Guidance

Panama: information for victims of rape and sexual assault

Published 12 December 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 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 to you 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 local emergency number on 911 (national police or ambulance – Spanish only)
  • contact your tour operator if you are travelling with one
  • contact the British Embassy in Panama City

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.

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

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 or Consulate they will try to send a consular officer to support you.

If you approach the police directly, you must call 104 and provide your current address, an operator will direct you to the nearest Police sub-station. You can also ask them to inform the nearest British Embassy.

Find contact details for your nearest police station on the National Police website.

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, take those you were wearing to the police. You may wish to preserve evidence by retaining items such as condoms, toothbrushes, or messages on your phone.

Tell the police if you think you have been drugged.

Ask for a copy of the police report and get an English version if possible. You will be asked to write a request in Spanish to obtain a copy of the report.

If you think you are being discriminated against, for example because of your beliefs or gender identity, you can ask to be interviewed by another officer, if available.

You can request a female officer, but there may not be one available. There are few English-speaking officers, but you have the right to have an interpreter present to help you report the event. You may have to wait for one to be available and you may have to pay for the service.

We can accompany you during the interview, but cannot act as your interpreter.

You do not have to surrender your passport whilst the investigation is carried out.

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

The British Embassy will be able to help you. This includes helping you to contact your insurance company, if you have one, and family. We can help with arrangements for your return to the UK and/or provide you with information on local support in the UK. We can provide you with lists of English-speaking medical facilities, lawyers and translators in Panama:

If you are travelling with a tour operator you can report the incident to them and ask for assistance. The tour operator may be able accompany you to the local hospital, if you wish.

It is your choice on whether to report the crime, but if you don’t report it, your case may not be investigated by the prosecutor’s office.

You must report the crime while you are in Panama 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 a forensic examination, but you will still be able to get medical attention. You should go to the nearest hospital, clinic, gynaecologist or local doctor.

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

It is possible to report the crime to the 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 firstly reporting the crime in Panama.

For more information read:

Reporting the crime in Panama

You will need to make a statement about the assault. Try to include as much information as possible including a description of the attacker.

The police or prosecutor may request you provide any physical evidence such as clothes, video or picture evidence. After the incident is reported, the Public Ministry will be responsible for the investigation and will use local police officers to assist with the investigation.

If you report the assault at the local police station, an officer will be assigned to you and will take you to a hospital or ‘Medicatura Forense’ (medical examiner) for a medical examination. The examination is free of charge, and you have the right to request copies of any medical reports.

If you are under 18 years old, you must be accompanied by an adult throughout. Accompanying adults should be one of your parents or a guardian. If a state institution is responsible for you, they should appoint an adult to accompany you.

Medical examination

Hospitals and medical centres treat victims of rape and sexual assault. If necessary, you may be referred to a regional hospital. If you do not wish to report the crime, you can have a medical examination at a hospital, though forensic evidence will not be collected.

Hospitals and other medical centres are required to report any sexual assaults to the local police.

When you report a sexual assault, the forensic experts will perform the psychological evaluation and a physical and gynaecological examination. Photographs and videos may be taken before, during and after the physical examination.

If you would like to be examined by a female doctor, we can help arrange this, where possible. If you wish to pay to see a private doctor, the embassy holds a list of English–speaking doctors for you may wish to consider. A doctor can give you advice on sexual-transmitted infections including HIV and AIDS, and pregnancy.

The examiner will ask some questions and may take photographs of any injuries. During the examination, she/he will normally check the following:

  • bruising and external injuries on all areas of the body
  • internal injuries by examination and internal swabs

You may also be tested for DNA and date-rape drugs, or sexually transmitted diseases (STDs). These tests may be performed by another doctor or department of the hospital.

Treatment

It is possible that you may have been exposed to the HIV virus. You should go to the nearest Health Ministry hospital or pay to see a private doctor and request the ‘Post-Exposure Prophylaxis (PEP)’, a treatment that may stop HIV replicating in the body and so prevent the virus from attacking the immune system. More information on risks is available on the NHS  website.

  • HIV PEP is subject to availability in some private hospitals and small public clinics
  • it is medically prescribed and closely monitored

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.

You can prevent an unwanted pregnancy with oral emergency contraception, which needs to be taken within 72 hours of the incident for it to be effective. You should ask your doctor for advice.

You will need to pay the costs of treatment and tests in a private hospital (if you choose to be treated there).

If you have had medication administered in Panama, you may wish to 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 to the UK.

Police investigations in Panama

The police may take you to the scene of the crime or where you think the attacker is located to try to identify and arrest the person, but only if you agree to this.

If the suspect is brought to the police station as part of the investigation, you may be asked to identify them.

If the police make an arrest, they will take the suspect before the judicial authorities and the prosecutor within 48 hours.

If you decide to obtain legal representation and file a complaint against the suspect, you will be expected to appear in court and make a statement. You may request access to your case files at any stage of the investigation or trial. You may be cross-examined by the defence.

If you report the incident but do not file a claim, you will not be summoned to the court proceedings and your lawyer will make representations on your behalf. A public defender will be assigned to your case at the start, but we can provide a list of English-speaking lawyers if you prefer to hire a private lawyer.

You can make arrangements through the judge to give ‘anticipated evidence’ – this means that you would give a statement early, or in advance, to allow you to return to your place of residence, if necessary. It ensures your statement will be valid for any trial. After you have made the statement, they will only contact you if more information is needed.

You can leave the country even if your case has not been filed.

Court procedures: what to expect

After you have reported the incident to the authorities and the required examinations have been undertaken, the Public Ministry will review your case and bring it before a criminal court.

Next steps:

  • the judge can either place the suspect in prison or release them on bail pending trial
  • when the case is revised, the judge will decide if the person will go to trial
  • the judge will release the suspect if they believe there is insufficient evidence to prosecute

The process could take years.

It will be your choice if you wish to hire a private lawyer, though this is not a requirement, as the prosecutor will lead on the case.

After the judicial process has started, it will continue even if you have left Panama, as the Public Ministry is obligated to investigate the crime.

If you wish you can appoint a representative (lawyer, relative or any person you trust) to act on your behalf while you are outside of Panama. To do that you will have to sign a ‘power of attorney’.

Your representative will be able to ask the authorities for details and updates on your case and to submit or make requests to the judge. If the case requires further investigation you will be asked to give an additional statement.

If you change your mind about pressing charges or you are not sure if you want to continue, you can retract your statement. To do this you must tell the police or the public prosecutor. The charge of rape is an automatic state prosecution and will not be dropped, but your revised statement will be considered during trial and will support the assailant’s defence.

If anyone intentionally makes false accusations to the police or withholds the truth, they may be prosecuted.

Compensation for the victim is usually included as part of the assailant’s sentence after the case has concluded. Your lawyer or the prosecutor will guide you on the level of compensation to claim for and how to submit this before the trial.

If you do not speak Spanish, a translator will be provided by the court free of charge. You should inform them of this requirement in advance to allow them to make arrangements.

Consular staff will not normally be able to attend the trial with you. If you attend the trial in person you may wish to be accompanied by a friend or member of your family for the court hearing.

When you return to the UK

Read our advice on returning to the UK following rape and sexual assault abroad.

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 Panama.

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

The Panamanian police will not normally inform the UK police of the incident.

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

Government organisations that offer further help

Instituto Nacional de la Mujer (INAMU) (National Women’s Institute)

Offer legal, psychological and social support, free of charge.

Find your nearest office (in Spanish).

Ministerio Público (Public Ministry)

Receive legal advice or make a police report about domestic violence, 24 hours a day, 7 days a week.

Panamá: 524-2345
San Miguelito: 507-3305
Panamá Oeste: 253-6284
Colón: 475-4803
Chiriquí: 777-6914

violenciadomestica@procuraduria.gob.pa

Defensoría del Pueblo (Ombudsman’s Office)

Promote, protect and defend human rights. They investigate, supervise and report acts, facts or omissions by public servants.

What´s app: 6670-2222
127 Línea Gratuita
500-9800
quejas@defensoria.gob.pa

Find contact details for central or regional offices (in Spanish)

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).