Guidance

Costa Rica: : information for victims of rape and sexual assault

Updated 18 August 2022

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 national emergency number on 911 (English-speaking operators usually available)

• contact your tour operator if you are travelling with one

• contact the British Embassy in Costa Rica. Embassy staff will be polite, 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

There are different organisations involved:

• the Judicial Police (OIJ) - they are similar to the CID in the UK. They work closely with the Fiscalia (like the CPS in the UK) who direct the investigation and compile evidence including formal statements
• the court/tribunal is responsible for keeping you informed of developments once an accused has been charged

2. If you want to report the incident to the Judicial Police in Costa Rica:

You should report the crime in Costa Rica before returning to the UK if you want it to be investigated.

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

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

You may wish to preserve evidence by retaining items that may retain traces of the offender such as condoms, clothing and bedclothes, and mobile phone texts.

If you decide to approach the Judicial Police directly, you can find a list of offices on the Public Ministry website.

If you approach the Judicial Police directly, you may want to ask them to inform the British Embassy, who can provide you with consular support.

Tell the Judicial Police if you think you have been drugged.

Request that you get a police report, and request a translation in English.

You may wish to contact the National Institute of Women (Instituto Nacional de la Mujer - INAMU). You can contact them by:

• calling 911 (ask the operator to transfer you to the INAMU direct line)
• visiting the INAMU Women’s Delegation, located at the main entrance of the National Museum, 75 meters to the south, on the Boulevard of the Judicial Circuit
• contacting a regional units of INAMU (see Support Organisation in Costa Rica section for contact details )

2.1 Emergency numbers

When contacting 911, you will be asked for your identification (usually passport or ID number), address, contact details to receive notifications (email), details of the crime.

Calling 911 gives you access to:

• the Judicial Police
• Red Cross
• the uniformed police (Fuerza Pública)
• the National Institute of Women (INAMU)
• the National Institute for the Welfare of Children (PANI)
• the National Health Service (CCSS often called ‘The Caja’)

You can contact the British Embassy on +506 22582025 and select “Consular Support” to discuss your options at any stage of the process.

There should be no need for you to surrender your passport whilst any investigation is carried out.

3. If you do not want to report the incident to the Judicial Police in Costa Rica

The British embassy will still be able to support you. This includes helping you access medical services, arrange to contact your insurance company, getting in touch with your family, information on travel back to the UK and providing you with information about support in Costa Rica and the UK. They can give you lists of English-speaking lawyers and translators.

It is your choice whether to report the crime. If you don’t report it, your case may not be investigated, especially if there is no forensic evidence.

In certain circumstances, medical services may be obliged to report the crime to the authorities. However, it would still be your decision whether court proceedings should go ahead or not, unless you are under 18 years old. If you are a minor, your case will always be investigated and taken to trial, even without a report.

You will not undergo a forensic examination, but you will still be able to get medical attention.

Doctors are obliged to report cases of Rape and Sexual Assault against children to the Judicial Police and Fiscalía (Prosecutors). Where children are involved the investigation will be carried out with support from Patronato Nacional de la Infancia (National Children and Adolescent Welfare Institute - PANI) and the Caja Costarricense del Seguro Social (NHS equivalent).

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

It is possible to report the crime to police in the UK. However, it is for overseas police forces to investigate crimes in their jurisdiction. UK police forces cannot usually investigate crimes committed overseas.

Local 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 justice can be accessed without reporting the crime locally.

Read Rape and Sexual Assault: Returning to the UK after Rape or Sexual Assault Abroad for more information.

5. Reporting the crime in Costa Rica - what happens next

The Judicial Police will ask you to make a statement about the crime.

You can request an officer of a particular gender although there is no guarantee one will be available. An interpreter will be provided by the local police if needed.

The Judicial Police will normally keep clothes and other evidence for forensic examination.

If a medical evaluation has not already taken place, this will be a priority.

If you consent, the Judicial Police may refer you to a local hospital or to the Public Ministry’s clinics for a forensic medical examination.

6. Medical examination – what to expect

If the Judicial Police (OIJ) and/or Fiscalía (Prosecutor’s Office) are involved from the start, they will accompany you to the hospital for evaluation and treatment.

Medical personnel will check for external injuries, and may take swabs, DNA, urine and blood tests and check for sexually transmitted infections (STI’s). Doctors will decide if you need antivirals in the first 72 hours.

A Forensic Medical Examiner (FME), will conduct the examination. If there is no FME available out of hours, other trained medical personnel from a hospital or medical centre will examine you.

7. Medical treatment

If you go directly to the hospital first, medical staff are required by law to contact the Judicial Police.

This will give you contact with the Fiscalia and the Judicial Police. This does not mean that you must press charges but it does mean that the police will carry out an initial assessment of the case and see whether there are public interest reasons for looking into the circumstances further.

The treating physician must immediately report all cases involving children under 18 years of age, or people who lack the mental capacity to make their own decision, where the Judicial Police are not already involved.

In the first 72 hours after the event, you should be offered psychosocial first aid as part of the treatment process.

Hospital medical staff are able to give advice on HIV medication and post-exposure prophylaxis (PEP), to help to prevent HIV infection.

HIV PEP medication and Emergency Contraception need to be taken within 72 hours of the incident for it to be effective (HIV PEP ideally within 6-8 hours).

The UK NHS may be able to start or continue the 28-day PEP treatment when you return to the UK.

You can get free emergency contraception in any medical centre or hospital without a prescription or medical referral. Additionally, this type of medication is available in any local pharmacy, at your own cost, without prescription.

The cost of emergency medical care to victims is covered by the State. The Judicial Police will usually be involved, at least initially, and treatments are free. This should be the case even if you decide not to proceed with a complaint.

If you have been given medication while overseas, you may wish to keep the label or make a note of the name of the medication, so that you can let your doctor know about it when you return home.

8. Police investigations in Costa Rica – what to expect

The Judicial Police first contact will be limited to general information gathering, verifying that the case is a sexual crime and an initial verbal first account.

This verbal first account is not regarded as the formal police report.

Victims are not usually asked to return to the scene of the crime or asked to make an identification of a suspect at this stage.

If you’re over the age of 18, without mental disability, and not under the influence of drink or drugs or other impairment, you will be expected to make a full statement. This should be carried out by the Fiscalia and you should only expect to have to give one detailed account. This is usually audio recorded.

In order to obtain financial compensation from an offender, you should ask about filing an “accessory civil claim” (in Spanish, acción civil resarcitoria) against the offender at the same time you report the crime. You can appoint your own lawyers but, if you prefer, the public lawyers will help you to carry out the process at no cost.

After the initial actions are complete, victims may return to their home country or continue their travels to another country. The remainder of the case, including evidence at trial, can be carried out virtually.

Only prosecution and defence lawyers will have access to the victim’s case notes.

If the police make an arrest, they will take the suspect before the public prosecutor, who will then either:

• order the person to immediate trial
• refer the case for further investigation. The court will either order the detention of the suspect in prison or release them on bail, pending trial.
• release the suspect if they believe there is insufficient evidence to prosecute.

9. Court procedures – what to expect

Legal representation is free when filing a complaint and requesting protection measures in the criminal courts. If you need further legal assistance, you might have to pay costs. You may seek assistance from INAMU, Consultorios Jurídicos, and the Oficina de Protección a la Víctima, who can signpost you to free legal advice and services.

If you are due to leave Costa Rica before the judicial process is complete, it will be essential to engage a local lawyer. They will be notified on your behalf about any progress of the case.

Local legal assistance will help you better understand your rights, interpret the notifications of the court and manage any appeal if required.

If you have returned to the UK, you will usually able to testify at the trial from the Costa Rican Consulate in the UK, by video link.

The court should inform you (or your lawyer) of any changes to the offender’s case: remand in custody (prision preventiva), conditional bail (libertad provisional), or any other restrictions and precautionary measures, as well as any proposal to discontinue the case. You can appeal such proposals.

There are general victim-care principles, which include reducing re-victimisation and having special needs considered such as physical, sensory or mental limitations and social, cultural or ethnic differences. You should be informed, in the first contact that you have with the judicial authorities, of all these principles and the right to access your file. You also have the right to be kept informed of the progress of the case.

You have the right to be accompanied by a friend or family member, where this does not jeopardise the investigation.

You can request special protection if you feel there is a threat to your safety.

9.1 Time limitations

Victims over 18 years old have up to 25 years from the last instance to report the crime.

In the cases of sexual crimes committed against minors, the victim will have twenty-five years after the victim reaches the age of 18 to report the crime.

Rape and sexual assault can also be reported in the UK. You will need a lawyer in Costa Rica. This can be assigned by the Public Ministry if you do not have your own.

10. 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 already 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

11. Support organisations in Costa Rica

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

11.1 INAMU

Addresses:

• Unidad Regional Central (San José). Phone numbers: 2527-1922. Address: Street 17, González Lahmann, San José, Costa Rica.

• Unidad Regional Central Occidente (Alajuela). Phone number: 2527-1980. Address: Río Segundo of Alajuela, 50 m west from the Delegación de Proximidad.

• Unidad Regional Brunca (Golfito) Phone number: 2527-3725. Email address: rbrunca@inamu.go.cr, ofgolfito@inamu.go.cr Address: 300 west from the Salón Comunal, Casa Esquinera, Río Claro, Golfito

• Unidad Regional Chorotega (Liberia, Guanacaste) Phone number: 2527-8573. Email address: rchorotega@inamu.go.cr, ofguanacaste@inamu.go.cr. Address: From the Clínica 25 de julio, 50m south, 25m east, Barrio Moracia, Liberia

• Unidad Regional Huetar Caribe (Limón). Phone number: 2527-3750. Email address: oflimon@inamu.go.cr and rhatlantica@inamu.go.cr. Address: Across the Tribunales de Justicia, Limón, Cantón Central, distrito Primero

• Unidad Regional Pacífico Central (El Roble, Puntarenas) Phone numbers: 2527-3736 Email address: rpcentral@inamu.go.cr, ofpuntarenas@inamu.go.cr Address: From Panadería Musmani 100m North, El Roble, Puntarenas

• Unidad Regional Huetar Norte (San Carlos) Phone number: 2527-3700 Address: Ciudad Quesada, San Carlos. From Tributación Directa, 100m north. Email address: rhuetarnorte@inamu.go.cr, rhnorte@inamu.go.cr

Hours of contact: From 8am-4pm Costa Rica time.

Description of services offered:

Instituto Nacional de Mujeres (INAMU) is the national institution responsible for the prevention and action on gender violence. Its services include psychological and social support, legal advice, and temporary shelter if required. They also follow up on cases and provide access to support groups. It also refers victims of violence and abuse to Consultorios Jurídicos for free legal representation.

11.2 Consultorios Jurídicos (Universidad de Costa Rica)

Address: Faculty of Law (Facultad de Derecho), Universidad de Costa Rica. Sede “Rodrigo Facio Brenes”, Montes de Oca. San Pedro, Costa Rica. Email address: consultoriosjuridicos.fd@ucr.ac.cr Phone number: 2511-1521. Hours of contact: Mondays and Thursdays, from 1:00pm to 4:30pm.

Description of services offered: The Consultorios Jurídicos department from the Faculty of Law provides free legal representation in cases where the person cannot afford private lawyers. Cases should be referred through INAMU.

11.3 Patronato Nacional de la Infancia (National Welfare Institute for Children - PANI)

Address: Between 10 y 12B Avenue, Street 21, Barrio Lujan, 100 meters east from Escuela República de Chile. San José, Costa Rica You can also locate all regional offices on PANI’s official website. Telephone number: 2523-0700, 2523-0800, 2523-0900, 2523-0881 Email: info@pani.go.cr Hours of contact: Normally from 7am-4pm Costa Rican time.

Description of services offered: The institution deal with children and youths who have been victims of a wide range of abuse. They can accompany victims to Forensic examinations and/or the local hospital, as well as help to report the crime to the Public Ministry, request preventive detention of the aggressor and take measures for the protection of the minor. It also has special protection programs (through shelters or non-governmental organisations for the child or adolescent. PANI can prepare case reports, covering the legal, social and psychological situation.

11.4 Oficina de Atención y Protección a la Víctima del Delito

English Spoken. Addresses:

Sede Central (San José). Phone numbers: 2253-2935. Address: Avenida 10, Street 23, 100 meters east and 25 meters south from Casa Matute Gómez. Email address: victimadelito@poder-judicial.go.cr. Hours of contact: Mondays to Fridays, from 7:30am to 12md and 1:00pm to 4:30pm.

Pérez Zeledón (San José). Phone number: 2785-0449 / 2785-0416. Address: Edificio de los Tribunales de Justicia, Circuito Judicial de la Zona Sur, first floor. Email address: oapvd-pze@poder-judicial.go.cr. Hours of contact: Mondays to Fridays, from 7:30am to 11:30am and 1:00pm to 4:30pm.

Primer Circuito Judicial de San José (San José) Phone number: 2295-4427. Address: San Jose centro, edificio Tribunales de Justicia, second floor. Email address: oapvd-correspondenc@poder-judicial.go.cr. Hours of contact: Mondays to Fridays, from 7:30am to 12md and 1:00pm to 4:30pm.

Segundo Circuito Judicial de San José (San José). Phone number: 2234-5761 / 2234-5791 / 2234-5756. Address: from Goicoechea’s Subway fast food restaurant, 25 mts east. Email address: oap-sgdoc@poder-judicial.go.cr. Hours of contact: Mondays to Fridays, from 7:30am to 12:00md and 1:00pm to 4:30pm.

You can also locate all regional offices in the Public Ministry’s official website Telephone number: 2295-3000 Email: victimadelito@poder-judicial.go.cr. Hours of contact: Normally from 7:30am-11:30 and from 1:00pm to 4:30pm Costa Rican time.

Description of services offered: The Office is in charge of assisting and protecting victims, witnesses and other participants in the criminal process. They can assist with or without a complaint. They provide free, voluntary and confidential programs. The Office aims to minimise re-victimisation.

12. 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.