Guidance

Croatia: information for victims of rape and sexual assault

Updated 27 February 2024

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 the British Embassy in Zagreb on 00385 1 6009 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 Croatia

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 on 00385 1 6009 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.

Tell the police if you think you have been drugged.

Insist you get a written confirmation of reporting a crime, and request a translation in English if applicable. In practice, the police are able to issue this a few days after the report has been made.

Homosexuality, extramarital sex and drinking are not crimes in Croatia and everyone should be treated the same under the law.

Both women and men should be treated the same when they report rape/ sexual assault in Croatia. The legislation is made around female victims as they make the most of reported assaults. Whether you are female or male, you can call the embassy and ask for someone from the embassy to be present with you at the police and/or hospital.

Carrying and taking drugs are crimes in Croatia.

Making a statement

The initial reporting of the incident and the first interview by the police may be done by a non-specially-trained officer, before a specially-trained officer takes over. In smaller towns there may not be a specially-trained officer. In larger towns, you may be escorted to or have to travel to another police station.

The police are responsible for providing you with an official interpreter so you understand what is going on. In practice, the possibility of an interpreter being present will depend on the availability of interpreters working in the area where the crime is being reported. Police officers in Croatia may be able to speak sufficient English necessary for basic communication. Where possible a female officer will be in attendance but this might not always be possible depending on the police station or town.

A consular officer may be permitted to attend the police station at the discretion of the police officer and depending on location and timing.

In order to gather evidence, the police will ask for the full account of the events preceding the assault, details about the assault and a description of the assailant(s), and will keep any clothes which may be evidence of the attack to present to a forensic examiner. They may also decide to keep any electronic equipment which they consider could contain evidence.

Once an initial verbal report is made to the police, you will be required to give a full statement (in Croatian language: izjava). You will most probably not be given a written confirmation of reporting a crime immediately, but you can request it afterwards.

You may experience cultural and language differences when you report the incident. Croatian police officers will use technical language and it might seem that they lack empathy when taking your statement.

As part of the police investigation and immediately after you have given your statement, the police officers will escort and refer you to the local medical unit, usually at a hospital which will be in the closest larger town, if you wish to undergo a medical examination. Where possible and if you want to, consular staff can accompany you to the hospital with the police.

You will not be asked to surrender your passport whilst the investigation is carried out, but you will need to show it as proof of identity.

Lawyers

You are not likely to be appointed a lawyer during the investigation. Victims do not get state appointed lawyers during the process since the interest of the victim is represented by the State Attorney’s office. You can hire a lawyer privately should you wish to do so, but you will have to pay for their services.

However, victims of the criminal offence against sexual freedom and the criminal offence of human trafficking have additional rights which include the following:

• to talk to/access to a counsel/advisor (financed by the state) before the hearing
• to have a legal representative financed from the state budget
• to being interviewed by a person of the same sex in the police and the State Attorney’s office and, in case of re-examination, to be examined by the same person
• to withhold not having to answer to questions that are not related to the criminal offense, but relations on the strictly personal life of the victim
• to demand the right to be examined through an audio-video device
• confidentiality of personal data
• the right not to a private (not public) hearing

Moreover, a child who is a victim of crime also has the right to have a state appointed lawyer.

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

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 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.

You are able to report a crime after you leave the country, but it is likely to be harder for the police to search/find the perpetrator, the evidence will be lost, etc.

You do not need a local legal representative to report the crime to the police. You can do so by emailing the police with as many details as possible about the rape or sexual assault. The embassy can advise which police administration you should send the report to. You can report the crime in English language, the police will get an official translation for their purposes. If you decide to report the rape or sexual assault from the UK, you may wish to copy the embassy consular team so that we can follow up with the police if you would like us to do so.

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 the matter 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 Croatia - 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.

Insist you get a written confirmation of reporting a crime, and request a translation in English if applicable. In practice, the police are able to issue such confirmation few days after the report has been made.

Local police will not inform the UK police about the incident.

If there is suspicion that the perpetrator is also a British Citizen, the local police or the court is likely to contact the UK police or a court to ask for help in the case. This may include getting in touch with you after you leave Croatia, including if they have caught the perpetrator or there is a need for more evidence from you.

The medical examination – what to expect

All hospitals are able to treat victims of rape and sexual assault. If you report it to the police, they will take you to the nearest hospital.

You can get a medical examination without reporting the incident to the police, but if you tell the doctor what happened, they might be obliged to report that to the police.

They will carry out the examination, and they will check for external injuries, do swabs for DNA/STD testing. They might take photographs of injuries if you have reported it to the police and do not object.

If you want, we may be able to come with you to the medical examination (depending on timing and location). You will always be able to speak to trained consular staff on the telephone 24/7. Local tour operators might be able to help too.

Treatment

Medical staff at hospitals might not actively offer to prescribe HIV PEP medication (‘Post-exposure prophylaxis’, a treatment that can prevent HIV infection).

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.

When you go for the medical examination you will get a doctor’s report. With that report you should go to the emergency room / infectious diseases unit explain what you need and the doctor there should be able to give you a prescription you can collect at any pharmacy. Doctors in Croatia usually prescribe Truvada and Raltegravir.

Emergency contraception needs to be taken within 72 hours of the incident for it to be effective. Emergency contraception is not free, patients including victims of sexual assault need to pay for it and can buy it at any pharmacy. A prescription or medical referral is not needed.

Hospital treatment and tests for victims of sexual assault are covered by the European Health Insurance Card (EHIC) or Global Health Insurance Card (GHIC).

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 inform your local health provider when you return home.

Police investigations in Croatia – what to expect

When police officers are informed about criminal acts, they inform the State Attorney as soon as possible, who are obliged to initiate or dismiss the criminal prosecution.

If a suspect is brought to the police station, the victim might be asked to make an identification.

The State Attorney can ask for the suspect to be brought before them. If the State Attorney initiates a criminal prosecution, the prosecution is then under their jurisdiction. The State Attorney has up to one month from the date when the end of the investigation was entered in the crime report register, to decide whether to bring charges against a suspect. You will be notified when the decision is made.

Under certain circumstances, when justification can be provided, the Senior State Attorney may extend the deadline for making a decision by a maximum of 2 months. You will be notified if this decision is made.

You can be called by the State Attorney to make a statement, if you are assumed to have relevant information that could be used as evidence in the criminal prosecution. A lawyer cannot do this on your behalf.

Lawyers usually do not offer pro bono service to the victims as they are not legally required in such criminal proceedings since the main function of the State Attorney is the prosecution of the perpetrators of criminal offences.

You will be allowed to leave the country once the case is filed, unless specifically informed otherwise.

Court procedures – what to expect

You can be called to testify before the court if it is assumed you have relevant information. If you have left Croatia you will be asked to return to Croatia, however, you can request to give testimony using an audio-video link from abroad. This needs to be agreed and allowed by the court which is handling the case.

You have the right to be informed about the criminal process regardless of whether you have a private lawyer. The benefit of hiring a lawyer in such criminal process is that the communication would be directed towards the lawyer instead of you.

It is not likely that you will need to give an additional statement after giving it to the police, the State Attorney and the court. However, there may be exceptions to this depending on the case and already conducted investigations. You can be asked to give an additional statement if a clarification of the information you already gave is required, or if you need to be asked about additional matters in the proceedings.

It is possible to drop charges once they are filed and if you wish to, however, this depends on whether the crime is prosecuted by official duty of the State Attorney (ex officio) or not. If it is, the criminal prosecution will proceed regardless of you dropping the charges. For crimes such as rape and sexual assault you cannot drop the charges, they are automatically processed by the state. You cannot face charges for wanting to drop charges (unless you falsely reported a crime).

The alleged assailant can press counter charges claiming false accusations, but not in the same process. You can do so only if the charges would be dropped by the state.

Trial

You do not have to file any formal documents. As soon as the case is reported to the police, they make a report of a criminal case that they hand over to the State Attorney’s office. You can also file a criminal charge orally, which will then be written in the record by the police officer.

You can report a crime that happened in Croatia from the UK. The applicable law does not prescribe a deadline within which a victim of a criminal offense can or must report a criminal offense to the police. However, according to Croatian regulations, there is a statute of limitations.

The statute of limitations for crimes against sexual freedom, depending on the type and severity of the crime, is 6 to 25 years. However, forensic evidence is likely to be lost and this could reduce the likelihood of charges being brought against a suspect.

Trial procedures

The deadline for the criminal investigation is 6 months, which can be extended for another 6 months and, in special circumstances, for an additional 6 months. After the deadline, the State Attorney’s office must either bring charges or rule that there is insufficient evidence to do so. The trial will be held in Croatian language, but, if present, you are entitled to a court interpreter if you don’t speak Croatian.

You do not need to be present at court sessions unless you are called upon as a witness in the case. If so, you will be summoned by the court. You will be expected to return to Croatia, but you can request to give your testimony using an audio-video link, without being present at the court.

If you do have to attend a trial abroad, the authorities in the country concerned will give compensation for travel and accommodation, if you are called as a witness, but you will not do so for the victim who is not called as a witness. You are not likely to provide any other support.

Trials can last much longer than one would expect, especially if the assailant is unknown. There could be big gaps in between the information coming out from the court. If the assailant is known and detained, the process can last up to 2 years before the court passes the final sentence.

The defendant has the right to appeal. If an appeal is filed, the second instance court will decide on appeal, i.e. either reject the appeal as untimely or inadmissible, modify the first instance court’s verdict, confirm it or refer it to the first instance court for retrial and a new decision. The first-instance judgment may be annulled on appeal and the case returned to the first-instance court for a retrial at most once. If the second-instance court considers that the first-instance verdict should be annulled for a second time, the second-instance court itself will conduct the hearing and render a verdict.

Once the decision of the court in the appeal procedure is made and becomes final, it can only be refuted by extraordinary legal remedies.

Hiring a lawyer

A privately hired lawyer can represent you in all stages of the court trial, they can obtain information from the court about your case and can file appeals on your behalf. They can also start new court proceedings in case you are not happy with the outcome and would like to sue the assailant privately.

We are not aware of lawyers who specialise in rape and sexual assault cases.

You can find a list of English speaking local lawyers here and a list of local interpreters here.

Communication

The court will communicate with you in case they would like additional information from the victim, as well as when the trial comes to an end. The police can also communicate with the victim prior to the case going to court, and in case they need any additional information.

The court procedure is the same if the victim is not resident in-country and the victim does not have to give a local address. If the victim has a lawyer, they can agree with the lawyer to give their address for communication from the court.

The victim is entitled to be informed about the criminal process regardless of having a private lawyer.

Legal aid

In the case of the criminal offense against sexual freedom, you can submit a request to the Croatian Bar Association to be provided with free legal assistance. The decision on this will be made, taking into account the financial situation of the victim.

Otherwise, you can hire a lawyer at your own expense and later in the proceedings demand from the court that such costs be reimbursed. The decision on whether your costs will be reimbursed will be made by the court based on an assessment of all the circumstances of the case.

If the victim of a criminal act is a minor, their legal representative will be automatically appointed at the expense of the state budget.

If the perpetrator has been legally convicted of a criminal offense in the criminal proceedings, you may, regardless of their financial status, submit a request for free legal aid in civil proceedings for compensation of damages from the perpetrator. The request is submitted to the State Administration Office.

In general, the lawyer’s actions before the court are charged according to the applicable lawyer’s tariff. Billing for other services provided by the lawyer to the victim outside of court proceedings is done according to the price list of the hired lawyer in agreement with the victim who hired them.

Sentencing

All sentences imposed in criminal proceedings in Croatia have both, a criminal and rehabilitative aspect.

If the court finds that the perpetrator has committed the criminal offence for which they are charged, they will be found guilty of committing a crime against sexual freedom. The specific offence and the sentence imposed will depend on the overall circumstances of the case, established by the court.

For criminal acts against sexual freedom, Croatian law stipulates prison sentences ranging from 6 months to 15 years, depending on the severity of the case. If the alleged perpetrator is found not guilty, they are released (if they have been detained).

Compensation

The courts can order the offender to pay compensation for any injuries and losses if during the criminal process the victim states they want to be treated as an injured person and as such request financial compensation. This compensation can be for, injuries or financial and material losses. The amount of the compensation is set by the criminal court, or they can delegate it to the civil court in case it would unnecessarily lengthen the criminal process.

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.

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

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.

Support organisations in Croatia

It is your choice to let people know. If you are ready to talk about it, these organisations may be able to help you:

National Call Centre for Victims of Crime:

The scope of the National Call Centre for Victims of Crime includes: informing about the rights of victims and witnesses of crime and misdemeanours, providing emotional support, referral to relevant civil society organisations and institutions and assistance in completing the cash benefit claim form. It is an anonymous and free national helpline available in Croatian and English.

Helpline - 116 006
Working hours: 24/7
npc.volonteri@gmail.com

Zenska Soba (Women’s room) - Centre for Victims of Sexual Violence:

The Centre for Victims of Sexual Violence provides assistance and support to persons who have survived sexual violence. They cannot take the place of a lawyer. They do speak English.

Maksimirska cesta 51a, 10000, Zagreb
Phone: + 385 1 61 19 174
Working hours : 9 AM – 11 AM
zenska.soba@zenskasoba.hr , savjetovaliste@zenskasoba.hr

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).