Guidance

Cuba: information for victims of rape and sexual assault

Published 6 January 2023

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 106 to request police support or go to the nearest police station in the neighbourhood where the incident happened. Front desks at hotels, or the owner of a private house (‘casa particular’) if you are staying at one of these, can give you this information
• contact your tour operator if you are travelling with one
• contact the British Embassy in Havana on (537) 214 2200. 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 Cuba

There is no risk for you in reporting the crime to the local police.

If you have a tour operator, they should be able to arrange for someone to support you. If you are in an area near the British embassy, 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 British embassy on (537) 214 2200, selecting the option for consular assistance when prompted, 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.

The police are there to help you. You should give them much detail as you can remember, such as:

• where you were
• who was there
• what you were wearing
• what the other person was wearing

If some details are not clear, or you do not remember, you can say that to the police. Tell the police if you think you have been drugged.

Spanish is the official language in Cuba. Officials at the police force in Cuba do not usually speak English fluently. If you do not speak Spanish, ask for a translator to be provided by the Cuban authorities. Depending on your location, it may take time for the translator to arrive. The British Embassy can provide a list of certified private translators that you can hire and pay for.

You should offer your statement in the presence of an interpreter if you do not speak fluent Spanish. If possible, we recommend that a Spanish-speaking person accompany you, as interpreters may not always be immediately available.

You must sign your police report. This is your official statement on the incident. The report will be written in Spanish. Review it carefully or ask your translator or interpreter to read it to you before you sign. Ask for a copy of the police report, and request a translation in English.

You can request to speak to a female officer if one is available. The police will collect physical and testimonial evidence, which may include:

• the clothing worn during the crime
• medical examination
• a detailed account of the incident

The police will keep any clothing and physical evidence which could be used as evidence.

You will not have to give up your passport whilst any investigation is carried out. The police normally make a photocopy of your passport.

Rape is a criminal offence in Cuba. If the incident is reported and there is enough evidence, a case will be logged against the perpetrator and proceedings started, even if you do not want to press charges.

If you cannot afford your own lawyer, the government will assign one to represent you in court. However, if you wish to speak to a lawyer for independent legal advice, you can contact a private lawyer.

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

The British Embassy 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 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.

It is your choice on whether to report the crime. If you do not report it, your case may not be investigated.

If you choose to report the crime, you must report it while you are in Cuba and in the city where the incident happened for it to be investigated.

If you do not report the crime to the local police, you will not have to go through the forensic examinations. You will still be able to get medical attention and you can go to the nearest hospital, local doctor or gynaecologist.

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 British Embassy in Havana on 537 214 2200, 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 Cuba: next steps

After the ‘denuncia’ (report) is logged, the Police Investigation Officer (PIO) in charge of the case is responsible for conducting the investigation, gathering the evidence and keeping you informed on any developments in the case.

If the suspect is arrested and brought to the police station, you may be asked to make an identification. The suspect can be held for 72 hours, after which they will be charged or released. The PIO can then refer the case for further investigation to a judge. The judge will then either:

• detain the suspect
• release them on bail pending trial
• release the suspect if there is insufficient evidence to prosecute

Investigations into crimes in Cuba often take months or years and may go unresolved. No criminal investigation is possible without a formal report to Cuban authorities. Reports must be made in person before leaving the country.

If during the investigation you decide that you no longer want to continue with the investigation, you should inform the Police Investigation Officer in charge of the case.

You will be allowed to leave the country at any point, even if the case is not closed. Local police in Cuba will not inform UK police nor ask them to undertake police checks on you.

The medical examination: what to expect

If you have reported the crime, the police will take you to the local Institute of Legal Medicine (ILM) to be examined. The main ILM is based in Havana, with smaller offices based in the rest of the country. You’ll be taken to the nearest office.

If you haven’t reported the crime, you can get treatment in any ‘international clinic’ on the island. Find a clinic in Cuba.

If local tour operators cannot accompany you, the consular section at the British Embassy can help, with your consent. If you want medical attention, we can help make arrangements. We can also contact friends and family on your behalf and assist with contacting your travel insurer, if necessary.

The examination

Doctors will perform a psychological and physical evaluation. They may also take blood or urine samples, and sometimes samples of hair.

Results of examinations are given to the police if you have reported the incident.

Examinations for male and female victims do not differ. These are usually conducted by a forensic expert who will look at external injuries and collect evidence, such as swabs. With your consent, photographs may be taken as evidence.

Treatment

Hospital medical staff can give advice on HIV PEP medication (‘Post-exposure prophylaxis’, a treatment that can prevent HIV infection). If you think you may have been exposed to the HIV virus, you should mention it to the doctor performing the examination. They will provide advice on PEP and indicate where it can be obtained if it is available in country at the time. Availability of the medication may vary.

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 when you return to the UK.

If necessary, you can access emergency contraception at any pharmacy if it is available. As with PEP, the availability of the medication may vary based on the country circumstances at the time.

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

Patients are expected to cover the costs of all hospital treatments, tests and medications.

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 can let your local health provider know when you return home.

Police investigations in Cuba: what to expect

Under Cuban law, rape and sexual assault are considered serious crimes and the judge may order preventative detention. This means that the suspect is detained in prison before trial.

The police force in charge of the investigation will lead and conduct all actions with the support of evidence and statements gathered.

You would not usually be involved in efforts to locate and arrest the person. However, if a suspect is brought to the police station, you may be asked to identify the perpetrator. Your identity will be protected and safety measures will be in place during the process.

There are different investigative phases under the penal code in Cuba. The length of time for each phase may vary if there is further need for more evidence to be gathered or reviewed. Your lawyer can represent you at any time during the investigative process and can provide updates about the phase as the process continues.

You will be allowed to leave the country at any time but may be asked to return if needed for the trial.

Court procedures: what to expect

If a suspect is ordered to trial, you may be expected to testify in court. The lawyer may be able to request specific arrangements for you to do this from the UK but such petitions may be granted or denied. You may be expected to return to the country for the trial.

It is beneficial to hire a lawyer to ensure timely, accurate information about any developments and decisions on the case. Your lawyer will have full access to the case file after the first 72 hours, in line with the Penal Cuban Code. If the case is referred to further investigation, you may be asked to give an additional statement.

You can drop charges once they filed if you want to. There are no legal repercussions if you do this, but the authorities will continue their investigation anyway, because of the type of crime. If the perpetrator is identified they will be given a medical examination, and their test and sample results will be used as evidence.

The perpetrator cannot press counter charges claiming false accusations if you choose to drop the charges.

The court can order the offender to pay compensation for any injuries or losses, either after they have been convicted in a criminal court or as a result of civil action. The process can take years, without a clear timeline.

Trial procedures

The local legal representative will inform you whether there is going to be a trial and, the period that you might expect. The trial will be conducted in Spanish with a translator provided for the duration of the process.

If a suspect is ordered to trial, you may be expected to testify in court. Your presence may not be required at every court session and the lawyer will advise you of the court’s expectation. The lawyer can request specific arrangements for you to attend the trial from the UK but there is no guarantee this will be granted. You may be expected to return to the country.

The authorities do not usually help with travel and accommodation arrangements if you need to return, although your lawyer may be able to make the request. You should let the British Embassy know if you are planning to return to Cuba.

When you return 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.

Country	Resource
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

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 (February 2022).