Guidance

The Netherlands: information for victims of rape and sexual assault

Updated 24 August 2022

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 international emergency number on 112
• contact your tour operator if you are travelling with one
• contact your nearest British embassy, high commission or consulate. Tel: 0031 (0) 70 4270 427.

Consular 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 the Netherlands

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, 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 consulate on 0031 704270 427 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.

You should:

• 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 are no risks for you when reporting this to the local police.

There will be both male and female police officers to talk to who will be able to speak with you in English. You may also request an interpreter if necessary (this will be free of charge) and can request that future correspondence regarding the case be in English.

You will be asked for as detailed an account of the events as possible. Forensic evidence will often be requested too.

While you are at the police station, the Consulate can offer information on investigation procedures, advice for seeking medical help and links to victim support groups. We can also be in contact with friends or family should you request it.

You will not be required to surrender your passport.

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

The British consulate will be able to help you. This includes helping you make arrangements to contact your insurance company, your family, make arrangements for travel back to the UK and/or provide you with information on local support in the UK.

The British consulate can provide you with lists of English-speaking medical facilities, lawyers and translators.

If you are travelling with a tour operator you can ask them for assistance and they may accompany you to the local hospital, but this will depend on the level of service offered by your tour operator. 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 you report the crime. If you don’t report it, your case may not be investigated.

If you don’t report the crime to the police you are still able to receive medical attention and a forensic examination at hospitals and at rape crisis centres (Centrum Sexueel Geweld).

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 and Development Office in London.

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. The UK police can offer you access to Victim Support in the UK. They may still send some information to the police in the country where it happened. This might be necessary in order to protect vulnerable people, or to stop more crimes being committed.

Please see Rape and Sexual Assault: Returning to the UK after rape or sexual assault abroad for more information.

Reporting the crime in the Netherlands- 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.

If you decide to report the crime in the Netherlands you will be required to provide a statement in the presence of two detectives with as much detail as you can provide. The police will ask you to identify yourself. Therefore, bring your passport or other identification document when reporting the crime.

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).

Following the statement, the Dutch police will give you an additional amount of thinking time (about 2 weeks) to ensure that you wish to proceed with the formal statement. Once this formal statement has been made and signed, it is very difficult to drop the charges.

It may be possible to file a request to the Public Prosecutor to ask them to not proceed with the case. This should be done in writing explaining why you want the report to be cancelled. You may be able to also request that the report is cancelled by telling the police and the police will then discuss with the prosecutor. The final decision to drop the case lies with the public prosecutor.

The police can keep clothes or any electronic equipment which may be evidence of your attack, but you have the right to know where your property is stored and whether, and when, it will be returned to you.

The police will send you for a forensic examination, but you do not have to go if you do not want to.

The police in the Netherlands will not inform the UK police. The UK police will not be involved in the investigation.

Insist you get a police report with a police reference number and the police contact details so you can follow up with then later. Request a translation in English if applicable.

The medical examination – what to expect

Most hospitals and medical centres will be equipped to treat victims. They may have to refer you to a specialised medical centre if they do not have the necessary facilities. Some police stations have the facilities to conduct the forensic medical examination on site. You can also attend a Centrum Seksueel Geweld (Sexual Assault Centre) for the examination.

Hospitals and medical centres do not automatically report the results of any examination to the police due to patient confidentiality. Hospitals will only inform the police if you agree to this.

The forensic medical examination to secure possible evidence is carried out by a qualified medical professional. Swabs will be taken and there will be a gynaecological or urological examination. Photographs will also be taken to document any injuries, for which you will receive emergency treatment. These examinations can take some time and they will take place in the presence of a forensic detective to ensure that potential evidence is recorded properly.

Tests for sexually transmitted diseases (STDs) will be carried out as well as a pregnancy test, if appropriate. You will be able to get treatment you require.

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.

Treatment

HIV PEP (Post-Exposure Prophylaxis) medication is available at hospitals in the Netherlands.

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 can be accessed in pharmacies across the Netherlands. There is no need for a prescription and it can be bought over the counter. It is also available at hospitals and rape crisis centres.

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

Police investigations in Netherlands – what to expect

The police may take you to the scene of the crime, or where you believe the perpetrator is located in order to try to identify and arrest them. It is also possible that they will request to take a look at your computer or smartphone.

If a suspect has been arrested and brought to the police station, you will be will be asked to make an identification if it is deemed necessary for the investigation.

If there is sufficient evidence against the suspect they will be taken before a public prosecutor. The public prosecutor will ask the examining magistrate to remand the suspect in custody for two weeks. After this two-week period, three magistrates must decide if the suspect can be remanded for a maximum of 90 days.

You will at some stage have to give evidence before the public prosecutor.

You will be allowed to leave the country, and can be contacted with case updates by email, phone or letter.

Court procedures – what to expect

You have a right to make a statement in court, but if the judge decides that it is necessary to the investigation, you can be questioned by the judge, public prosecutor and the defence lawyer.

Even if you do not have a lawyer, you are still entitled to regular updates on the case from the police and/or the public prosecutor. Hiring a lawyer does, however, keep you well informed and allow you to distance yourself from the procedure. This is particularly beneficial in cases where the victim is struggling emotionally.

If the case is referred to further investigation you may have to give additional statements.

You will be offered access to a Dutch Victim Support worker from the Victim Support Service (“Slachtofferhulp”). Your Victim Support worker is there to guide you through the judicial procedures.

The courts can order the suspect 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 courts can also apply for compensation from the State for the victim. In the Netherlands there is a state-funded compensation scheme to cover physical or psychological injuries. The Criminal Injuries Compensation Fund (Schadefonds Geweldsmisdrijven) applies to foreign nationals as well. You need to apply for this compensation and your Dutch Victim Support worker or lawyer can assist you in this.

Before and during the court hearing, you as a victim will have the opportunity to present the damages you have suffered as a claim. This includes material damages, such as medical costs, damaged clothing/phones, the costs for care by your relatives and travel expenses. You can also claim any moral damages you have suffered. Your lawyer can assist you in estimating, demonstrating and presenting these damages. It is then up to the criminal court to decide on the allocation and amount of your compensation. If possible, these damages will be recovered from the suspect. Should that not be possible, the State will pay for your damages.

It is important that you keep a record of any costs you incur as a result. This also applies to your medical care and records. These can be used to demonstrate any immaterial damages.

How can my case be taken to trial?

In order to take a case to trial you must file a formal report with the Dutch police. This includes a personal account of what happened and any additional information you may have. This statement does not need to be filed in Dutch but must be done in person if you live outside of the Netherlands. If you are a registered resident in the Netherlands, it can be done in person, over the phone, or online

To ensure that a police officer is available when you want to report the case, you can book an appointment by calling the number 0900-8844 or 0031 34 357 8844.

Once you have made a police report and given evidence, it will be for the police and the public prosecutor to investigate the crime, build a case and take it to court. It will be for the public prosecutor to decide if the trial will go ahead. The court can decide if any further investigations are necessary.

Trial procedures

You will know whether there is going to be a trial when the public prosecutor has made a decision and you will be informed when this decision has been made. This decision is dependent on the evidence gathered during the investigation phase.

The trial will be conducted in Dutch, but you can request a translator. The translator must be chosen from a list of translators approved by the court.

How long the case takes to come to trial depends on whether the suspect is held in custody for the maximum of 110 days. If the suspect is held in custody, then there will be a trial in 110 days. If the suspect is not held in custody, then there is no specific time limit for the case to go to trial.

The court will try to complete the trial on the same day and generally give the verdict 14 days later.

After the sentence has passed, the defendant has the right to at least one appeal.

You do not have to be at the trial, but if you choose to attend, the Dutch authorities will not provide financial assistance, however they can provide advice on making arrangements. You can submit a request to the court for compensation of lawyer fees. If rewarded, these lawyer fees are reimbursed by the government and will eventually be recovered from the perpetrator.

Hiring a lawyer

A privately-hired lawyer can liaise with the police and public prosecutor on your behalf. They can be your point of contact for you so that you do not have to communicate with any other parties involved in the process. There are lawyers who specialise in criminal cases.

A list of English speaking lawyers is available on our website.

Communication

During the police investigations, you will primarily communicate with the police. Once the investigation is underway, the public prosecutor takes over and communication will be with them during the investigation. You will also communicate with the Public Prosecutor during the trial if the trial goes to court.

It is, however, possible to have a lawyer throughout each of these stages with whom you can communicate.

If you are not resident in the Netherlands, you can choose to be contacted by email, phone or letter.

If you do not want to appoint a lawyer, you can, instead, be updated by the police and the public prosecutor.

Legal aid

Victims and relatives of serious violent crimes now have the right to free legal aid.

You can find more information about Legal Aid via the Legal Aid Council (The Raad voor Rechtsbijstand)

A privately employed lawyer will charge for services.

Sentencing

Sentences are weighted in favour of rehabilitation.

The type of crime the suspect would be guilty of is an ‘Offence against morality’ which is known as a ‘crime against the person’.

If the suspect is found not guilty, the public prosecutor can take the case to a higher court.

You must also be aware that if the perpetrator is found guilty, they also have the right to refer the case to the Court of Appeal, then to an appeal in cassation in the Supreme Court.

Compensation

The courts can order the defendant 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. They can also apply for compensation from the state for the victim.

The Criminal Injuries Compensation Fund (Schadefonds Geweldsmisdrijven) provides compensation for physical and psychological injuries endured by victims (inc. foreign national victims) of violent crime in the Netherlands. The offender bears the primary responsibility for compensating their victim, but if this is not done, the Compensation Fund can provide payment.

Support organisations in Netherlands

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

Victim Support Netherlands

Victim support Netherlands offers legal and practical advice free of charge. They will contact you within 2 working days if you report the crime to the Dutch police to offer their services.

Languages: English and Dutch

Monday to Friday 9am to 5pm

Tel: 0900 0101 or 116006

Centrum Seksueel Geweld (sexual assault centre)

Location of centres: Amsterdam- Amstelland, Flevoland & Gooie en Vechtstreek, Friesland, Groningen, Limburg, Gelderland- Zuid en Midden, Noord Holland, Rotterdam, Twente- Achterhoek, Utrecht, Zwolle, Brabant-Oost, Zeeland, Zuid Holland, West- Midden en Vechtstreek, Drenthe.

Tel: 0800 0188 (can choose your location when you call this number)

24/7

Languages: website in Dutch (with some information in English). Centres also have English speaking staff

Services: psychological, medical and police support. Victims who do not wish to report the crime to the police are welcome and will not be pressured to do so.

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.

Country	Health Providers
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 Cardiff and Wales University Health Board
Northern Ireland	Rowan SARC Northern Ireland: phone 0800 389 4424

Disclaimer: This information is provided by the British Government for the convenience of enquirers, but neither His 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.