Guidance

Albania: information for victims of rape and sexual assault

Published 1 March 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 112
• contact your tour operator if you are travelling with one
• contact the British Embassy in Tirana (+355 2234 973/4/5). 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 Albania

If you have a tour operator, they should be able to arrange for someone to support you. We can meet you if you wish (depending on time and location). 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 +355 22 34 973/4/5 so we 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. Make sure you get a police report, and request a translation in English, if applicable.

Reporting the crime to the local police does not hold any risks for you. Extramarital sex, homosexuality and use of alcohol are not considered criminal offences in Albania.

In most large cities in Albania there are male and female police officers trained in dealing with sexual assault cases. Those who are not fluent in English will be supported by an interpreter. In smaller towns, you may have to wait for an interpreter to arrive at the police station before you can give a full statement.

If you report the incident to the police, you will need to confirm your identity, and you may be asked for details about the incident, including:

• if there was sexual intercourse (and if force was used)
• if you have injuries
• description of the crime scene (time of incident, location, vehicles)
• description of the attacker

If you choose to report the incident to the police, we may be able to accompany you. If you prefer to be interviewed by a female police officer we can request this for you. We can also provide details of local lawyers and interpreters. Only you can decide if you want to take legal action, we cannot make this decision for you. Whatever you choose, we will support you.

You will not be asked to surrender your passport while the investigation is carried out.

Lawyers

You can appoint a lawyer for yourself at any time. If you hire a private lawyer, they will normally ask for a cash or bank advance on their estimated legal fees before they take your case on. The British embassy cannot pay legal fees or guarantee to a lawyer that you will pay them.

If you cannot afford a private lawyer, one will be appointed for you by the state. This will be free of charge, but a state-appointed lawyer may not speak English.

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

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

You can find a list of:

• English-speaking medical facilities
• English-speaking lawyers
• 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.

If you don’t report it immediately but decide to report at a later stage, your case may not be investigated if there is not enough forensic evidence.

If you decide not to report the crime to the local police, you will still be able to get medical assistance locally. You may be charged for the forensic examination depending on the medical facility you go to. Medical staff who will examine you are legally required to notify the Albanian police or Prosecution within 48 hours of having assisted you.

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 Albania: next steps

You must give a full statement about the incident, including a description of the attacker, the crime scene and all the circumstances surrounding the incident.

DNA evidence from sexual assault can be collected from the crime scene, but it can also be collected from your body, clothes, and other personal belongings. You may want to take a spare change of clothes with you to the police station as the clothing you wore during the incident will be kept by the police as forensic evidence.

Any electronic equipment that may be considered as evidence can be kept by the local police.

If you are in Tirana, the police will take you to the specialised centre which supports with sexual violence, if you choose to have a forensic medical examination. This is a non-government organisation (NGO) that offers:

• emergency assistance
• 24/7 support
• a short-term (24 hours to 72 hours) service for victims of sexual violence and members of their families

This centre is located within the premises of the Tirana University Hospital Centre (known locally as Qendra Spitalore Universitare Tirane (Q.S.U.T).

The preliminary medical examination can be carried out by any hospital or medical centre, especially in severe cases. However, the only qualified medical centre in Albania that specifically treats victims of rape and sexual assault is the NGO in Tirana. The NGO provides full examination and treatment.

Local police will only inform UK police about the crime if the circumstances of the investigation require a background check of the victim, and/or if any facts need further verification with the respective authorities in UK.

The medical examination: what to expect

The results of forensic tests will automatically be reported to the investigating officer who will inform you of the outcome.

The aim of the examination is to collect and document evidence, and provide any necessary treatment. This may include:

• documenting any external and internal injuries
• testing for Sexually Transmitted Diseases (STDs)
• testing for DNA
• a pregnancy test
• diagnosis of acute or posttraumatic stress disorder
• swabs
• prophylaxis (treatment given to prevent disease)
• treatment of mental health conditions

If you are travelling with a tour operator, you can ask them to accompany you to the hospital. If you want, we may be able to come with you as well (depending on timing and location). We can help arrange a medical examination, where possible with a female doctor, if you prefer. We can also help you to arrange an appointment with a doctor who can give advice on sexually transmitted diseases, including HIV/AIDS, pregnancy, abortion or emergency contraception (the morning after pill). We can provide a list of local hospitals and English-speaking doctors.

Treatment

The main hospital in Tirana has an Infectious Disease Service that provides post-exposure prophylaxis (PEP) anti-retroviral (ARV) treatments.

• you can purchase emergency contraception from any licensed pharmacy without prescription or medical referral. Prices may vary. 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 should keep the label or make a note of the name of the medication, so that you let your local health provider know when you return home

• HIV PEP medication needs to be taken within 72 hours of the incident for it to be effective. The NHS may be able to start or continue the 28 day treatment on return to the UK

• the forensic examination at the main hospital in Tirana will be carried out for free

Police investigations in Albania: what to expect

You may be asked by the police to return to the scene of the crime or where you believe the attacker is located - this is not obligatory. The police will ensure that you are not exposed to any risks associated with crime scene or attacker.

In the first stage of the investigation you may be asked to make identification of the suspect. The prosecutor can protect your identity during this process.

The police officer who carried out the arrest will inform the prosecutor. The suspect has the right to appoint a lawyer or, where applicable, a lawyer will be assigned by the prosecutor.

The court will review the validity of the arrest. If the court finds that the arrest or detention is unlawful, it will order the immediate release of the suspect. If the arrest is deemed valid, the court will issue a custody order.

The prosecutor carries out the investigation, which can last from 3 months to 2 years depending on the complexity of the case. Once the investigation procedures are concluded the arrested person is officially charged by the prosecutor and trial starts.

During the pre-trial proceedings you will be expected to make a statement in front of the public prosecutor. Your lawyer cannot give the statement on your behalf. They will have access to your case notes during the investigation proceedings.

You will not face any travel restrictions once the case is filed with the police, and you will be allowed to leave the country at any point.

Court procedures: what to expect

If a suspect is ordered to trial you will be asked to testify in court. If you are in Albania and there are no legal impediments for you to do so, you must appear in court at the required place and time. If you fail to do so, the court may order your forced attendance to court or impose a fine.

If you are in the UK you can testify from the UK using a video conferencing tool, but you should make this request in advance.

If you haven’t appointed a lawyer, you will be kept informed of the case development by the investigating officer. There may be occasions when you will be expected to give an additional statement.

By law, the charge of rape requires mandatory state prosecution, which cannot be dropped even if you want to withdraw your report.

The alleged assailant may press counter charges claiming false allegations. The competent authorities will review the charges separately.

Trial procedures

You will be informed about the next stages of the pre-trial and court proceedings by the court secretary services. The trial will be conducted in Albanian and an English-speaking interpreter can be appointed by court.

You are not required to be present at every court session. Your legal representative, if you decide to appoint one, will attend the court hearings on your behalf. If you are summoned to attend a trial in Albania, the local authorities will not be able to assist with travel or accommodation arrangements. If you cannot arrange travel you can request to attend via a video conferencing tool.

Your case should be forwarded to the respective District Criminal Court of First Instance within 3 months from the date you report the incident to the police. Throughout the investigation, the prosecutor may request an extension in order to gather additional evidence, however this extension cannot exceed a total of 2 years.

The defendant has the right to appeal the decision of the respective District Criminal Court of First Instance to the Court of Appeal. Usually there is one hearing in the Court of Appeal, unless the circumstances of the case require a repetition of certain procedures by the Court of Appeal. The decision issued by the Court of Appeal is final and executed with immediate effect. The defendant has also the right to file a recourse to the Supreme Court, which is the final stage of the judicial system in Albania. In very particular cases, when a defendant claims that the right to a fair trial is violated, the case may be brought to the Constitutional Court of Albania.

Hiring a lawyer

A privately-hired lawyer can support and represent you at any stage of the criminal proceedings, can file applications and receive notifications on your behalf. In Albania you can find private lawyers who are specialised in rape and sexual assault cases.

Local lawyers have extensive knowledge of Albanian criminal law and procedures. They can assist you to ensure that your rights are exercised appropriately.

Updates about your case

During the criminal proceedings, the District Prosecution Office will communicate with you, and during the trial it will be the respective Court Officer who will update you. Your lawyer will communicate with you throughout all stages of the investigation and trial.

You will need to provide a local address but if you are not resident in Albania, you can use your lawyer’s address. If you have not appointed a local lawyer and you have no residential address in Albania, the proceedings will continue without your participation.

Legal aid

You are entitled to legal aid if you hold an Albanian residency permit. You are entitled to legal aid regardless of your financial status or wealth.

You can send your application to a primary legal aid service centre or an authorised non-profit organization.

Sentencing

Sentences depend on the severity of the case and the circumstances under which it took place.

The perpetrator would be guilty of ‘sexual crime’.

Depending on the severity of the case, judges are able to pass down the following sentences:

• imprisonment of 3 to 10 years
• imprisonment of 5 to 15 years, where the crime was committed by 2 or more individuals or there was significant bodily harm
• imprisonment of 10 to 20 years, where the assault led to death or a suicide attempt by the victim
• imprisonment of 3 to 7 years, where the perpetrator and the victim are of the same sex
• imprisonment of 5 to 10 years, where the perpetrator is of the same sex with the victim, the crime was committed by 2 or more individuals or there was significant bodily harm
• imprisonment of 10 to 20 years, where the perpetrator is of the same sex with the victim and the assault led to death or a suicide attempt by the victim
• imprisonment of 3 to 7 years, where the assault is made by the use of objects
• imprisonment of 5 to 15 years, where the crime was committed by 2 or more individuals or the victim is from 14 to 18 years of age
• imprisonment of minimum of 20 years, where the victim is under 14 years of age regardless of whether the crime was violent or not
• imprisonment of minimum of 25 years, where the victim is under 14 years of age and the assault led to death or a suicide attempt by the victim

If the alleged perpetrator is found not guilty, you may file an appeal against the sentence in First Instance Court and a recourse against the sentence to the Court of Appeal.

Compensation

You can apply for compensation by filing a civil lawsuit against the defendant or the person liable to pay damages. The court will not automatically order the offender to pay compensation unless you file this civil lawsuit.

There is no state-funded compensation scheme in Albania to cover physical or psychological injuries.

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. You should do this even if you have been tested in the country that the assault took place in.

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

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 (02/02/2022).