Guidance

Bosnia and Herzegovina: information for victims of rape and sexual assault

Published 8 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 guidance on Rape and sexual assault: returning to the UK.

Homosexuality, extramarital sex and drinking alcohol are not crimes in Bosnia and Herzegovina. Carrying and taking drugs are crimes in Bosnia and Herzegovina. Small amounts of drugs like marijuana or ecstasy for personal use are offences in the Republika Srpska and Brcko District. You may be fined if you are caught in possession.

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 at 122
• contact your tour operator if you are travelling with one
• contact the British Embassy Sarajevo on 00387 33 282 200. 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 confidence. They can contact your family or friends for you if you wish

If you want to report the incident to the police in Bosnia and Herzegovina

Women and men should be treated the same by the police when they report rape or sexual assault in Bosnia and Herzegovina.

If you have a tour operator, they should be able to arrange for someone to support you. If you are in an area where there is a British embassy or consulate, they will try to send a consular officer to support you, where timing and location allow. You will always be able to speak to trained consular staff on the telephone 24/7.

If you approach the police directly, you can also ask them to inform the British Embassy Sarajevo at 00387 33 282 200 and they can offer you consular support.

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

Washing yourself or your clothes may make it difficult for the police to obtain forensic evidence. If you change your clothes, take those you were wearing during the assault 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.

Making a statement

Go to your nearest police station to report the crime. In smaller towns there may not be a specially-trained police officer to take your statement. You may be escorted to or have to travel to another police station.

Police officers may not speak English. They should provide you with an official interpreter. You may have to wait for the interpreter to arrive at the police station. Where possible a female police officer will be present.

A consular officer may be permitted to attend the police station at the discretion of the police officer and depending on location and timing. Reporting the crime to the local police does not hold any risks for you.

To gather evidence, the police will ask you for a full account of what happened before the assault, details about the assault and a description of the assailant(s). They will keep any clothes that could be evidence of the attack, to present to a forensic examiner. They may also keep any electronic equipment that may contain evidence.

After you make an initial verbal report to the police, you will be required to give a full statement (through an official interpreter if you do not speak Bosnian/Croatian/Serbian). The police may not provide you with their report immediately, but you can request it afterwards. This may not be written in English. Certain parts of the police report may be ‘redacted’ for data protection.

You may find the process of reporting the assault difficult. Police officers may use technical language, and it may seem that they lack empathy.

As part of the police investigation, police will refer you to the local medical unit after you have given your statement. This will usually be at a hospital in the nearest town or city.

It is your choice to have the examination, but if you do not there may be less evidence to present at court.

Consular staff can accompany you to the hospital with the police if you wish, and if possible.

As a victim of rape or sexual assault, you have additional rights under the law:

• you do have to answer questions that are unrelated to the criminal offence, including about your personal life, previous sexual relationships or sexual orientation
• you have the right to testify by video
• confidentiality of personal data (if you are granted protected witness status)
• the right to a private (not public) hearing
• the right to request compensation for damages

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

Local police will not inform the UK police about the incident. However, if there is suspicion that the perpetrator is British, the local police or the court is likely to contact the UK police or a court to ask for help. This may include contacting you after you leave Bosnia and Herzegovina, for example, if they have caught the perpetrator or they need you to provide more evidence.

A psychologist, social worker or another expert must be present during the interview if you are a minor.

If you do not want to report the incident to the police in Bosnia and Herzegovina

The British Embassy Sarajevo 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/interpreters.

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.

It is your choice on whether to report the crime. If you don’t report it, your case may not be investigated.

You can report a crime after you leave the country, but the police will be less likely to search and find the perpetrator, because evidence may be lost.

If you decide to report the rape or sexual assault from the UK, you may wish to inform the British embassy so that we can follow up with the police if you would like us to. See If you want to report the incident to the police in the UK for more details.

Reporting the crime by email

You can report the crime by email, but it may be better to use regular post instead. If you email the report it may not be received, or may go unnoticed, by the competent authorities.

The embassy can advise which police administration you should send the report to. You can report the crime in English only, and the police will make an official translation. However, you should try and report the crime in both English and the local language (through an interpreter/translator if necessary).

If you decide not to report the crime, you are still able to access medical treatment. You may have to pay for any examination and treatment.

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

If you are staying in the Bosnia and Herzegovina, you should report the crime there. If you are a British national and you need help to report the crime, you can contact the British Embassy Sarajevo at 00387 33 282 200, or the Foreign, Commonwealth & Development Office in the UK.

If you do not report the crime in the country where it happened and you return to the UK, you can still report the incident 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.

The medical examination: what to expect

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

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

A gynaecologist will carry out the examination, and they will check for external injuries, do swabs for DNA and test for sexually transmitted infections (STIs). They may take photographs of injuries, if you have reported the assault to the police and do not object. There may not be female medical staff available to conduct your examination, especially if it takes place outside of usual working hours.

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

Treatment

You cannot use your UK-issued European Health Insurance Card (EHIC) or UK Global Health Insurance Card (GHIC) in Bosnia and Herzegovina. If you have travel insurance, contact your company.

Post-exposure prophylaxis (PEP) HIV medication

Post-exposure prophylaxis’ is a treatment that can prevent HIV infection.

Medical staff at hospitals may not actively offer HIV PEP medication.

To request the medication: at your medical examination your doctor will give you a report. Take the report to the emergency room or infectious diseases unit, and ask for a prescription for the HIV PEP medication. You can take the prescription to any pharmacy and collect the medication.

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

You will need a prescription or medical referral to get emergency contraception at the pharmacy. You will need to pay.

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 can inform your local health provider when you return to the UK.

Police investigations in Bosnia and Herzegovina: what to expect

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

When you report the crime, the police inform the Cantonal/District Attorney as soon as possible, who is obliged to initiate or dismiss the criminal prosecution. If they initiate a prosecution, it then comes under their jurisdiction.

The State Attorney has up to 1 month (from the date the end of the investigation was entered in the crime report register) to decide whether to bring charges against a suspect. You will be notified when the decision is made.

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

You may be called by the Cantonal/District Attorney to make a statement and provide relevant information. This information may be used as evidence in the criminal prosecution. A lawyer cannot do this on your behalf.

Lawyers usually do not offer pro bono service to victims. This is because the main function of these proceedings is to prosecute the perpetrators. See Hiring a lawyer for more details.

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

Court procedures: what to expect

You can be called to testify before the court. If you have left Bosnia and Herzegovina, you will be asked to return. You can request to give testimony using an audio-video link from abroad. This needs to be agreed and allowed by the court.

You have the right to be kept updated about the criminal process regardless of whether you have a private lawyer. If you hire a private lawyer, they would manage all the communication between you and the court.

It is unlikely you will need to give an additional statement after giving it to the police, the Cantonal/District Attorney and the court (as a prosecution witness). However, there may be exceptions to this depending on the case and the investigations. You can be asked to give an additional statement if a clarification is needed.

There is mandatory state prosecution for rape and sexual assault. If you choose to drop the charges, the case will proceed without you.

Making false accusations is illegal and counter-charges can be brought against you.

Trial

You do not have to file any formal documents. As soon as the case is reported to the police, they make a report to hand over to the Cantonal/District Attorney’s office.

The statute of limitations for prosecuting crimes against sexual freedom, depending on the type and severity of the crime, is 5 to 30 years. However, forensic evidence is likely to be lost and this could reduce the likelihood of charges being brought against a suspect.

Trial procedures

The deadline for the criminal investigation is 6 months, which can be extended for another 6 months and, in special circumstances, for an additional 6 months. After the deadline, the Attorney’s office must either bring charges or rule that there is insufficient evidence to do so.

The trial will be held in Bosnian/Croatian/Serbian language but, if you are providing a witness statement, you are entitled to a court interpreter. If you are not providing a witness statement, you are not entitled to a state-funded court interpreter. You can appoint a private interpreter if you wish.

You do not need to be present at court sessions unless you are called upon as a witness in the case. If this is the case, you will be summoned by the court. You will be expected to return to Bosnia and Herzegovina, but can request to give your testimony using an audio-video link from abroad.

If you have to attend the trial to give a witness statement, the court will compensate you for travel and accommodation. If you are not giving a witness statement you will be responsible for your own costs.

Rape and sexual assault trials can last a long time, especially if the assailant is unknown. In this case, the proceedings will stay in the investigation phase until the assailant is identified. If the assailant is known and detained, the process can last up to 2 years before the court passes the final sentence.

The defendant has the right to appeal.

Hiring a lawyer

You will not be provided with a state-appointed lawyer during the investigation process. Your interests are represented by the State Attorney’s office. You can hire a lawyer privately if you wish. You will have to pay for their services.

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

You should appoint a lawyer who practises criminal law:

• find an English-speaking local lawyer
• find a local interpreter

Communication

The prosecution will ask if they need additional information from you, and will notify you when the trial is complete. The police can also keep you updated before the case goes to court, and in case they need any additional information.

If you have a local lawyer, the court can communicate with them.

Legal aid

You are not entitled to free legal assistance under local law, but you can hire a local lawyer. They will charge a fee.

If you live in Bosnia and Herzegovina, and the perpetrator has been legally convicted of a criminal offence in the criminal proceedings, you can submit a request for legal aid in civil proceedings, for example, seeking compensation of damages from the perpetrator.

Legal aid is not granted to foreign victims in the Republika Srpska, Canton 10 and the Una-Sana Canton in the Federation of Bosnia and Herzegovina.

You should submit your request Ministry of Justice administration office in the relevant canton.

Sentencing

All sentences imposed in criminal proceedings in Bosnia and Herzegovina include both a criminal and rehabilitative aspect.

If the perpetrator is found guilty, their crime is punishable under ‘committing an offence against sexual freedom’. Both the specific criminal offence for which the perpetrator will be found guilty and the sentence that will be imposed depend on the overall circumstances of the case. This is decided by the court during the criminal proceedings.

If the alleged perpetrator is found not guilty, they are released from detention if they have been detained during the process.

Compensation

The courts can order the offender to pay compensation for any injuries and losses, if during the criminal process you have requested financial compensation. This compensation can be for injuries or financial and material losses.

The amount of the compensation is set by the criminal court, or they can delegate it to the civil court.

When you return 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

Support organisations in Bosnia and Herzegovina

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

You can call an emergency number and you will be directed to an information centre, offering information on how you can contact police, access medical and psychological support or a safe house:

• Federation of Bosnia and Herzegovina: 1265
• Republika Srpska: 1264

Disclaimer

This information has been prepared by UK gGovernment 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).