Guidance

Colombia: information for victims of rape and sexual assault

Updated 20 September 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 national emergency number on 123
• contact your tour operator if you are travelling with one
• contact the British Embassy Bogota on +57 601 3268300. Embassy staff will be empathetic, and non-judgmental, and can provide information on local police and medical procedures They can also liaise with local authorities, and UK support agencies. You will always be able to speak to trained consular staff on the telephone 24/7. Anything you tell them will be treated in the strictest confidence. They can contact your family or friends for you if you wish
• try to go to the emergency room at the nearest hospital or clinic straight away, if possible, within 72 hours

Rape or other form of sexual assault is considered a medical emergency in Colombia, so you can get free and immediate medical assistance, regardless of when it happened.

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

The British Embassy or the consulate can provide you with a list of English-speaking lawyers that can provide assistance.

If you choose to report the crime, go to a medical centre as soon as possible, so forensic evidence can be gathered and retained.

You may wish to preserve evidence by keeping items such as the clothes you were wearing, condoms, toothbrushes, or texts. Washing yourself may destroy evidence.

Health professionals will provide emergency medical assistance (physical and psychological) and collect forensic evidence. Find more information in the Medical treatment and Forensic examination sections.

The medical institution must report your case to the Attorney General’s Office or the police: Seccional de Policía Judicial e Investigación (SIJIN), Directorate of Criminal Investigation and INTERPOL (DIJIN) or Cuerpo Técnico de Investigación (CTI).

If you are under 18 years old, the medical institution must report your case immediately to the Colombian Institute of Family Welfare (ICBF).

Reporting the crime in person

You can choose one of the following options:

• go to the closest Immediate Reaction Unit (URI) – open 24/7
• visit a Centre for Comprehensive Care for Victims of Sexual Abuse (CAIVAS)
• go to the closest police station – open 24/7

You can find your nearest URI or CAIVAS by contacting the Attorney General’s Office number on 122 (in Spanish only) – open 24/7.

Usually there will be both male and female police officers to talk to. An English-speaking officer may not available, but you have a right to an interpreter free of charge.

Provide your contact details to the police officer and give as much information and details about what happened. Tell the police if you think you have been drugged.

The police officer will submit a ‘sexual offence report’ to the relevant Prosecutor’s Office. The police will send you to the National Institute of Forensic Medicine (Medicina Legal) for a forensic medical examination, including a psychological assessment. These examinations are an important part of the evidence gathering process and are free of charge.

Reporting the crime online

You can report the crime through the Attorney General’s Office (Fiscalía General de la Nación) website through:

• the Virtual Complaint system (Denuncia Virtual), or

• the Request, Complaint, Claim and Suggest Form (known as ‘Radique su PQRS’ in Spanish)

You will receive an email with a 21-digit reference number for your case.  You will also be sent the name and contact details of the Prosecution Office for your case. You can go to this office to submit any physical evidence (during normal working hours).

Ask for a copy of the police report and request a translation in English if needed.

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

The British Embassy Bogota 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 a tour operator, you can also report the incident to them and ask them for assistance. If you wish, the tour operator may accompany you to the local hospital. Also, 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 should bear in mind that if you seek medical attention, but don’t want police attention, any medical staff are still obliged to fill out the form to report the crime to the authorities.

If you have been sexually assaulted or raped in Colombia and you wish to report the incident to the police, you must do it while you are still in Colombia and, preferably, in the city where the incident happened.

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 Colombia, you need to report the crime before you leave the country, if you want it to be investigated and police to obtain important evidence.

You must provide your current contact details to the police officer (or online) when you report the crime.  This is so that the Prosecutor can contact you for further information if necessary, even if you have already left the country.

If you are staying in Colombia, where the crime took place, you should report the crime there. If you are a British national and you need help to report the crime elsewhere, 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 Colombia 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 Colombia 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 Colombia: what happens next

Your case will be assigned to a Prosecution Office specialised in sexual violence crimes where the crime took place.

The Prosecution will interview you and start the investigation, based on the information you provide. Try to be as specific as you can with the details of the incident. Take the evidence that you preserved with you (clothes, toothbrush, condoms, pictures, texts) and hand it to the Prosecutor.

The Prosecution will arrange a forensic examination of your physical and mental health at Medicina Legal. Find more information in the Medical treatment and Forensic examination sections. If you were already examined by the Medicina Legal, tell the Prosecutor. If not, you will need to go to the closest centre for an examination.

The local authorities will not inform the UK Police, but they will notify the British Embassy, with your consent.

Medical examination: what to expect

Forensic examination

The forensic examination includes your physical and mental health, you can choose to be accompanied by consular staff or someone else. After your forensic examination at Medicina Legal, medical staff will report the results to the Prosecution. Only Medicina Legal can carry out a forensic examination.

Medical treatment

Assistance to victims of rape and sexual assault is free of charge in Colombia.

As part of the medical examination, the doctors will provide:

• a clinical and paraclinical diagnosis
• STD-HIV/AIDS prophylaxis and treatment
• a pregnancy test
• the morning after pill
• post-exposure prophylaxis treatment (PEP)
• sample-taking

When you are discharged from the emergency room, health professionals will give you a follow up and treatment programme.

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 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. You can give this to your local health provider when you return home.

The British Embassy provides a list of Medical Facilities in Colombia.

Criminal investigations in Colombia: what to expect

The  Attorney General’s Office conducts the criminal investigation, through the Prosecution Office assigned to your case.

If you change your mind about pressing charges, or you are not sure if you want to continue to be involved in a legal process, you must tell the prosecutor through your lawyer. However, the Prosecution is responsible for identifying the perpetrator and gathering enough evidence to prove the case beyond reasonable doubt. This is regardless of whether you are still involved in the process.

The investigation phase can take 2 years or more, depending on the process of identifying the perpetrator. You do not need to stay in Colombia for this period.

You should not be asked to repeat your account or personal information multiple times, to avoid re-victimisation, however, you should expect to give details of the incident to:

• medical staff
• the first authority that you report the crime to
• the forensic doctor of Medicina Legal
• the judicial police in an interview and, later on, in your testimony at trial

You may need to identify the suspect by giving a physical description or identifying them through a photo album.

If you think you need protection, you must inform the Prosecutor immediately. They can request a special protection measure to the Court of  Investigation. You may also request this protection through your lawyer, if you have one.

You can also request care measures if needed.  These include guaranteed access to the Social Security Health System, shelters, hostels, hotel service, and monetary subsidy (Law 1257 of 2008).

You do not need to remain in Colombia for the investigation period. If the police make an arrest, a court will decide if the suspect must be remanded in custody or can be bailed. At the court the Prosecutor will also present charges, and the hearings will start within a few months.

You will not be expected to make a statement at the public hearing until the trial. You can appoint a legal representative to act on your behalf whilst you are not in Colombia. Your lawyer will have access to your case notes at this stage.

The British Embassy can share a list of lawyers in Colombia who may be able to represent you. Timely pro bono (free or low cost) legal service is difficult to find in Colombia. However, you have the right to ask the Defensoría del Pueblo if you are eligible to receive free legal representation.

Court procedures: what to expect

Court processes are very slow in Colombia and the trial phase can last up to 3 years. There are 5 main public hearings:

1. the preliminary communication of charges
2. the accusation
3. the preparation for the trial
4. the oral trial
5. the decision session

If you are a minor (under 18 years old), your hearing will be held in private.

If the case goes to trial, you may be asked to testify in court as a witness during the final trial. Public hearings are normally conducted through a video and audio-conferencing application called LifeSize, and you will be able to testify through this app.

In special circumstances, or in the case of minors (under 18 years old), you must testify from the UK or your country of residency via a video conference carried out at the Colombian Embassy in the UK. Minors must testify in a private room arranged within the Colombian Embassy and in the presence of a social worker.

Without a lawyer you can still be kept informed of the case, but lawyers have the local contacts at the Prosecutor’s Office that will help. They will know the process these cases follow and can advise accordingly.

You cannot drop charges after they are filed; they will not be dropped unless you state that the allegations were false. In this case, an investigation may be opened against you for false accusations.

You have the right to appeal the sentence.

A conviction is followed by prison time with no benefits. If the perpetrator is in prison, they will remain there; if not, a warrant arrest will be filed by the judge and delivered to the National Police and Interpol.

Trial procedures

The court will summon you to the hearings. The trial will be conducted in Spanish. You have the right to a translator.

If you do not want to appoint a lawyer, the trial will take place anyway. You can keep in touch with the Prosecution to be informed about the case.

During the hearing, you will participate as a ‘witness’, but it is also possible to participate as a ‘victim’ too. Your lawyer can make this request to local authorities.  Ask your lawyer for further information.

After the accusation hearing, the public trial can start as early as 3 months after or it could take longer.

In normal circumstances, you will be called to testify. You have the right to request a translator.

Many public trials are conducted through LifeSize, and you will be able to testify through this app. In special circumstances, or in the case of minors, you must testify in the Courthouse or from the UK via video conference carried out at the Colombian Embassy in the UK. Minors must testify in special chambers and in the company of a social worker. Travel, accommodation arrangements will not be provided.

The trial process can last up to 3 years. The final sentence can be appealed by the victim.

Hiring a lawyer

You are entitled to a state-appointed lawyer (‘defensor público’) if you can’t afford private representation. You can request the Prosecutor’s Office or the court for a public defendant state-appointed lawyer to be assigned to your case.

If you chose to hire a private lawyer, they may handle fewer cases at the same time and their response time might be quicker. Some non-government organisations or local government funded organisations provide free legal advice. There are lawyers who specialise in cases of rape and sexual assault.

• list of lawyers in Colombia
• list of translators in Colombia

Communication

The Prosecutor’s Office and the court will contact you, your lawyer or the Embassy. With your consent, The British Embassy will follow-up with them on a monthly basis to make sure all updates are being provided in a timely way to you or your lawyer.

If you are not resident in Colombia, you can appoint your lawyer as your point of contact for the local authorities and the Embassy.

If you do not want to appoint a lawyer, the Prosecutor’s Office will communicate directly to you any updates or requirements

Legal aid

You are entitled to a state-appointed lawyer if you cannot afford private representation. You can request the Prosecutor’s Office or the court for a state-appointed lawyer to be assigned to your case.

State-appointed lawyers are free of charge, and they offer the same assistance as a privately hired lawyer. However, they may handle many cases at the same time and their response time can be longer.

The legal clinic at any university in Colombia can provide legal advice and, if eligible, they will represent you in the criminal proceeding. Also, the Women’s Secretariat Offices, non-government organisations, local government funded organisations and other pro bono organisations (free of charge or low cost) can provide legal advice and representation.

Sentencing

The Colombian Penal Code includes several sexual crimes:

In the context of the armed conflict in Colombia against a protected person by International humanitarian law:

• rape or other form of sexual assault
• sexual acts with someone under 14 years old and sexual intercourse with someone under 14 years old
• sexual slavery and trafficking for the purpose of sexual exploitation

Other sexual crimes:

• rape or other form of sexual assault
• sexual acts with someone under 14 years old  and sexual intercourse with a person under  14 years old
• sexual intercourse with someone who cannot resist
• sexual harassment, inducement to prostitution
• sexually exploiting a minor (under 18 years old)
• encouraging the prostitution of minors
• claim of commercial sexual exploitation of someone under 18 years old
• pornography with persons under 18 years old
• sexual tourism, and use or facilitation of means of communication to offer sexual activities with persons under 18 years of age

If the perpetrator is found not guilty, you can appeal to this decision. If the Court of Appeals maintain the not guilty decision, through your lawyer, you can present a special petition, known as a ‘cassation’ to appeal the decision.

Compensation

The courts can order the perpetrator to pay compensation for any injuries or losses, after they have been convicted in a criminal court, as a result of civil action following the criminal conviction.

If it is stablished by the authorities that the crime happened within the context of the armed conflict in Colombia, there is a state-funded compensation scheme to cover physical or psychological injuries suffered as a result of a violent crime. Foreign nationals can also apply, if eligible.

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, even if you have been tested in Colombia.

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.

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

Find other support organisations and useful contacts in the UK.

The UK police will not normally be informed of the incident by the Colombian police.

Support organisations in Colombia

It is your choice to let people know about what happened to you. If you are ready to talk about it, this organisation may be able to help you.

Línea Púrpura

Telephone number: +57 018000112137 / WhatsApp +573007551846

Hours of contact and language of service: 24/7, mostly in Spanish

Free-of-charge support line, available 24/7 for victims of sexual violence. There are female psychologists, social workers, lawyers and nurses available.

Disclaimer

This information has been prepared by UK Government 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 the UK 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.

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 (2 February 2022).