Victimes is the umbrella organisation for all of the official victim support associations (Aide aux victimes) across France. There is one office for each départment (administrative district) across France. They can provide administrative help and counselling.