Guidance

Belarus: information for victims of rape and sexual assault

Updated 30 November 2023

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 emergency/rescue number 112, public ambulance on 103 or police on 102 (if you do not speak Belarusian or Russian you will need somebody’s assistance to make a call)
• contact your tour operator if you are travelling with one
• contact the British Embassy Minsk. Our telephone number is +375 17 229 82 00. Embassy staff will be 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.

Read more information on the British Embassy Minsk website.

In case you want to report an incident to the police in Belarus

If you have a tour operator, they should be able to arrange someone to support you. If you do not have a tour operator, the British Embassy will try to send you an embassy staff member to assist you.

A good option would be to have a local lawyer who speaks English or a lawyer and a translator accompany you from the very beginning.

Contacting a local lawyer will allow you to receive confidential professional legal assistance, including on the issue of the advisability of contacting the police in a particular situation (in Belarus, law enforcement agencies are called militia and perform functions similar to the functions of the police in the UK).

If you contact the police yourself, you can ask them to report it to the British Embassy. If you are accompanied by members of the British Embassy when you contact the police, they will not be able to act as interpreters.

Most of the policemen speak only Russian. If you do not speak Russian, you shall be accompanied by someone you know who speaks Russian and English, or an interpreter. The local police can provide an interpreter, but this can take a long time and the quality of the interpretation is not guaranteed. In order to save time and get professional interpretation, it is better for you to have your own interpreter when visiting a police station.

You can report a crime by calling 102, and you can ask the police to come and take action against the perpetrator if necessary.

You are not obliged to report rape or sexual assault to the police, but if you decide so, try to do that as soon as possible so that evidence can be preserved.

Washing yourself or your clothes can make it difficult for the police to obtain forensic evidence. If this is not possible, at least leave the underwear and clothes you were wearing unwashed. You can also save evidence by preserving such items as condoms, toothbrushes, towels, wipes.

Report to the police if you think you have been drugged.

Extramarital sex or homosexuality is not a crime in Belarus. However, homosexuality can be perceived negatively, including by police officers.

When you report the incident you might not be able to choose the gender of the police officer. There is no guarantee that you will be given a private place to speak. There will often be several investigators in the room.

If the crime is committed against a minor, all the necessary actions, such as interaction with the police, are carried out by the legal representative of the child: parent or guardian.

While you are at the police station, you may be accompanied by an embassy officer; we may offer information on investigation procedures, advice on seeking medical attention, and links to victim support groups. We may also contact your friends or family if you request so. However, we cannot act as interpreters.

You will not need to hand over your original passport – the police will take a copy and gather full contact information.

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

The British Embassy Minsk will be able to help you. This includes helping you make arrangements to contact your insurance company, your family, 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 report the incident to your tour operator and ask them for assistance. Where possible and if you wish, the tour operator may accompany you to the local hospital.

Consular staff can accompany you to the hospital should you wish so and where possible. In the interests of patient confidentiality, we will wait in reception during your medical examination.

It is your choice whether to report the crime, but if you do not report it, forensic evidence will not be collected and your case may not be investigated without it. You have to report the crime in-country for it to be investigated.

Even if you do not report the crime, you are still able to get medical attention. You should go to the nearest hospital or call the ambulance (112/103) if you have severe injuries. However, please be aware the police may still be involved as doctors are legally required to report any physical injuries that may have been inflicted as a result of unlawful action.

Reporting the incident to the police in the UK

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

Reporting the incident in Belarus: next steps

The police will ask you to make a statement about the incident, including a description of the assailant(s). You should carefully read the text of the statement before signing it, or ask an interpreter to interpret the entire text.

All the clothes that you had at the time of the attack will be taken by the police as evidence and sent for forensic examination.

The police will refer you to the local hospital or forensic examination centre if you haven’t yet received medical attention. You cannot apply to the court without this step.

The medical examination – what to expect

Most hospitals and medical centres treat victims of rape and sexual assault. If anyone goes to the hospital with any physical injuries, which could have been sustained as a result of a criminal action, doctors are responsible by Belarusian law to report it to police. Please note that forensic evidence is collected only at a specific facility and only when referred by police.

When visiting a hospital, it is important that you tell the doctor what has happened so they can carry out the appropriate examination. They will record the diagnosis, the doctor’s name, date of examination, your name, the offender’s name (if known), and a list of injuries sustained. It is not recommended to eat or drink before the medical examination.

The examination may include:

• oral swabs
• vaginal or anal examination (including a colonoscopy where necessary)
• other tests to check for additional secretions, such as sweat or DNA
• assessing any other damage to your body from the assault

After that, the doctor will refer you to test for HIV and sexually transmitted diseases (STDs). If you feel you need additional mental health support, inform your doctor.

If you have reported the crime to the police, you will be referred for a forensic examination and won’t need to go separately to a hospital. The forensic report is especially important for the legal case, including payment of moral and material damages, and adequate sentencing.

If it is possible you may have been exposed to HIV, you should urgently see an infectious disease doctor to take an HIV test and obtain HIV Post-Exposure Prophylaxis (PEP), a treatment that may stop HIV from replicating in the body by using a combination of antiretroviral and so prevent the virus from attacking the immune system.

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. More information on risks is available on the NHS website.

HIV PEP medication may be purchased from a pharmacy. However, it may not always be available especially outside cities.

It is also important to undergo treatment for sexually-transmitted diseases (STDs) and do repeat tests later. Emergency contraception can be purchased from a pharmacy at your own cost with no prescription or medical referral.

It needs to be taken within 72 hours of the incident for it to be effective. Women should also take a repeat pregnancy test in two weeks after the incident.

Hospital treatment and tests are covered either at your own cost or by your medical insurance. 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 let your local health provider know when you return home.

Investigation of crimes by the police in Belarus: what to expect

A decision about your report must be made within three days, or within ten days (in exceptional cases – up to three months) and depends on how much time the police needs to move forward a criminal case. The preliminary investigation may last up to two months from its start date and may be extended up to 3 months or up to 12 months (or longer in exceptional cases) depending on the complexity of the case and the gravity of the crime.

As soon as enough evidence is collected, the body conducting the criminal procedure issues a decision (ruling) on recognising you as a victim.

Basic rights of the victim include the right to:

• know the nature of the accusation
• testify
• present evidence
• file objections and petitions
• use their native language or the services of an interpreter
• object to the actions of the criminal prosecution body and demand that such objections be included in the protocol of an investigative or other procedural action conducted with the participation thereof
• participate in the consideration of complaints about detention, custody, house arrest of the suspect or the accused by the court and appeal against the decision of the court
• get acquainted with the protocols of investigative and other procedural actions in which they participated and make comments regarding the correctness and completeness of the entries therein
• have a representative and terminate their authority, and other rights

The police might take you to the crime scene to get more information about what happened. If the suspect is brought to the police station, you may be asked to identify them. Due to the lack of special equipment, the process of identifying a suspect may include the face-to-face identification. If you leave Belarus before the suspect is apprehended, you can identify them via a video link.

You will also have to appear for face-to-face questioning, together with the suspect. This is conducted by the investigative authorities.

If the suspect is unknown, you can ask the police to show you a database of photographs of registered sex offenders or insist on compiling an identikit picture. If you injured the offender, report it to the police.

Within 72 hours following the arrest of the suspect, the police - with enough evidence - will transfer the case to the prosecutor’s office to obtain permission to keep the suspect in custody. The prosecutor will either:

• detain the suspect
• refuse to place the suspect in custody

The suspect or accused may be:

• released on bail
• placed under house arrest or conditions where they cannot leave and must show good behaviour
• released under certain conditions e.g. they must present themselves to the appropriate authority when required

You have the right to be informed about your case. However, having a lawyer from the early stages of the case increases the chances that your rights will be respected when the case is investigated.

The lawyer can speak before the prosecutor or investigator on your behalf, and can also get acquainted with the case details and findings of expert studies. You may need to go in person for some parts of the process. This might include: a medical examination, further questioning (with the accused), or to help authorities with more detailed investigations.

The British Embassy can provide you with a list of local English-speaking lawyers. Please note that most criminal lawyers in Belarus do not speak English, and therefore, when choosing a lawyer there, it is first necessary to look into their qualifications and experience in this type of cases.

Court procedures: what to expect

If a trial is scheduled, you will be generally expected to testify in person. If the case is sent for further investigation, you may be asked to give additional evidence.

A preliminary hearing is scheduled within fourteen days after the judge receives the case file. This period may be extended up to three months in some cases. Based on the results of the preliminary hearing, the judge may return the case to the prosecutor, dismiss the case, or appoint the case for trial.

Open trial of criminal cases is default in Belarus, but the court can issue a reasoned decision on a closed trial of a sexual immunity criminal case, including at the request of the victim.

Depending on the complexity of the criminal case, an unlimited number of hearings can take place before the court makes a decision. The duration of the trial also depends on the number of participants in the case. The verdict becomes final if it has not been appealed within 10 days after its pronouncement. The court may restore the missed deadline for filing an appeal at the request of a party, provided that there are good reasons therefor. In case the verdict is appealed, it enters into force on the moment when the court of appeal makes the decision regarding the appeal.

If you do not speak Russian, inform the court in advance and they will provide you with an interpreter. Embassy staff will not generally be able to attend the hearing with you, and you may want to have a friend or family member with you. If you leave Belarus before the court session, you may participate in the session via a video link if the court allows.

At the request of the legal representative of the victim under the age of 16, the investigator or the court may engage a lawyer to represent the victim free of charge.

In cases of rape or sexual assault you cannot agree on a settlement with the perpetrator, either in or out of court.

The attacker may make counter allegations against you, claiming that you made false accusations. The court will consider these claims and make a decision.

People deliberately making false accusations to the police or hiding the truth can be prosecuted.

The court may hear the case without you being present, unless the judge decides that your presence in the courtroom is necessary. In this case, if videoconferencing is not possible and you have to travel, your expenses, including the travelling, accommodation and legal representation ones, may be covered. The court may order the offender to pay you damages either by a court verdict in an ongoing criminal case or a subsequent court decision in a separate claim made by you.

Hiring a lawyer, preferably a bilingual one, will help you gain an understanding of the current case, ensure that your interests and rights are represented in court, and file a timely and proper appeal.

Find an English-speaking lawyer.

The Embassy employees do not have legal expertise and cannot give legal advice.

Communication

When the crime is first reported, you contact the police. Once an investigation has been started, the public prosecutor comes in charge, and you will communicate with them during the investigation and during the trial, if the case goes to trial. A lawyer can facilitate communication between the authorities and you.

If you leave Belarus, the relevant authority will inform the British Embassy in Minsk about the progress of the case by mail if you indicate the address of the Embassy as the contact address for the case you leave Belarus when contacting the police.

Compensation

The court may award damages to the offender for any injury or loss either after they have been convicted in court or as a result of a separate civil action. Your lawyer will tell you about the amount of damages you need to claim and how they can be collected.

There is no state-funded compensation scheme for physical or psychological injuries sustained in a violent crime in Belarus.

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 in.

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

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

Support organisations in UK

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

Glasgow & Clyde Rape Crisis Centre is a support service for women and girls aged 13 and over who have been raped, sexually assaulted or sexually abused at some point in their lifetime. Live Online Support is an online service that gives British survivors of sexual violence access to UK-based real time support from anywhere in the world, via Skype, FaceTime, Instant Messenger and email.

Disclaimer

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).