Guidance

Belgium: information for victims of rape and sexual assault

Updated 29 June 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 of other form of sexual assault overseas

For information on support available in the UK, see guidance on rape and sexual assault: returning to the UK.

1. 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 101 (police) or 112 (emergency services)
• contact a Sexual Assault Care Centre SACC
• contact your tour operator if you are travelling with one
• contact the British Embassy Brussels on +32 (0)2 287 62 11. 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.

There are currently 9 SACCS located in major cities across Belgium. The centres are generally attached to university hospitals and focus on providing acute care to victims of rape and/or sexual assault. Assistance may also be provided to family or friends who may be supporting you. See the online A Guide for Significant Others (PDF, 3.4 MB) for further information. SACC services are available 24/7.

You can receive the following care at SACC centres:

• medical care: both medical care (examinations, care of wounds and injuries) and treatment of the physical, sexual or reproductive consequences
• psychological care: first psychological care (by lending a listening ear and giving information about normal reactions after a shocking event and advice on how to cope) as well as further guidance from the SAC-psychologist
• forensic examination: establishing injuries, investigating traces of the perpetrator, gathering evidence in case a victim wants to file a complaint
• filing a police complaint if desired, with the help of specially-trained police inspectors
• follow-up afterwards: medical follow-up for any medication or injuries, as well as psychological follow-up

2. If you want to report the incident to the police in Belgium

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 or the SACC centre directly you can also ask them to inform the British Embassy Brussels on +32 (0)2 287 62 11 and they can offer you consular support.

If you wish to report the crime, try to do so as soon as possible (within the first 72 hours) so that 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. Try to avoid using plastic bags when preserving evidence. If possible, items should be kept separately in paper bags.

Tell the police if you think you have been drugged.

You do not put yourself at risk by reporting the incident to the police, regardless of your gender or sexual preference.

Police officers working collaboratively with the SACC centres have specialised training to assist victims of rape and/or sexual assault. If you report the incident within the first 7 days at any SACC centre you will be assigned a specially trained officer. If you make a report after 7 days you will be interviewed at a police station by an officer who may not have the specialised training.

If you do not speak one of the local languages, the police will provide an interpreter, but this can take some time to organise, so you may have to wait.

Investigations in Belgium are led by:

• the public ministry (procureur du Roi/procureur des Konings) or
• an instructing judge (juge d’Instruction/onderzoeksrechter)

You will not have to surrender your passport during the police investigation but you should take it with you when filing a police complaint.

When making a complaint, staff at the British Embassy can call ahead to inform the police or the nearest SACC centre so your visit can be organised. If time and distance allow, we can also accompany you to the police station or SACC centre. We cannot interpret for you.

If you prefer, the victim support team (slachtofferhulp/aide aux victimes) at the Centre for General Wellbeing/Het Centrum Algemeen Welzijnswerk (CAW) may also be able to accompany you when attending a police station, SACC or even at court. Staff at CAW will provide support anonymously and free of charge. Alternatively, the victim reception service (services d’accueil des victims / slachtofferonthaal) legal assistant team may also with the agreement of the magistrate provide support throughout the whole legal procedure, from the filing of your complaint until sentencing.

A lawyer will not automatically be assigned when filing a police complaint. If you want to have a lawyer with you, you will have to organise this. See our list of English speaking lawyers.

You can give the police the amount of information (or evidence) you feel comfortable with. It is in your best interest for a strong case against the suspect to provide as much information as possible, and as soon as possible after the incident.

The police will ask you to provide evidence that will help the investigation such as, telecommunications with the suspect, a description of the suspect, and details of any witnesses. In some cases, the police can seize evidence if they receive instructions by the public ministry or instructing judge to do so, and you refuse to give this to them.

3. If you do not want to report the incident to the police in Belgium

The British embassy or consulate 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 must report the crime in Belgium before returning to the UK if you wish for it to be investigated.

If you decide not to report the incident to the police, you can still receive medical and psychological treatment in Belgium.

If emergency treatment is required, you can attend any hospital in Belgium. However, only hospitals with a SACC have staff with the specialised training to care for victims of rape and sexual assault.

Medical treatment is always recommended and you should try and get this as soon as possible after the incident. Waiting longer than 7 days may affect treatment options available to you and reduces the chance of forensic evidence being traced.

If the incident took place less than 7 days ago (and ideally within the last 72 hours), you can go directly in person to any SACC. You can also call or email them. You’ll receive immediate and necessary medical, forensic and psychological care.

During the appointment, the SACC team will determine which medical and psychological care is needed so that referrals can be made to the existing support and care services beyond the SACC. For complaints, an appointment can be made with the police through SACC.

If you wish, you can file a complaint with a police inspector at the SACC. If the incident occurred more than 1 month ago, you can also call or email SACC to make an appointment.

Always insist you receive the medical certificate drawn up by the hospital following any treatment. This certificate will be important if you later decide to make a police complaint or try to claim damages. If medical treatment was received at SACC, copies of your medical notes can be obtained at any time. If a police complaint is filed, all medical reports and samples become the property of the Ministry of Justice. To obtain a copy of your medical notes you should submit a request to the public prosecutor.

Any medical samples taken whilst having a medical examination at SACC will be preserved for 6 months. This can give you time to decide if you would like to file a police complaint.

For adults: after the 6-month preservation period, if you decide not to file a police complaint and have been informed of the consequences by SACC staff or when you can no longer be contacted, the samples are automatically destroyed. Your written consent is no longer required.

Any clothing retained can be returned to you if you wish and the forensic roadmap will be preserved in your medical record.

For minors: the medical record and DNA samples and clothing are kept for 50 years at the SACC or in a laboratory of the hospital with which a protocol has been concluded. The biological samples taken for toxicology are kept for a maximum of 5 years.

4. 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 British Embassy Brussels 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.

5. Reporting the crime in Belgium: what happens next

If you choose to report the crime, try to do so as soon as possible, ideally within 72 hours so forensic evidence can be retained.

If the incident happened within the last 7 days, you can go directly to the police or any SACC centre to report the crime.

If you go directly to a police station, an officer will drive you to a SACC. Usually the officer will wear plain clothes and use an unmarked car to take you there. First, staff will address your psychological and medical needs, and then a specialised police inspector will conduct the interview at the centre. Interviews at the centre are usually recorded, with your consent.

If the incident happened more than 7 days ago, you should contact the police. Alternatively, if you prefer to attend a SACC centre the staff can help you make arrangements to file a police complaint, in this situation police interviews will be conducted at a police station. Staff at SACC will still assess your situation and can offer psychological guidance. A forensic examination will often not be possible after 7 days.

In cases where the assault happened less than 7 days ago try to bring as many items as possible to the police/SACC, which may contain traces of the perpetrator. Items should be kept in papers bags if possible.

Steps you can take when preserving forensic evidence include:

• try not to wash or take a shower after the incident
• if there was oral contact, try not to drink
• keep the clothing you were wearing during the assault, sheets or bedding, pillowcases, a condom, sanitary towels or toilet paper
• try not to urinate. If you do, try to collect it in a container
• avoid physical contact with other people

When filing a police complaint you will be required to make a statement, the process generally takes between 2 to 3 hours to complete. Statements will always be taken in the presence of 2 police inspectors.

When making the statement you should provide as much detail as possible about the incident and any description of the attacker(s). The police may have to ask specific questions, which you may find unpleasant but this is only to ensure all of the necessary information is obtained for the investigation.

When filing a police complaint, there is the option to declare yourself as an injured person and/or civil party. Making this declaration can allow you to exercise a range of different rights throughout the legal process.

Insist you get a certificate of complaint (‘une attestation de dépôt de plainte/attest van klachtneerlegging’) from the police, the certificate holds the reference number (PV) of your complaint and may be required for other administrative tasks.

The police complaint will always be written in 1 of the 3 official languages. If you require a translation, you will have to make these arrangements by yourself. Find a local translator in Belgium.

The police may keep items such as your clothes or electronic equipment if they consider it will be useful to the investigation. However, items can only be sent for forensic examination if instructed by the public prosecutor to do so.

If the incident happened less than 7 days ago and it proves useful for the collection of evidence, the police inspector will ask you to have a forensic examination.

You can refuse to undergo a body examination at anytime.

The Belgium police will not normally inform the UK police about the incident, and they will not usually undertake police checks on you as the victim.

6. The medical examination: what to expect

Not all hospitals and medical centres in Belgium have specialised staff to carry out forensic and medical examinations for victims of rape and sexual assault. Although all hospitals will provide emergency treatment a SACC is the best place to receive specialised care. Their services are available 24/7.

All medical staff are bound by professional secrecy and will not report the results of your medical examination to the police or any other person without your consent.

A forensic nurse at SACC carries out the forensic and medical examinations. Each examination is different and dependant on your individual circumstances. It may include taking swabs, DNA, STD testing or an examination of your external injuries. The forensic nurse will only examine and take samples where necessary to ensure the examination is carried out in the least intrusive way possible. If you prefer, you can request to be assisted by a female nurse but this may not always be possible.

A forensic pathologist or gynaecologist will carry out forensic and medical examinations received at hospitals that are not part of SACC. The examination is carried out using a sexual assault set kit (‘seksuele agressie set/ le kit d’agression sexuelle’).

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.

Alternatively, a member of staff from the victim support service (services d’aide aux victims)/Slachtofferonthaal (Flanders) or CAW (slachtofferhulp) may be able to accompany you. We can try and make these arrangements on your behalf, if you wish.

7. Treatment

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.

Staff at the SACC can give advice on HIV PEP medication (‘Post-exposure prophylaxis’, a treatment that can prevent HIV infection). If assessed the medication is necessary it will be provided to you free of charge.

Treatment lasts for 28 days, the first 4 days of medication will be provided by the SACC. You will then be guided to a HIV reference centre for the remaining treatment and follow up care.

Other vaccinations such as Hepatitis A, B and HBV are also available.

If you travel back to the UK during this period, copies of your medical notes will be provided to ensure medical staff in the UK can continue your treatment. It is also possible for staff at SACC to liaise with SARC in the UK, to ensure you receive the required support when you return.

Emergency contraception needs to be taken within 72 hours of the incident for it to be effective.

Emergency contraception can be obtained free of charge at any SACC or family planning clinic.

Emergency contraception can also be purchased at any local pharmacy “Apotheek/Pharmacie”. Ella Une or Postinar are available without a prescription. Costs vary depending if you have Belgian health insurance or not. Pharmacies across Belgium can be located using this link https://www.pharmacie.be

Medical treatment/tests received at any hospital that is not attached to SACC will require payment. If you have health/travel insurance or a Global Health Insurance Card (GHIC) some or all of your expenses can be taken care of.

All medical treatment, tests and follow up care received at SACC is free of charge.

7.1 Treatment for minors

For minors aged below 15, a forensic nurse and doctor will take care of the examination together. When a minors aged 15 and older, the same protocol for medical care is used as for adults, which conforms to international guidelines from CDC, WHO and NICE, and national guidelines regarding HIV post-exposure prophylaxis.

Psychological help with the SACC centres is possible if a minor victim who can reasonably assess their own interests indicates they wish to use the SACC services. It is possible that the minor gets redirected to Vertrouwenscentrum Kindermishandeling or SOS enfants, who can take a more systemic approach in their care.

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.

8. Police investigations in Belgium: what to expect

The police will never take you to an area where they believe the attacker is located to try to identify and arrest the suspect. Any investigative actions carried out by the police is done so with optimum attention to ensure you are protected at all times. Any physical confrontation with the suspect will always be avoided.

If the suspect is brought to the police station, the police can ask you to identify the suspect, but the police cannot force you to be confronted with your attacker for identification purposes. In practice, it is more common that you will be presented with a panel of photographs and asked to identify the alleged suspect.

In Belgium, there are 3 ways a suspect may be deprived of their liberty.

The suspect can be arrested having been caught carrying out the offence. In this case, the suspect can be held in custody for a maximum of 48 hours. If within this 48 hour period an arrest warrant is not issued by an investigating judge, the suspect will be released from custody.

In cases where there are serious indications of guilt and excluding cases where a suspect has been caught carrying out the offence. Only the public prosecutor (procureur du roi/ procureur des konings) can order the suspects arrest and it cannot be for a period longer than 48 hours. In some occasions, the public prosecutor may question the suspect. If during this period an arrest warrant is not issued, the public prosecutor can release the suspect subject to conditions.

The investigating judge (juge d’instruction/onderzoeksrechter) can also issue an arrest warrant for the suspect if there are serious indications of guilt and the arrest is seen to be necessary for public safety or the offense is not punishable by a sentence of 15 years or more, and there is a risk of recidivism, subtraction or collusion by the suspect.

If an arrest warrant is issued the suspect will be held in remand for 5 days. After 5 days, the mandate is subject to the control of the council chamber, who can extend the arrest warrant for 1 month. Extensions of the suspect’s detention period is possible until judgment.

The investigating judge can also order the accused to remain in home detention with an electronic tag, in such cases the accused is not permitted to leave their place of residence at all.

The accused can also receive a conditional release. In cases where there have been acts of morality, often the investigating judge will set a condition that prohibits the accused to approach or attempt to contact the victim. The accused would also be obliged to receive therapy to address their sexual behaviours.

During the police investigation, you will be expected to provide a victim impact statement, this process is known as the first hearing. You have the right to be accompanied by a lawyer during this process.

You do not have automatic right to a free lawyer. However, if you do not have sufficient means to pay for a lawyer, you can request a pro bono (pro deo) lawyer of your choice or make a request via the Legal Assistance Office (le Bureau d’Assistance Judiciaire/ het Bureau voor Rechtsbijstand).

The first hearing is very important and it is essential that you give the police as much detail as possible. A lawyer cannot do this on your behalf.

It is unlikely that you will be expected to go before the public prosecutor to provide a statement.

Access to your police file, which contains the minutes, procedural documents, is not automatic while the investigation is ongoing. You or your lawyer can ask to consult the file by request.

When the investigation is closed, and if you declared yourself as an injured person and/or a civil party, you will receive a letter confirming access to your case file.

You will not have to stay in Belgium while the case is being prepared to go to court. You may leave the country at any time. Ask the police for information on your rights as a victim of crime.

9. Court procedures: what to expect

In Belgium, moral offences such as rape, indecent assault and voyeurism are heard in the criminal court (le tribunal correctionnel / correctionele rechtbank). You or the defendant can not be heard as witnesses during the trial.

However, civil parties may address the court as a party to the proceedings, if you wish. You can either do this in person and/or through your lawyer.

If you decide to address the court in person, you will be expected to return to Belgium as video conferencing is not yet available.

Witnesses to the case can be called to testify by the defendant, the claimant and public prosecutor (procureur du roi/ procureur des konings). However, the court can always refuse to allow a witness to take the stand. In Belgium, it is uncommon that witnesses are called to testify in court. The court is more likely to use the witnesses written statements, taken by a police officer.

The most reliable way of ensuring that you receive updates is to appoint a lawyer. Find an English-speaking lawyers.

If you have made a statement as an injured party or have appointed civil proceedings, you will receive the summons at your designated address.

If you are not a resident in Belgium or someone who travels often, it may be beneficial to hire a lawyer, as they will also receive copies of any correspondence. You can also choose to elect domicile using your lawyers address so that all correspondence goes directly to them.

If the court refers your case for further investigations, you may be required to make an additional statement.

You can always decide, for many reasons, to drop the charges once they have been filed. However, this does not automatically mean the suspect will no longer be prosecuted. The public prosecutor will decide whether or not there is enough evidence to summon the suspect before the correctional court or if a referral to the correctional court should to be made.

The alleged suspect can file a complaint claiming false accusations or they can start proceedings for defamation. Defamation will not be established as a result of you choosing to drop charges during the proceedings.

If you have suffered moral, material, financial or physical damages, you may bring a civil action to have the perpetrator ordered to pay compensation by the court. The court may appoint a medical expert to quantify the damages sustained. The civil party has the choice to introduce their action before the criminal or civil court.

Requests by you the civil party can be made before the criminal court when the perpetrator is being prosecuted. This can be done even after conviction if you the civil party was not present at the time of the processing of the criminal case.

If the court refers your case for further investigations, you may be required to make an additional statement.

The alleged suspect can file a complaint claiming false accusations or they can start proceedings for defamation. Defamation will not be established as a result of you choosing to drop charges during the proceedings.

10. Additional legal information

10.1 How my case can be taken to trial

The case is brought to court through a subpoena (citation / dagvaarding), which is a document brought to the suspect in which the charges against them are written down and which invites them to come to court on a specific date to defend himself. The civil party / injured party will also be notified of this date.

The case will be brought to trial before the criminal court by the public prosecutor. It is also possible for a civil party to do this if the public prosecutor stays inactive, but this is rather unusual.

To make a strong case, it is very important that the civil party (victim) submits as many documents as possible to prove any damages sustained. These can be in the form of medical certificates, certificates of incapacity for work, medical expertise, witness statements, photos, etc. which will then be attached to your case file.

During the investigation, you or your lawyer can send documents to the investigator in charge of the case, the public prosecutor or the investigating judge.

If your case will be heard before the criminal court, any document may be filed at the court registry (greffe/griffie) or at the hearing itself.

You can file any documents relevant to the case and submit your application of civil party until the court ends its proceedings and until the court takes the case under advisement. Usually the court will set a deadline when all parties must have submitted their conclusions and documents to the court and other parties involved.

You can send any documents relevant to the case by post to the court registry. However, for these documents to be considered in the trial you must be present during the hearing or be represented by a lawyer.

The court may be able accept documents presented in other languages, provided that the rights of defendant are respected. If the defendant objects because they are unable to understand the language/contents of the documents, the documents may not be considered. The same applies if the court is unable to understand the language which the documents have been written.

10.2 Trial procedures

If you declared yourself as an injured person or civil party you will be informed by mail if a trial will take place. In Belgium, there are no set deadlines between the sending of the summons and trial date.

The language which your trial will be conducted will depend on the region where the trial takes place. In Flanders, trials will be conducted in Dutch. In Wallonia, trials will be conducted in French. In Brussels, trials can be conducted in Dutch or French, this usually depends on the language the defendant has chosen.

You are not obliged to be present at every court session, as a lawyer can represent you.

If you decide not to use a lawyer, it would then be advisable to be present at each court session to ensure you do not miss any stages of the procedure.

In most cases, there will be 1 or 2 hearings. The first is always an introductory hearing, where the court will decide upon a deadline for the exchange of conclusions/documents that need to be considered in the case. The date for pleadings will also be set at this time. The second hearing is when you, the public prosecutor and the defendant will speak to defend your cases.

If you decide to attend your trial in person, you will be responsible for making your own travel and accommodation arrangements.

If you would like to receive moral and administrative support during your trial, you can request assistance from the victim assistance service (service d’aide aux victimes/centra voor slachtofferhulp). They can help explain the procedures and accompany you at court if you wish.

The time it takes for a case to go to trial in Belgium is not defined. It could be a few months to a few years. If the alleged suspect is in being held on remand, a date to appear before the criminal court will generally be arranged faster.

After the final debates are heard, the court will render its judgment in about one month.

Parties who disagree with the judgment then have the right to appeal.

In Belgium, there are no set timescales for when a case has to be settled in the Court of Appeal. If the defendant remains in detention, the decision of appeal may be received quicker. If the defendant is not being held in detention, it can take several months or even years to receive a decision.

After the judgment of the Court of Appeal is pronounced, parties can still lodge an appeal in cassation. An appeal in cassation is only intended for procedural arguments and it is purely a written procedure.

10.3 Hiring a lawyer

The role of your lawyer is to advise you, assist you during police interviews (hearings), prepare pleadings (such as your civil action note), help build a solid case file to present to the court, represent and assist you before court and negotiate with the opposing party.

In addition, a lawyer can also help guide you through the legal processes; this may be especially useful if you are only in Belgium temporarily. They can also help you to find specialised organisation for victims of violence or carry out administrative procedures on your behalf, such as communicating with insurance companies.

Some lawyers specialise in rape and sexual assault cases, many specialise in criminal cases generally. You can find a list of English speaking lawyers and translators on our website or by searching on Belgian Chamber of Translators and Interpreters.

10.4 Communication

In cases of rape and sexual assault, it is very likely that there will be involvement with different parties such as lawyers, the victim assistance service, the public prosecutor, the police, or doctors. For this reason, it may be advisable to hire a lawyer so that all communication is centralised. Your lawyer can then communicate on your behalf, if you give your consent for them to do so.

If you do not reside in Belgium you can still provide your home address and all letters and summons will be sent there. Do note that some communication can be lost when documents are sent abroad.

You may choose to elect domicile at your lawyers address so all correspondence is sent directly to them. Your lawyer will then send the correspondence to you by email or another chosen modern means of communication.

If you choose not to appoint a lawyer, you will receive all updates regarding the case by post. Any summons to be heard and summons to appear in court will be sent to the address you designated.

10.5 Legal aid

Anyone who does not have sufficient means to pay for a lawyer has the right to a pro bono (pro deo) lawyer in Belgium. You can find a pro bono (pro deo) lawyer either in Flanders or in Brussels.

To obtain legal aid, your monthly income will be assessed and any family members you live with. You will be expected to provide proof of income and your family situation (household composition certificate) as well as the income of those you reside with, to the legal assistance office or to your pro bono lawyer. If you live alone you may be able to benefit from free or partial legal aid depending on your monthly earning. These amounts change regularly and can be viewed at Bureau d’Aide Jurdique.

Non-residents in Belgium can also apply.

10.6 Sentencing

In Belgium, sentences can be weighed in favour of both punishment and rehabilitation. The court will take into account several factors when deciding upon sentencing. They must then justify their decision in the judgment why the sentence has been reached.

Sentences that judges are able to pass down vary and are dependant on the crime which has been committed.

• crimes involving violation of sexual integrity the perpetrator can be imprisoned between 6 months and 5 years
• for acts of voyeurism imprisonment is between 6 months and 5 years.
• for non-consensual dissemination of sexual content imprisonment between 6 months and 5 years
• for cases of Rape (penetration without consent) the crime is punishable by imprisonment of between 10 and 15 years

In situations where crimes involve torture, kidnapping, serious violence, incest, discriminatory motive, death of the victim, administration of substances, victim(s) who are considered vulnerable or where victim(s) are under sixteen years of age, sentences of up to 30 years can be received.

If the defendant is found not guilty (acquitted), the civil party (victim) and the Crown prosecutor can appeal the decision.

In the event of a final acquittal by the Court of Appeal, the civil party (victim) may be ordered to pay procedural compensation. This is a lump sum, which helps to cover the defense costs of the acquitted person. The amount of procedural compensation is dependant upon the amount of the sum requested by the civil party (victim).

10.7 Compensation

To obtain compensation, it is mandatory to file a written document in which the victim/civil party sets out their claim. It is advisable to have a lawyer complete the “note of constitution of civil party” or “conclusions of the civil parties” to ensure all procedural formalities are met. The note of constitution of civil party must always be written in the language of the proceedings.

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

If the defendant is insolvent and your physical and/or psychological injuries meet a certain level of seriousness, generally from 5% personal incapacity (which will be determined by an expert), you may be able to appeal to the Commission for the assistance to victims of intentional acts of violence.

To submit an application for financial assistance to the Commission, the intentional act of violence must have occurred in Belgium even if you are domiciled abroad.

If you reside abroad, you must elect domicile with a lawyer or another person in Belgium if you wish to lodge a request.

In addition, you must also be a civil party against the perpetrator if they have been identified. In this case, the request must be made within 3 years of the judgment which will have been rendered.

You may wish to consider hiring a lawyer to submit your request to the commission.

You can find further information about victims of crime on the Belgian Ministry of Justice website.

11. 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.

11.1 England

NHS Choices website, or search the internet for ‘NHS SARC’ Rape and sexual assault referral centres

11.2 Scotland

Archway SARC Contact: 0141 211 8175 What is Archway

11.3 Wales

New Pathways SARC Contact: 01685 379 310 New Pathways - Sexual Assault Referral Centre (SARC)

Ynys Saff Sexual Assault Referral Centre - Cardiff and Vale University Health Board

11.4 Northern Ireland

Rowan SARC Northern Ireland Contact: 0800 389 4424 The Rowan - Sexual Assault Referral Centre

12. Support organisations in Belgium

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

Sexual Assault Care Centre Sexual assault care centres are present in the hospitals highlighted below. Victims of sexual violence can contact them anytime, they are open 24 hours a day, 7 days a week. Specially trained staff can provide medical care, offer psychological support, carry out forensic examinations, assist with filing a police report and can offer follow up care if required.

SAC Antwerp

Zorghotel Drie Eiken
UZA Campus
Drie Eikenstraat 655
2650 Edegem

Contact: +32 (0) 3 436 80 50 zsg@uza.be

SAC Leuven

Herestraat 49
3000 Leuven

Contact: +32 (0) 16 34 11 11 zsg@uzleuven.be

SAC East Flanders

Entrance 47 at UZ Gent
C. Heymanslaan 10
9000 Gent

Contact: +32 (0) 9 332 80 80 zsg@uzgent.be

SAC West Flanders (Roeselare)

AZ Delta - Campus Rumbeke
Entrance East
Deltalaan 1
8800 Roeselare

Contact: +32 (0) 51 23 80 80 zsg@azdelta.be

SAC Brussels

Rue Haute 320
1000 Brussels

Contact: +32 (0) 2 535 45 42 CPVS@stpierre-bru.be

SAC Charleroi

Chaussée de Bruxelles 100
6042 Lodelinsart

Contact: +32 (0) 71 92 41 00 CPVS@chu-charleroi.be

SAC Liege

CHU Liège
Urgences des Bruyères
Rue de Gaillarmont 600
4000 Liège

Contact: +32 (0) 4 367 93 11 cpvs@chuliege.be

Crisis Line

The tele-reception (Tele-Accueil/Tele-Onthaal) service is available to anyone who wants to talk about their situation. You can call free of charge 24 hours a day by calling 107 (French-speaking service) or 106 (Dutch-speaking service), calls are anonymous and will not appear on your phone bill. The volunteers can signpost you to relevant services if you wish. You can also talk to someone using their on-line chat.

There are six offices situated around Belgium and can be contacted during offices hours using the numbers below.

• Bruxelles +32 (0)2 538 49 21
• Région de Charleroi  +32 (0)71 47 50 34
• Région de Liège +32 (0)4 342 77 78
• Région de Luxembourg  +32 (0)63 23 40 76
• Région de Mons +32 (0)65 35 22 29
• Région de Namur-Brabant wallon +32 (0)10 45 79 46

SOS Viol

SOS Viol offers a free telephone listening service to victims of sexual violence; all calls received are confidential. You can meet with staff in person to discuss your situation, they can also provide psychological support, social support and Legal advice.

Rue Coenraets 23
1060 Saint-Gilles

Contact: +32 (0)800 98100 info@sosviol.be

CHS

Operates a mental health service in Brussels. They also have a 24/7 Helpline in English, for children, adolescents and adults. Calls are free of charge, anonymous and confidential. Contact: +32 (0)2 648 40 14 (Helpline) Contact: +32 (0)2 647 67 80 (Book an appointment)

Refuge

The refuge offers shelter, support, peace and security to women who are threatened and/or abused. Flight Houses have a secret address. Contact: +32 (0)70 22 01 11

Family Planning Clinic

You can attend any family planning clinic to receive free contraceptive medication, staff can also give advice/support in cases of pregnancy. In addition to doctors, the centres also have psychologists, social assistants and lawyers who may be able to guide you. To find you closest family planning clinic use either Flanders/Brussels Region or Wallonia/Brussels Region.

CAW.

Provides free support to children and adults. You can meet with staff at their office or a place of your choice. Staff can offer emotional support, legal advice and practical support to victims of sexual violence. Any information you share will be treated in the strictest of confidence.

Locate your nearest CAW office. Input your postal code and you will be provided with the address, telephone number, email and opening hours of the nearest centre.

Victim Support Services (Wallonia-Brussels and Flanders

Provides social and psychological support which can be tailored to meet your individual needs. Support can be carried out on a short or long term basis. You can meet staff at one of their offices or if you prefer arrangements can be made for them to come to your address. The staff can also accompany you during specific procedures such as going to the doctor or police. The victim support services can also assist you before the Commission for Financial Assistance to Victims of Intentional Acts of Violence if you are seeking compensation.

13. Support organisations in the UK

Rape Crisis England and Wales

Contact: freephone 0808 802 9999 (12pm to 3:30pm and 7pm to 9:30pm) info@rapecrisis.org.uk (for women)

Victim Support (for women) (PDF, 293KB)

Victim Support (for men) (PDF, 288KB)

Rape Crisis Scotland

Contact: freephone 08088 01 03 02 (6pm to 12 midnight) or minicom 0141 353 3091 support@rapecrisisscotland.org.uk

Nexus Northern Ireland

Contact: +44 (0)28 9032 6803 (Belfast office) or 0808 802 1414 (24hrs) info@nexusni.org

Survivors UK

Survivors UK supports and provides resources for men who have experienced any form of sexual violence. Their national webchat service for men and their families, partners and friends is open seven days a week and can be accessed through their website.

Contact: +44 7491 816064 (whatsapp) or +44 203 5983898, info@survivorsuk.org

Samaritans

Samaritans offer a safe place for you to talk any time you like, in your own way, about whatever’s getting to you. They listen to you and help you talk through your concerns, worries and troubles, helping you think more clearly about what your options are.

Contact: 116 123 jo@samaritans.org

14. 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 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 (February 2022).