Guidance

Chile: information for victims of rape and sexual assault

Updated 28 December 2023

If you have been sexually assaulted it is 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 local emergency numbers on 133 or 134. In the case of sexual abuse of minors, you can call 147 for information and to report the incident
• contact your tour operator if you are travelling with one
• contact the British Embassy in Santiago on +56 22 370 4100 and follow the prompts to the Consular Section. We will be polite, patient, sensitive and non-judgmental, and will provide information on local police and medical procedures. Anything you tell us will be treated in the strictest confidence. We can contact your family or friends for you if you wish

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

If you have a tour operator, they should be able to arrange for someone to support you. If you do not have a tour operator, you can contact the British Embassy and we can try to send a consular officer to support you. Please bear in mind that distances and staffing may limit our possibility of doing so. If you approach the police directly, you can also ask them to inform us.

If you choose to report the incident to the police, you must do so in-person 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, texts or social media messages.

Tell the police if you think you have been drugged.

The limited level of English means there may not always be the option to choose between an English-speaking male police officer or an English-speaking female police officer.

We will do our best to make sure the authorities provide a translator as soon as possible and we will express your preference about being assisted by a male or female police officer. You can also check our list of translators and interpreters.

Ask for a copy of the police report and for the details of the Prosecutor’s Office or Court on duty to which the report will be forwarded to. This will allow you to follow up on the case later on. Request a translation of the report in English, if possible.

Local authorities may retain passports of suspects in a criminal investigation. As a victim of crime, you should not be requested to surrender your passport.

Reporting the incident in Chile: what happens next

If you choose to report the incident to Chilean authorities, they will ask you to make a statement about the incident including a description if possible of your attacker(s). Additionally, they will ask you to keep any clothes, which may be evidence of your attack to present to a forensic examiner, as well as any other belonging that may provide useful information on the attacker(s).

After having reported the incident to the police, they will take you to the Chilean Forensic Service (Servicio Médico Legal) or to a local hospital for a forensic examination, if this has not been done yet. The forensic examiner will ask you to make a statement about the incident again.

The police will send your initial report to the prosecutor’s office on duty. You should be aware that you might be required to ratify your report in front of a Prosecutor to start the legal proceedings against the perpetrator, which means you may need to explain the course of the events once again.

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

The British Embassy consular team can help 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.

You might find these resources helpful:

• lists of English-speaking medical facilities
• list of lawyers
• list of translators

If you are travelling with a tour operator, you can report the incident to your representative and ask them for assistance. Where possible, and if you wish, the tour operator may accompany you to the police and to the local hospital. Otherwise, depending on your circumstances consular staff may be able to do so depending on distance and availability.

It is your choice on whether to report the crime, but if you choose not to do so, your case will only be investigated if the authorities pick it up from other sources. The case may not continue if there is a lack of forensic evidence.

Rape and sexual assault in Chile is not subject to any time limit from prosecution. It means that you can report it whenever you choose to do so.

Chilean authorities will be able to investigate the rape or sexual assault even if the report does not come from you directly.

In cases involving minors, anyone with concerns about a child being at risk or being a victim of abuse is entitled to report it to the authorities. This includes relatives, friends, neighbours, physicians or teachers who must report the suspicion immediately.

All public hospitals and private clinics in Chile have the legal duty to report all cases of rape or sexual assault to the police without the victim’s consent, when the victim is a minor. Victims over the age of 18 will need to provide consent for this to be reported.

Criminal offences committed in Chile can only be reported in Chile. However, a legal representative can file a report on your behalf if you live abroad.

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

It is possible to report the incident 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 incidents 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 ensure that any justice will be served, without reporting the incident locally where the event took place.

Please see rape and sexual assault: returning to the UK for more information.

The medical examination: what to expect

All public hospitals and private clinics in Chile will be able to provide you with appropriate medical attention, even if you choose not to report the incident to the police. All public hospitals in Chile will do this free of charge. This might not be the case for private clinics.

You can choose whether you want a medical examination or a forensic examination. You have the right to decide if you want this to happen or not, and it is the doctor’s duty to ask your consent before any examination takes place. Doctors must be prepared to explain to you what an examination entails.

The sooner the examination takes place, the greater chance of collecting any forensic evidence.

In some public hospitals on arrival, a police officer may ask you why you need urgent medical assistance to ensure the relevant specialists come to see you. This is to assist you in receiving prompt medical attention, not to question you or take your statement.

If you choose to report the incident to the police, they will usually take you to the Chilean Forensic Service (Servicio Médico Legal) if possible, or to a public hospital where a forensic doctor will be called in immediately to carry out a forensic examination along with the hospital staff.

If you haven’t decided whether to involve the police, it is most likely that the medical examination will be carried out by trained hospital staff instead of a forensic doctor. In this case, every sample collected and subsequent test result will show in your medical record at the hospital for future reference. They will not automatically report the results of any examination to the police.

In both cases, they will take samples, such as swabs, depending on the information you provide on the assault. They will take blood samples, sometimes urine samples too, and retain some clothing and other items. If you choose to get medical treatment, we will do our best to accompany you to the hospital. However, issues like distance or staffing may limit the Embassy’s possibilities to do so..

Treatment

All public hospitals, private clinics and the Chilean Forensic Service need to follow the protocols for victims of sexual violence. This protocol states that every victim must receive the following during a complete medical examination:

• treat bruising and external injuries on all areas of the body
• internal injuries by examination and internal swabs
• possible DNA testing and tests relating to date rape drugs or sexually transmitted diseases (STDs) including HIV test
• HIV PEP (Post-Exposure Prophylaxis) medication is subject to availability in Chile and can be very expensive. It is medically prescribed and closely monitored.

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

• provide the Emergency Contraception Pill (also known as the ‘Morning After Pill’). You should also be able to get emergency contraception at any pharmacy

This pill must be taken within 72 hours of having unprotected sex. The sooner it is taken, the more effective it is likely to be.

If the hospital cannot provide you with the remaining tablets of the PEP treatment, they must give you a prescription. Please, let Embassy staff know if this is the case and they can help you contact local pharmacies or other hospitals. It is important that you do not interrupt this treatment without medical advice.

The Protocol for Victims of Sexual Violence indicates that the entire assistance response (including medical examinations, tests and treatments) are free of charge in public hospitals. However, private clinics may expect you to pay for any medical treatment.

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.

Police investigations in Chile: what to expect

Once you have made a statement and undergone a medical examination, the police will send the report to the prosecutor’s office on duty.

If the police ask you whether you want to show them the scene of the crime or where you think the attacker could be located for identification purposes, it is completely your decision. There is no obligation for you to do so.

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

When the police make an arrest, they will take the suspect before the public prosecutor within 2 to 3 hours after the arrest. Then, the suspect will be taken before a Judge within 24 hours after the arrest. The Judge will take the suspect’s testimony and will decide whether he/she will then either:

• refer the case to further investigation to the relevant authorities who will either detain the suspect in custody or release him/her on parole pending trial
• release the suspect if he/she believes there is insufficient evidence to prosecute

You are free to leave the country whenever you please. However, you should be aware that doing so before confirming your statement in front of the Judge or Prosecutor, might result in authorities closing the investigation. After you have confirmed your statement, there is no need/requirement for you to stay in country while the legal process develops.

Court procedures: what to expect

If a suspect is ordered to undergo an oral trial, you will usually be expected to testify in court in person. However, if you have already returned to the UK, you can request in advance that the prosecutor or Judge allow you to testify virtually in court. A lawyer can advise you further on this matter.

If the case is referred for further investigation, you may be asked to give an additional statement.

In Chile, a victim of any crime, including rape and other forms of sexual assault, is not allowed to have access to the case file and will not be kept informed of any developments by the Court.

The only way of getting updated information about a criminal case is hiring a lawyer to start a criminal lawsuit. You should talk to a lawyer in Chile for further information.

If you change your mind about pressing charges or you are unsure about continuing with the process, you can retract your statement. To do this you must tell the police or the public prosecutor. There is a chance following this that the assailant may press counter charges against you claiming that you have made false accusations. The court will investigate these claims and decide whether to proceed.

The charge of rape is an automatic state prosecution and will not be dropped. Your revised statement will be considered during a trial and will support the assailant’s defence.

If anyone intentionally makes false accusations to the police or withholds the truth, they can be prosecuted, if the Judge declares the assailant not guilty.

If the offender is convicted, he/she might have to pay compensation to the victim for any injuries or losses.

In Chile, you can approach the government-support network for victims of sexual assault, who provide psychological and legal support. More information is available at the links below:

• Programa de Apoyo a Víctimas – Ministry of Interior
• Atención a Víctimas de Delitos Violentos – Ministry of Justice (ProBono Legal Assistance)
• Fiscalia – Prosecutor’s Office

When you return home to the UK

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

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.

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.

SARC offer medical, practical and emotional support. They have specially trained professionals who can give you medical help and advice. They can also help and support you through your immediate trauma. Find your nearest SARC online.

England

NHS Choices website, or search the internet for ‘NHS SARC’.

Scotland

Archway SARC. Phone 0141 211 8175.

Wales

New Pathways SARC. Phone 01685 379 310.

Ynys Saff Sexual Assault Referral Centre (SARC).

Northern Ireland

Rowan SARC Northern Ireland. Phone 0800 389 4424

Disclaimer

This information is provided by the British Government for the convenience of enquirers, but neither His Majesty’s 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. This information is not intended to be a substitute for professional medical or legal advice.

Medical information has been provided by The Havens Sexual Assault Referral Centres of Kings College Hospital NHS Foundation Trust and The Rowan SARC NI and was accurate at the time of production.