Guidance

Ecuador: guidance for victims of rape and sexual assault

Updated 30 August 2024

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.

The following information is provided to help British nationals overseas make decisions about whether and how to:

• seek medical advice and attention

• report to local police or the public prosecution office

• engage with foreign legal authorities following a rape or other forms of sexual assault overseas.

It is advisable to read the whole document to help you come to a decision on what to do next.

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

First steps

Firstly, and most importantly, make sure that you are as safe as you can be. If you are alone or with a stranger, do seek help from the police, a hospital, school or the British Embassy in Quito.

Evidence is important. You should try not to wash or shower, or change or wash your clothes. It is also important to keep any type of evidence that contains data or information about the attack or the assailant.

It is your choice about what you do next, but this information may help you to make a decision. The most important thing is to be sure that you are as safe as possible. You can: 

• contact Ecuador´s emergency number, by dialling 911 to report the emergency. They can signpost you to the ‘UNCIS’ (National Police Sexual Assault Investigation Unit)) for their general assistance and guidance

• contact your tour operator if you are travelling with one 

• contact the British Embassy Quito 

• contact the Foreign, Commonwealth & Development Office´s Global Response Centre (24/7) for emergency assistance, outside working hours, through the British Embassy Quito’s switchboard (+593 (0)2 3972 200)

The consular team 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. 

If you are travelling with a tour operator, they should be able to arrange for someone to support and accompany you. If you are not travelling with a tour operator, the British Embassy Quito will try to send or put you in contact with a consular officer to support you as soon as possible.

Get general information on the attention route for gender-based violence in Ecuador and watch this informative video on how to ask for help. Within the Ecuadorean Organic Law to Prevent and Eradicate Violence Against Women, there is a process to request immediate administrative protection measures‘medidas administrativas de protección inmediata - MAPIS’.

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

• you can contact the local police directly, by calling Freephone 1800 DELITO (335486) option 4 to report the incident, or to be signposted to the National Police Sexual Assault Investigation Unit (UNCIS). Or by email, for general guidance:  uncis2021@gmail.com.

• you can call 911 emergency services for immediate assistance and to request a specialised police officer (UNCIS) to help you with the next steps. You can also ask them to inform the British Embassy.

• you can go to the nearest Public Prosecution Office (‘Fiscalía’) to file a verbal or written complaint (‘Denuncia’). Ask for the ‘primera acogida’ (first attention) team, specialised in assisting victims of gender-based violence. They can also liaise the required medical assessment and psychological support. You can also ask them to inform the British Embassy.

• you can approach the nearest community police unit (UPC – ‘Unidad de Policía Comunitaria’) to report what happened, through a ‘Parte Policial” and obtain their relevant support depending on the case. They can also put you in contact with UNCIS police team. You can also ask them to inform the British Embassy.

• if you decide to go to a hospital or healthcare facility, bear in mind that all public and private health officials are obliged to report any type of sexual assault cases to the Public Prosecutor Office. You can ask the hospital or healthcare facility to inform the British Embassy.

Please note there is a general protection and assistance system for victims of gender-based violence, which all public and private entities are obliged to enforce, through the activation of the required assistance process, known as ‘código purpura’ (purple code). However, in practice not all private hospitals adhere to this requirement.

If you choose to report the incident, try to do so as soon as possible, so that any 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 at the time of the incident, to the police in a plastic bag. You may wish to preserve evidence by keeping items such as condoms, toothbrushes, or phone messages. The police will take such items into their possession, which could provide evidence of your attack and present it to a forensic examiner.

To initially report any type of incident, you do not need a lawyer (only if a preliminary investigation process begins), but you can request a translator or interpreter to be provided if there is a Spanish language barrier. It is important you understand what is being asked and the process to avoid any misunderstandings.

If you are in the area of the British Embassy, a consular officer may be able to accompany you to report the case, either to the police station or to the Prosecution Office (‘Fiscalia’). If you are outside Quito, you can contact the British Embassy´s consular team, and if applicable, a British Honorary Consul in Guayaquil, Cuenca or Santa Cruz Galapagos Island can support and guide you too.

When reporting, please consider the following:

• provide as much information and details about what happened, as soon as you can. The person you are filing the report to, will probably ask for details of the attack and any additional information you may have about the attacker

• tell the police or prosecutor if you think you may have been drugged

• insist on receiving a copy of the police report (‘Parte Policial’)

• do not hand over your passport or any personal documents, as the authorities only need a copy of them for filing the report

• you may not initially find an officer of your gender to talk to, however, you can request one and they will check if one is available

• the police can also help you seek medical treatment from a public hospital or health centre. If you prefer, you can also get this from a private hospital or clinic (at an extra cost), moreover if you have travel insurance.

If you first reported the incident to the Public Prosecution Office (‘Fiscalía’), before seeking medical treatment, they will issue an official order for you to receive free retroviral treatment from a public hospital. This should preferably be done within 72 hours after the incident. Alongside this, they will arrange  the relevant forensic examinations (‘examen médico legal’ / ‘examen ginecológico forense’). There are some Gender-Specialised Prosecutors (‘Fiscales Especializados en Género’), but less likely to be found in small towns.

If you think you need psychological support, please request it as it is your right to have this arranged.

If you are under 18, you must be accompanied by an adult throughout the entire process. This adult should be one of your parents or a guardian. If a state institution is responsible for you, they should appoint an adult to accompany you. The National Police Unit for the Investigation and Protection of Children and Adolescents (DINAPEN), may get involved due to their responsibility for supporting children and adolescents at risk. UNCIS Police will lead the investigation, under the direction of the Prosecution Office.

Children and adolescent victims are protected through specialised services. There are Administrative Offices for Protection of Rights (‘Juntas de Protección de Derechos de Niños, Niñas y Adolescentes’) accessible throughout Ecuador, to request preliminary emergency protection. There is no statute of limitations on sexual crimes against children and adolescents in Ecuador. Forensic medical reports issued by public and private health centres should have the same legal value in evidence as those done by official forensic experts.

The Ecuadorean Law states that the investigation and hearings are confidential, so the public cannot attend. The data and information will be only accessible by those involved in the investigation process.

Preliminary investigations in Ecuador

If you decide to file an official complaint (‘Denuncia’), you may want to go directly to the Public Prosecution Office (“Fiscalía”) to give your statement. You have the right to an interpreter free of charge (‘Perito traductor’).

Alternatively, you can report the incident online with the Public Prosecution Office, by completing an online form (‘formulario de denuncia en línea’). Select the type of crime and provide as many details as possible of the incident (description, date, location, estimate time and if you know the alleged perpetrator). The reporter (either the same victim or another person) will have to provide their personal details, their email and telephone number, for internal use only and to be reached by an official from Fiscalía. When submitting the report, you will get a reference number.  You will then need to formalise it in person at the nearest ‘Fiscalia’ office (you will receive the location details by email). However, this is not valid for ‘flagrant’ offences.

You can also approach one of the ‘Unidades de Violencia’ from the judicial authority (‘función judicial’), an auxiliary body to help with the investigation. They can also receive official complaints. These judicial units have a ‘primera acogida’ area, for personalised support and guidance for victims through their technical team.

After filing a complaint (‘Denuncia’), a preliminary investigation (‘Indagación Previa’) will begin, which is prior to a legal process, and will be led by a Public Prosecutor. An investigation file will be opened with a unique procedure number.

The purpose of a preliminary investigation is to gather all the existing evidence on the assault and the identity of the offender/s. You will be expected, where possible, to provide a description of the attacker and information on when and where the incident took place.

The prosecutor has the power to order as many investigations as are deemed necessary using the police and all people involved in the care of the victim (doctors, psychologists, etc.). The prosecutor will also demand that statements (‘versiones’) be provided by the victim and the people who were present or those who may know what happened.

If you are outside the country, you can request to give your statement through a video conference.

In addition to the version that you will give before the prosecutor, you must provide a testimony at the trial hearing before the judges. If you think that you will be no longer in the country by then, or unavailable to attend for any other reason, when giving your initial statement to the prosecutor, you may want to ask the judge to take your testimony in advance (‘Testimonio Anticipado’) within the legal proceedings (‘ruta procesal’).

The Anticipated Testimony will be video-recorded (‘Cámara de Gessel’ – recording chamber) to be used for a court proceeding. This system has also been set up to avoid revictimisation. You can give your testimony without making visual contact with the assailant. This will be done as an interview, led by an official psychologist, fully trained for crisis care. The prosecutor and lawyers from both parties will be present behind the chamber glass to prevent any intimidation to the victim (along with the official interpreter and the chamber’s IT operator). They will instruct their questions to the psychologist, through an internal microphone. Due to the expected victim’s emotional distress within this process, the psychologist will facilitate the required breaks (pausing the recording). Children and adolescent victims will be provided with special treatment and with more frequent breaks.

You must have legal representation during the preliminary investigation and throughout the whole legal process: you can either hire a private lawyer, or access your right to a public defender provided by the State (‘Defensor Público’).

If you do not speak Spanish, you should request an interpreter to be present at all times. If you are not satisfied by the interpreter’s skills you can ask for a change (keep in mind this will not be immediate you will be given a new date for the interviews/hearing).

If you have been threatened or your physical, psychological, sexual, or social wellbeing is at risk, the Ecuadorean Law entitles you to request that the prosecutor registers you in the National System for the Protection and Assistance of Victims, Witnesses and Other Participants in Criminal Proceedings (‘Sistema Nacional de Protección y Asistencia a Víctimas, Testigos y Otros Participantes en el Proceso Penal’ - SPAVT). The Public Prosecution Office (‘Fiscalía General’) manages this system.

In sexual assault investigation cases, the Ecuadorean Law states that it may last for up to 12 -24 months, depending on the specific crime.

At the end of the investigation, the prosecutor has two options: to file criminal charges by requesting a judge to hold a hearing to file such charges against the alleged assailant/s; or ask the judge to close the investigation due to insufficient evidence or failure to have discovered the identity of the assailant/s.

Flagrancy

If the perpetrator is apprehended during the assault, or if a police report has been filed and the assailant may be identified and apprehended within 24-48 hours of the attack, the legal process will be fast-tracked via the ‘flagrancia’ system. The flagrancy category hearing (‘audiencia de calificación de flagrancia’) should be held within 24 hours from the arrest, otherwise the case may be voided. The judge on duty will lead this hearing, with the presence of the prosecutor, the interpreter, lawyers and the assailant. You can opt whether to participate or not as your lawyer (public pro bono lawyer) will represent you.

The Prosecution Office (‘Fiscalía General’) has 24/7 nationwide ‘flagrancy units’ (unidad de flagrancias) available to take formal reports.

In Quito, the main “flagrancy unit” (‘Unidad Judicial de Flagrancias Mariscal Sucre Patria’) is located in the northern centre area (Patria and 9 de Octubre Avenues, Eteco II building, opposite El Ejido park) which is jointly managed by the State Prosecution Office and the Judicial Council (‘función judicial’). This office provides 24/7 comprehensive service for victims, including psychological, medical, social work and legal aspects. It has a specific separate attention and waiting area for victims (‘primera acogida’ / ‘sala de víctimas’) at the main entrance and on the 2nd floor respectively. Some of the services are also available for non-flagrant cases and regardless of whether the victim intends to file an official report (‘denuncia’) or not.

Under a flagrancy offence, once pressing charges, the judicial process will be completed within 30 days given that a preliminary investigation is no longer necessary.

The Public Prosecutor will lead on the investigation phase by engaging the police. A judicial case file will be opened. If you want to formalise your report (‘Denuncia’), you will need to provide an advanced testimony (‘Testimonio Anticipado’) before the Judge and Prosecutor, through a video-recorded interview to be used for a court proceeding (‘Etapa de Juicio’). In principle, this testimony has to be taken in the same district jurisdiction where the incident took place, but there may be ways to do it remotely from a different location.

Reporting the incident in Ecuador - what happens next

In non-flagrancy cases, once you have reported the incident to the authorities, and your statement and the required examinations have taken place, the Public Prosecution Office (‘Fiscalía’) will review your case before bringing it to a Criminal Court (‘Unidad Judicial’).

You will be appointed with a pro-bono lawyer/public defendant (‘Defensor Público’) if you decide not to hire a private lawyer. Keep in mind, few public defendants speak English. The British Embassy can provide you with a list of English speaking private lawyers.

The Public Prosecutor may request the judge to call a hearing (‘Audience de Formulación de Cargos’) to establish whether there is sufficient evidence to press charges. If the judge determines that the incident was a criminal offence (‘delito’), a judicial process (‘instrucción fiscal’) will begin and can last up to 90 days. This may be exceptionally extended to 120 days. Following this, the judge will decide whether to call for a trial process or not.

In normal circumstances, a trial process (‘etapa de juicio’) can take between 6 months to 1 year. At this stage, be aware that although you will have provided your official statement (‘Testimonio Anticipado’), you may be requested to attend a court hearing (‘Audiencia de Juzgamiento’).

Please remember, it is not mandatory for you to hire a private lawyer, you can request a pro- bono lawyer instead (‘defensor público’) ‘Defensoría Pública’.

Call 151 or +593(0)2 381 5270. This legal service also provides specialised attention to victims, through their ‘Victims Unit’ team (Unidad de Víctimas).

Be aware that a ‘non-revictimisation’ policy is in place in Ecuador. This means that the Public Prosecutor or other officials should not ask you to repeat your statement or any personal information. However, other expert evaluations (‘pericias procesales’) will need to be carried out (social work and psychological).

Legal Proceedings in Ecuador

‘Ordinary’ Legal proceedings in Ecuador are based on different principles. In these type of cases the most important one is the “non-revictimisation”, which means that the authorities have the obligation (throughout the whole process), to provide special care in order to protect your physical, mental and personal wellbeing in different ways. You should be offered psychological, medical or psychiatric support if needed. This also means that after filing an official complaint, through your statement, you should not give another version. However, in reality not all those involved in these types of cases will respect these principles and obligations. Any act of intimidation or harassment towards you should not be tolerated and should be reported.

The State Prosecutor’s Investigation

After the hearing to press charges (‘Audiencia de Formulación de Cargos’), the Prosecutor’s investigation begins. This is the first stage of the legal process presided over by a judge, and a case number is assigned to your file. At this stage (‘Instrucción Fiscal’), the Prosecutor continues with the investigation, which may last between 90 and 120 days, except in the case of flagrancy, in which the period is 30 days. Due to workload issues, these deadlines are not strictly met.

During this stage, a private accusation against the assailant(s) must be filed through a document signed by you and your lawyer. If you are abroad, you can send a special Power of Attorney to your lawyer so that they can file it on your behalf.

Pre-Trial Stage

Once the Prosecutor’s investigation has concluded, a pre-trial hearing (‘Audiencia Evaluatoria y Preparatoria de Juicio’) is held whereby the Public Prosecutor decides whether to prosecute the assailant/s. This is part of the pre-trial procedural stage.

It is not necessary for you to attend this hearing, but your lawyer will.

If the judge accepts the charges filed by the Prosecutor, the next stage of the process begins.

Trial Stage

This consists of a hearing in which the court, made up of three judges, will issue a sentence. In this hearing (‘Audiencia de Juzgamiento’), all of the evidence gathered during the investigation will be presented, and you will be asked to give your statement. This hearing can last more than one day depending on the complexity of the case. If it is long, it can be suspended and then resumed the next day or scheduled for a new date.

The Victim’s Testimony

The victim must give a testimony during the hearing about the assault and the assailant/s, providing as much information as possible and detailing the date and place of the incident. This is made under oath and can be questioned by the defendant’s lawyer.

Normally, the victim’s testimony is given before the court at the trial hearing; however, Ecuadorean Law establishes that if you suffer from a serious illness, are physically disabled, will be leaving the country, or you otherwise demonstrate that you will not be present at the trial, you can present your testimony in advance (‘Testimonio Anticipado’). This is also set to avoid any type of revictimisation, by not appearing at the trial hearing.

If you wish to ask to give your testimony in advance, you must consider the following:

• you may request it when you provide your version before the Prosecutor.

• if the legal process has already begun, your lawyer must justify the reasons why you are asking to give your testimony in advance (‘Testimonio Anticipado’). This request will be addressed to the Prosecutor leading the investigation (first stage of the legal process), who in turn will direct the request to the judge presiding over the case.

• a justified reason for an anticipated testimony petition, can be supported through original documents or certified copies of your situation, flight booking when wanting to leave the country, or your passport’s exit stamp when you have already departed.

• there is no impediment for you to leave the country, even if your case is not filed. However, through your local lawyer, you should submit a formal request to give your testimony in advance via video conference from any other country.

• the judge makes the final decision on whether or not your testimony can be provided in advance.

• in both cases, you can ask to provide your testimony through a video call.

• the judge will also demand any necessary measures to ensure that you are not harassed or intimidated while giving your testimony or when answering the questions from the assailant’s lawyer. Locally, ideally through the ‘Gessel Chamber’ private testimony video recording, led by an official psychologist, who is capable to provide crisis care to the victim (in which the Prosecutor and lawyers from both parties instruct the questions behind the chamber glass). Given that ‘Gessel Chambers’ are only available in main cities, the anticipated testimony may be arranged via other remote channels, and through the support of a social worker with testimony-taking experience, in the absence of a psychologist.

• if you believe you may need any psychological or social assistance, while giving your testimony, you can request it through your defence lawyer (for locations with no ‘Cámara de Gessel’ facilities).

If you decide to present your testimony at the trial hearing, the following rules are observed:

• you can ask to give your testimony without having visual contact with the assailant/s, in which case the judge can allow you to give your account of the facts by connecting virtually (through video conference means).

• the judge will order any necessary measures to ensure that you are not harassed or intimidated while giving your testimony, or when answering the questions that the assailant’s lawyer may ask you.

• if you need a psychologist, psychiatrist, social worker, or any other type of therapist to assist you while giving your testimony, you can request it through your defence lawyer.

Given that the testimony in advance (‘Testimonio Anticipado’) is incorporated into the trial hearing, your presence at this hearing is not required. Only your lawyer should be present on your behalf.

The medical examination - what to expect

In principle, all public hospitals/health centres in Ecuador treat victims for rape and sexual assault, through their First Care Private Rooms (‘Salas de Primera Acogida’) or through 24/7 Emergency Triage Areas (‘Salas de Primera Atención’), by activating the ‘código púrpura’ (under a ministerial agreement to eradicate violence against women). The staff in these centres are specially trained to provide this assistance, to guarantee your physical, psychological and wellbeing. You may want to ask to see a doctor of your preferred gender to make you feel more comfortable. Check the Ministry of Public Health’s App (MSP ‘Acción en Salud: Violencia Basada en Género’), to find the nearest public healthcare facility in Ecuador with services for victims of gender-based violence.

Foreign visitors can access public healthcare with or without a copy of their passports. Foreign residents will be registered with their local Ecuadorean ID number.

A medical evaluation and retroviral treatment should be accessible to victims (through the ‘kit púrpura’ – purple kit), regardless of whether you want to report the incident to the police or the Public Prosecution Office.

Psychological support is also available for victims. However, this is not accessible 24 hours. If so, the medical team should provide you with an appointment with a psychologist for the next day and from then on for follow up checks.

Various public entities (including the Ministry of Public Health, Prosecution Office and Judicial Council) must adhere to  a violence risk screening policy (‘tamizaje de riesgos de violencia’) when interviewing victims (through a set interview form) to identify victims at risk and the best assistance procedure, aligned to ‘código purpura’.

To collect samples or perform medical or physical examinations, you must first give your consent. At public hospitals or health centres, this process will engage 2 doctors. Remember to ask for a copy of the medical report.

Please note that all public and private health officials are obliged to notify the cases to the Public Prosecution Office (‘Fiscalía’). From our understanding the Fiscalía will process it by contacting the alleged victims to get more general details and to find out if they will be willing to pursue an investigation by submitting an official report of the incident, or to file the case. However, this may not be a straightforward process.

If you decide to approach the Public Prosecution Office (‘Fiscalía) first, to make an official complaint of rape or sexual assault, they will order a comprehensive sexual offence report (‘Informe Forense de Delito Sexual’) through relevant medical examinations (‘pericias médica y psicológica’). This  includes a forensic medical examination and a forensic gynaecological examination, ideally within 72 hours. Also a psychological assessment. Both examinations are an important part of the evidence gathering process and are free of charge. Only official-appointed forensic experts (‘Perito - Médico Legista’) should do these from the Public Prosecution Office (‘Fiscalía). Exemptions apply for child victims.

Alongside, the prosecutor may order retroviral medical treatment (‘kit púrpura’) to be supplied either in the same facilities or through a public hospital/health centre. Due to all the emotional distress involved in this process, do approach the ‘primera acogida’ private area in the Fiscalía to receive all the required guidance and support. You can ask them to facilitate a call with the the British Embassy.

Through your specific consent, the forensic medical examination (‘examen médico legal’) will record external physical injuries, whereas the gynaecological examination (‘examen ginecológico forense’) will take samples of intra-genital injuries and fluids. The relevant reports (‘informe pericial’) will form part of the prosecutor’s investigation.

The British Embassy’s consular team can accompany you to the relevant healthcare facility for a medical check. Likewise, we can help you arrange an appointment with a private doctor to give you advice on the post-exposure prophylaxis (PEP) treatment to prevent sexual transmitted infections including HIV and AIDS, and also about the emergency contraceptive pill (“morning after pill). They have a list of English speaking medical practitioners available.

In addition, you may wish to speak to a private counsellor or psychologist. The British Embassy can also help you with this. With your consent, we can also signpost you to a local support agency to provide you with psychological, social and legal advice free of charge.

Remember if at any point you should want to contact the British Embassy, you can request the staff from hospitals or the Fiscalía to facilitate a call to request our consular assistance.

Treatment

To prevent unwanted pregnancy or sexually transmitted diseases, retroviral kits are available at public health centres offering 24 hours emergency service (‘Sala de Primera Acogida or Sala de Primera Atención’). The emergency contraceptive and a post-exposure prophylaxis (PEP) treatment is accessible to victims, which needs to be taken within 72 hours of the incident for it to be effective (known locally as ‘kit púrpura’). This may stop HIV replicating in the body and so prevent the virus from attacking the immune system. This also includes the emergency contraceptive pill (“morning after pill) to prevent pregnancy.  The retroviral treatment may also be prescribed by a private doctor at a private hospital/clinic, who will provide you with relevant information about its side effects. You will have to cover the relevant costs.

Should you prefer to get full treatment in a local private hospital or clinic, you will have to cover all the costs for the medical attention and tests. If you have travel insurance, these costs may be refunded, by presenting the relevant invoices and medical certificates.

If you have first reported the incident to the Public Prosecutor, before seeking medical treatment, they will issue an official order for you to receive the above retroviral treatment free from a public hospital.

More information on risks is available on the NHS website. The NHS may be able to commence or continue the 28 days treatment on return to the UK

If you have had medication administered in Ecuador, 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 Ecuador - what to expect

The Ecuadorean National Police has a Sexual Assault Investigation Unit (UNCIS – ‘Unidad de Investigación contra la Integridad Sexual’). They can be contacted at uncis2021@gmail.com to report the incident (‘Parte Policial’), to guide you on how to file an official complaint before the State Prosecutor (‘Fiscalía’) or to request protection measures.  If you call 911 emergency services, they can signpost you to an UNCIS police official. UNCIS police have a 24/7 on duty system.

The Police has Community Police Units (UPC - ‘Unidades de Policía Comunitaria’) throughout Ecuador, where victims can approach to report what happened and ask for protection. They will be in a position to take you to a hospital or the Prosecution Office, by liaising with UNCIS (and also with DINAPEN for minors).

As part of their mandate, UPC officials can help arrange protection measures, such as restraining orders (‘Boleta de Auxilio’) with the relevant authorities in cases of violence against women. Depending on the case, UPC can also help you to activate a panic button alarm (‘botón de seguridad’) on your mobile telephone. The police will register your home address.

In cases of sexual assault, the State Prosecutor (‘Fiscalía’) will submit an urgent request to a judge for the protection measures he/she deems necessary.

It is important to note that once the complaint has been filed, the police will inform the state prosecutor, and he/she will direct the investigation with the help of the police. If the judge, at the prosecutor’s request, orders protection measures for the victim, the police will be responsible for implementing them to protect the victim.

The police can take the victim to the scene of the incident, or where the victim thinks the attacker is located to try to identify and arrest the person, but this is only if the victim consents to this. If a suspect is brought to the police station or public prosecutor (‘Fiscal’) as part of the investigation, the victim will be asked to make a visual identification through the standard process led by the Fiscal (ideally through the ‘sSala de Identificación de Sospechosos’, behind a glass partition to avoid having visual contact with the alleged assailant). However, this is only accessible in Quito, Guayaquil and Cuenca cities. If required, as this is not a mandatory process, the Fiscal from a small town may order to transfer the suspect to the nearest main city to undertake this identification process.

If you report the incident within 24-48 hours of it occurring, or if the police catch the perpetrator in the act within this period, the case will qualify as a flagrant offence (‘flagrancia’). The Public Prosecution Office (‘Fiscalía’) has 24/7 ‘flagrance units’ to take formal reports.

Court procedures - what to expect

Ecuadorean judicial procedures can be lengthy and drawn out especially if the assailant is not immediately identified and/or arrested soon after the incident. An investigating judge is principally in charge of leading the investigation into the incident. At the end of the investigation phase when all necessary reports and statements have been completed, the judge in charge of the investigation and the state prosecutor will decide whether there is enough evidence for the case to go to trial. In which case, the case will be passed to a trial court and will be presided over by three judges.

The Ecuadorean authorities will notify you of the trial date via your personal or lawyer’s email. If you are in the UK, and you are not correctly notified, the judge will cancel the trial and schedule a new date only if your presence in the hearing is needed.

In criminal proceedings for sexual crimes, it is important to consider the following:

• although the Ecuadorean Law sets out exact times for all investigation stages and legal procedures, in practice these deadlines are not strictly met. Cases can take years to come to trial, as the Ecuadorean court system is very slow due to workload issues. The length of the trial itself can also vary depending on the complexity. If you have not heard anything from the court for some time, you will have the right to raise your concerns officially over unacceptable delays in a judicial process, or to formally request information from the Ecuadorean authorities through your lawyer or through the British Embassy, depending on the circumstances.

• as of 15 February 2018, crimes of sexual assault nature, involving children and adolescents, are imprescriptible (‘imprescriptibles’), meaning that there is no longer any time limit to make a formal report, nor enforcing sentences on the assailant/s.

• once the judicial process has started it will continue, even if you have left Ecuador, as it is the Public Prosecution Office’s (‘Fiscalía’) obligation to continue with the investigation and legal process until the end. If you decide to stay in Ecuador during the process, the Law states that your temporary or permanent stay in the country will be allowed for humanitarian and personal reasons, in accordance with the conditions of the ‘National System for the Protection and Assistance of Victims, Witnesses and Other Participants in Criminal Proceedings’ (Sistema Nacional de Protección y Asistencia a Víctimas, Testigos y Otros Participantes en el Proceso Penal’ - SPAVT). If you decide to leave the country, you may wish to appoint a local representative (lawyer, relative or any person you trust) to act on your behalf while you are outside Ecuador. To do this, you will have to sign a Power of Attorney (‘Poder Judicial’) before your departure, or to prepare one from the UK, which will need to be legalised (apostilled) and translated into Spanish.

• you have the right to be kept informed of the current status of your case, and about the dates on which the different hearings and proceedings will be held, even when you are back in the UK. In principle, any correspondence will be sent to the email address you provide to the prosecutor/court. The British Embassy can also be copied into any correspondence if you wish.

• if you change your mind about pressing charges, or you are not sure if you want to continue to be involved in a legal process, you must notify your decision to the prosecutor through your lawyer. However, the Prosecution Office (‘Fiscalia’) has the obligation to investigate the case and continue with the legal process, regardless of whether or not the victim is still involved in the process.

• full compensation for the victim (‘restitución de derechos’) must be detailed in the sentence issued by the Court. Your lawyer will guide you on the level of compensation (‘reparación integral’) you should claim for and how to submit it before the trial hearing.

• as a foreign national, you have the right to get an official translator/interpreter (‘Perito Traductor-Intérprete’) for the proceedings and hearings, which will be provided by the state at no cost. If for any reason this is not in place, any court hearing should be delayed until this is arranged. Please note that simultaneous interpretation is not always provided, but you can ask the judge to take breaks so that the official translator can inform you of the course of the hearing.

• your presence is not required for all the hearings and proceedings, except when you need to provide your testimony. As explained above, your testimony can be provided via video-conference and can be even provided in advance.

• the Law establishes several types of appeals, which can be filed against the decisions of the judges and the sentence. This means that the legal process may continue until all appeal resources have been exhausted. Ask your lawyer to explain this to you in more detail.

• except for the hearings to press charges (‘Formulación de Cargos’) and the pre-trial one (‘Audiencia Evaluatoria y Preparatoria de Juicio’), which are held before a single judge, all other hearings are held before courts consisting of 3 judges who are responsible for deciding on the guilt or innocence of the assailant(s).

Evidence procedures

The evidence (‘pruebas’) collected during the preliminary and prosecutor’s investigations will be submitted as evidence for the trial hearing (‘Audiencia de Juzgamiento’). There are three types of evidence: testimonial evidence, documentary evidence and expert witness statements.

The evidence is presented verbally at the hearing before the judges, and the parties can question the experts and witnesses. Witnesses can also give their statements via videoconference. The defendant has the right to give his/her testimony or refuse. The victim must give his/her testimony (at that time or in advance).

Trial procedures

The trial will be conducted in Spanish and you will be provided with an official interpreter (‘Perito Intérprete/Traductor’). Your private or state-appointed lawyer should also accompany you. Please note that there is usually no simultaneous interpretation. You have the right, though, to raise your concerns over a non-satisfactory translation during the hearing, through your lawyer or directly with the Judge.

Consular staff from the British Embassy will normally not be able to attend the trial with you, but due to your vulnerability, they can accompany you purely as observers if it is something you want. Alternatively, you may wish to be accompanied by a friend or family member to the court hearing.

The trial is normally held in front of three judges who have access to all the information beforehand. The length of the trial depends on the complexity of the case but can be as little as a day or a few hours. If the hearing takes too long, the judge can decide to postpone it for another day, but maximum a week. Only the judge can put a new date.

You only have to be present when you give evidence or testify. The hearing cannot be held if the defendant is not present.

You will not be informed of the verdict straight away. More likely, you will be notified in writing later, through your lawyer and to your registered email.

If convicted the assailant has the right to appeal against the length of the sentence, which can take months to be resolved.

Once convicted, the offender may be ordered to pay financial compensation or damages, which will be published in the same sentence document. There will be no right to appeal.

Sentencing

Sexual offences are generally punishable with a prison sentence. The length of the imprisonment will depend on how the crime is classified (sexual abuse, rape, etc.).

Conviction imposes more than a prison sentence on the offender. It also imposes full reparation, including payment for damages. After the final sentence is issued, it must be enforced. If reparation payments are not met, you have the right to pursue an additional proceeding to enforce a sentence order (‘proceso para ejecución de sentencia’). Your lawyer will be able to guide you on the best viable options.

Sentences in Ecuador are governed by the principle of social rehabilitation programmes.

If the alleged perpetrator is found ‘not guilty’, there will be no criminal liability. However, during the investigation, and if the alleged perpetrator is not remanded to prison, certain protection measures (‘medidas de protección’) may be requested by a judge, such as a restraining order (‘Boleta de Auxilio’) to avoid intimidation from the assailant. Any issued protection measure should be formally notified to the perpetrator by the police. Failure to comply with a protection measure will incur in the perpetrator’s arrest.

Hiring a lawyer

Ecuadorean Law requires you to have a defence lawyer throughout the process, starting with the preliminary investigation (‘Indagación Previa’). The role of your lawyer is to represent your interests at each stage throughout the legal process. Additionally, your lawyer must inform you regularly on the status of your case, its different aspects, and subtleties, explain their defence strategy, and present all of the documents and evidence that support your position. Your relationship with your lawyer is privileged, so your lawyer cannot reveal the information that you have given them without your consent.

A lawyer should be able to access the pre-trial information held by the court including the statements provided by the defendant.

Your lawyer will be able to file a specific accusation on your behalf, as long as you have issued them with a special power of attorney, alongside the charges pressed by the prosecutor.

See here list of English speaking private lawyers.

If you cannot hire a private lawyer, you are entitled to a state-appointed lawyer through ‘Defensoría Pública’, which are available throughout Ecuador. They have a Victims Unit available, specialised to assist victims of rape, sexual assault and domestic abuse.

In Quito, the ‘Unidad de Víctimas’ is located at Avenida de Los Shyris and Calle El Universo, Orion Building, ground floor. You do not need to make any appointment, but approach their offices during their working hours: 0800-1200 / 1400-1600. ‘Unidad de Víctimas’ is also available at the Fiscalía Building in Patria and 9 de Octubre Avenues.

Be aware that few of these pro-bono lawyers (‘Defensor Público’) speak English, especially in small towns.

Some NGOs or local government funded organisations provide free legal advice. See contact details below.

If you do not want to report the incident in Ecuador

The British Embassy’s consular team will be able to help you. This includes helping you contact your insurance company, and if you want your family and/or friends. We can provide you with lists of medical facilities, English speaking doctors, lawyers and translators.

If you do not report the incident to the local police/prosecution office you will not have to go through the forensic examinations, but you will still be able to get medical attention and retroviral treatment. A consular officer from the British Embassy in Quito can accompany you to a healthcare facility for this purpose, or if you are outside Quito, we can provide you with further details on the medical facilities in your area. With your consent, we can signpost you to a local NGO or healthcare/tourism authority to provide you with direct guidance and assistance.

If you want to travel back to the UK, we can help you with information on local support available to you in the UK upon your return.

If you are travelling with a tour operator, you can report the incident to them and ask for relevant assistance. Where possible, and if you wish, the tour operator may accompany you to the local hospital. You can give them consent for them to contact the British Embassy consular team.

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

You do not have to report an assault to the Ecuadorean police if you do not want to, but it is usually better to report the crime whilst in Ecuador to make it easier for the Ecuadorean police to start the investigation and for immediate legal action to be taken against the assailant.

It is possible to report the incident to police in the UK. However, it is for the foreign police forces to decide whether to investigate an incident 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 guarantee that any justice can be accessed without reporting the incident locally in Ecuador. 

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

Support organisations in Ecuador

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

CEPAM Quito

A local NGO that assists women in Quito and Rumiñahui districts in Pichincha province. They provide legal, psychological, medical and social advice free of charge.

Very few officials may speak English but they may be able to arrange some interpreting help or you can use an interpreter of your choice.

telephone number: +593 (0)2 2224 994 (Quito) / 02 208 1796 (Rumiñahui)

mobile number: +593 (0)9 8636 2526 / 099 268 5614 (Rumiñahui)  

email: info@cepam.org.ec / cepamuio@gmail.com  

CEPAM Quito  

Twitter  

Instagram

Luis Cordero E6-11 and Reina Victoria streets
Gabriela Mistral Building. Office 102
Quito
Pichincha province 

CEPAM Guayaquil

A local NGO that assists women in Guayas and Santa Elena provinces. They provide legal, psychological, medical and social advice free of charge.

Few officials may speak English but they may be able to arrange some interpreting help or you can use an interpreter of your choice.

24/7 mobile phone number: +593 (0)9 9111 3526
    

Santa Elena province (La Libertad) 24/7 mobile number: +593 (0)9 8809 4956

email: cepam@cepamgye.org

email: mlopez@cepamgye.org

Twitter

Facebook

Francisco Robles and 3er callejón 44a
Guayaquil
Guayas Province

Fundación Casa de Refugio Matilde

A local NGO that supports women at risk in Pichincha province. It provides psychological, legal and social assistance free of charge. 

Few officials may speak English but they may be able to arrange some interpreting help or you can use an interpreter of your choice.

Free Toll: +593 (0)2 2625 316 (24/7) 

mobile phone numbers: +593 (0)9 9669 6723 / (0)9 8779 6688  
 

email: info@fundacionmatilde.org 
  

Fundación Casa de Refugio Matilde

Twitter

Quito northern area
Pichincha province 

Warmi Pichincha

A support centre implemented by Pichincha province authority to provide assistance to victims, in liaison with the Police and ECU911 emergency services.

Helpline: 166 for victims of gender-based violence

Akuanuna Foundation

A local NGO that provides comprehensive assistance and accompanying women survivors of gender-based violence in Quito.

mobile phone number: +593 (0) 96 351 6891

email: atencion@akuanuna.org

Website

Twitter

Facebook

Instagram

Quito
Pichincha province

Casa Maria Amor

A local NGO that assists women in Azuay province (based in Cuenca). They provide legal, psychological and social advice free of charge.

Few officials may speak English but they may be able to arrange some interpreting help or you can use an interpreter of your choice.

Helpline: +593 (0)9 5893 4487 

telephone number: +593 (0)7 2832 817 

email: casamariaamor@gmail.com

Facebook

Instagram

Cuenca town
Azuay province

Colectivo MAGMA

A women´s activist group in the Galapagos Islands. 

email: colectivo.magma.galapagos@gmail.com

Facebook

Gender-based violence support centres (Centros de Atención a Víctimas de Violencia de Género)

A nationwide network of assistance centres and shelters for gender violence victims, which are sponsored by the Ecuadorean Ministry of Women and Human Rights.

• Centros de Atención a Víctimas de Violencia de Género

• Servicios de Protección Integral - SPI – integral protection service offices throughout Ecuador, to provide free psychological, legal and social assistance to victims in vulnerable conditions.

• Glasgow & Clyde Crisis Centre – Survivors Abroad Service - help the UK Government’s Foreign, Commonwealth and Development Office (FCDO) to provide initial support to any UK national who has experienced rape or sexual assault abroad. Their live online support service gives women and girls aged 13 and over access to UK-based support wherever you are.

Free and confidential Survivors Abroad Connect Live phone and messenger service, every day from 11:00 to 14:00 UK time, or Monday to Thursday from 17:30 to 19:30.

Connect Live Helpline: 08088 00 00 14

Watch our information video (in English) on the Ecuadorean general assistance route for gender-based violence victims.

When you return home to the UK

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

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.

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 Ecuador

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

Find other support organisations and useful contacts in the UK.  You may also wish to contact:

The Survivors Trust

The Survivors Trust is a UK-wide national umbrella agency for 130 specialist organisations for support for the impact of rape, sexual violence and childhood sexual abuse throughout the UK and Ireland. Tel: +44(0)808 801 0818.

Lifecentre

Lifecentre is a telephone counselling service for under-18s survivors of sexual abuse and those supporting survivors. Contact them on +44(0)1243 786349.

Mankind

Mankind provides one-to-one counselling, therapeutic groups and couple counselling to male victims of sexual assault (age 18+). Contact them on +44(0)1823 334244

Glasgow & Clyde Rape Crisis

Glasgow & Clyde Rape Crisis support women and girls in the Glasgow and Clyde area who have experienced rape or sexual violence.

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 because 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.