Guidance

Georgia: information for victims of rape and sexual assault

Updated 19 August 2024

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 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 international emergency number on 112. The operator is able to take calls in English
• contact your tour operator if you are travelling with one
• contact the British Embassy Tbilisi (+995 (32) 227 47 47). Embassy staff will be empathetic and non-judgmental, and can provide information on reporting the crime and medical facilities. 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 want to report the incident to the police in Georgia

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 contact the British Embassy in Tbilisi on +995 (32) 227 47 47 on your behalf.

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, think about taking those you were wearing to the police. You may wish to preserve evidence by retaining items such as condoms, toothbrushes, or texts.

Tell the police if you think you have been drugged.

Insist you get a police report and request a translation in English if applicable.

There may be a risk of charges against you when reporting the rape or sexual assault to the police, if there is evidence that you have committed one of the following criminal offences under Georgian law:

• committed drug-related offences, such as buying, storing, transporting or using drugs without a prescription
• shown inappropriate sexual behaviour towards a minor (the age of consent in Georgia is 16)
• driven a vehicle under influence of alcohol or drugs.

Georgian law specifies that, where possible, you should be assigned an investigator that is of the same sex as you. In practice an investigator of the same sex may not be available at the time you report the incident. However any visual examination requiring you to remove your clothes must be carried out by a police officer, expert or specialist of the same sex as you.

All official communication with the police, such as formally reporting an incident or giving a statement, is done in Georgian. If you do not speak Georgian you will need an interpreter. If you do not have someone to interpret for you a certified interpreter will be provided by the police. You may need to wait for the interpreter to arrive at the police station. Once the interpreter arrives, ask the police officers to provide detailed information about your rights and to explain the next steps in proceedings.

Before signing a statement, ask the investigator to allow you to review it (with the help of the interpreter), to ensure that your statement is taken accurately.

You may be asked to give:

• forensic evidence (blood tests, DNA samples)
• material evidence (clothing)
• photos of any injuries
• a testimony

All of these steps require your consent and cannot be done against your will, unless the police obtain a court order.

Investigation proceedings are complex. You may decide you want a criminal lawyer to assist you. A lawyer certified to practice criminal law by the Georgian Bar Association has the right to accompany someone at any stage of the investigative process. The lawyer can also object to, and report any omissions or breach of law by the authorities.

You will not be required to surrender your passport or other identification document (ID). However, if a document carries forensic evidence (for example, the fingerprints of the offender) the police may seize it as evidence. If this happens you can request the police return the item quickly to you. Note that there is no strict deadline as to when items seized as evidence should be returned.

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

It is your choice whether to report the incident to the police in Georgia.

If you wish, you can talk about the incident with the British Embassy consular staff. The British embassy will be able to help you. This includes helping you to contact your insurance company, family, making arrangements to travel back to the UK and/or providing you with information on support in the UK after your return. The Embassy can also provide lists of English-speaking medical facilities, lawyers and interpreters/translators.

If you are travelling with a tour operator, you may want to report the incident to them and ask for assistance.

Even if you do not report an incident, in Georgia the police may still initiate an investigation based on reports by witnesses, information published in the media, or anonymous reports to the police. However, without your participation the likelihood of the police collecting sufficient evidence (DNA samples, your testimony etc) to convict an individual is low.

If you do not report an incident, you may still seek medical attention and, if you wish, a forensic examination. Depending on your location a consular staff member of representative of your tour operator may be able to accompany you, if you wish.

If you want to receive medical attention but do not want to report the incident to the police, you should state this clearly and explicitly to the medical facility staff. When signing medical papers make sure you know what you are signing. Bear in mind that even if you do not wish to report it, medical staff in Georgia have a legal obligation to report to the police any incident that leaves signs of physical abuse.

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

The support available to you, and your access to justice may vary according to where you report the incident.

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

The UK police should send the information you provide to the country where the incident 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 incident 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 incident 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.

Reporting the crime in Georgia: what happens next

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.

Your testimony is one of the key pieces of evidence for criminal proceedings. Therefore, you will be required to make a statement regarding the incident, including:

• the time and location of incident
• the events leading up to, during and after the incident
• giving the details on the attacker’s identity, such as their name (if available)
• a description of the attacker

Often a victim’s clothes carry forensic evidence needed to confirm the identity of the attacker, such as their DNA. Therefore, your clothes may be taken by the police and used as evidence in the case. Items will be returned to you when the investigation or prosecution has ended.  

Based on the circumstances of the case and the interval between the incident and your statement, the police may send you to a local hospital or other designated facility for a medical and/or forensic examination.

The medical examination: what to expect

If you require immediate medical assistance or are feeling unwell, your treatment will take priority over evidence gathering.

If you are well enough physically and mentally, the police will appoint the Levan Samkharauli Forensic Bureau to conduct a forensic examination. You have the right to ask the investigator or prosecutor in advance what the examination will include and how the results will be used. You do not have to consent to the examination. Alternatively, you can arrange a forensic examination by an expert of your choosing at your own cost. In Georgia there are few private forensic bureaux that provide such services, however.

If you are female you have the right to be examined by a female forensic examiner. Unfortunately the number of female examiners, especially in the rural parts of Georgia, is not sufficient to ensure that all victims are examined by an expert of the same sex. If a female examiner is not available and you do not want to be examined by a male examiner, you have the right to object to the examination altogether.

Forensic examination may include:

• collecting samples of bodily fluids
• an external and internal examination of the pelvic area
• examination of other affected areas of the body
• taking photos

If you wish, a criminal lawyer can assist you during the forensic examination, to give legal advice, make decisions regarding the process of examination, and challenge any omissions or breaches of law observed in the examination process.

The results of a forensic examination requested by the police are issued to the police as soon as they are ready. You can request a copy if you wish. Results of an examination you commission privately will be provided only to you, for you to share with the police if you wish.

Treatment

In addition to a forensic examination, you may need to receive medical treatment.  

Not all medical facilities in Georgia are able to treat victims of rape and sexual assault. For immediate medical help you should go to a hospital offering emergency services. If you do not know where these are, call the emergency number 112 or Georgia’s information hotline 08 for advice.

If you wish, your lawyer may accompany you to the hospital, access your medical records with your consent, or hold Power of Attorney over your treatment.

HIV PEP medication is available in Georgia however it is not given automatically to victims of rape and it can only be issued by an HIV specialist. Not all hospitals have an HIV specialist so to find a hospital/specialist you (or someone assisting you) should contact the Georgian AIDS and Clinical Immunology Research Centre (+995 322 398 018; aidscenter.ge). As well as Tbilisi (Kazbegi Avenue) the Centre has branches in Batumi (Jemal Katamadze St), Kutaisi (Poti St) and Zugdidi (Onaria St). Information you provide to the Centre is fully anonymous and will not be shared with anyone.

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 can be purchased in Georgia at any pharmacy. It is not necessary to have a prescription.

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

You must pay for any hospital treatment and tests you request. However, if tests and specialist check-ups are ordered by the investigative authorities the cost will be covered by the Georgian government. This is because they are part of the investigation and represent evidence in the case.

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 let your local health provider know when you return home.

Police investigations in Georgia: what to expect

Based on the circumstances of the case, the police may take you to the scene of the incident to identify the criminal. The police may also ask you to name anyone with information relevant to the case in order to take witness statements.

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

The arrest of a suspect is possible either if the police find evidence of the crime on the suspect’s person, or a court agrees a petition for arrest by the public prosecutor.

If an individual is arrested, the prosecutor must issue an indictment within 48 hours. The individual will be released from detention within 72 hours unless the court orders pre-trial detention. If the court does not order pre-trial detention it may instead order other pre-trial measures, such as payment of bail, surrendering of ID, mandatory periodic visits to a police station, etc.

If, after studying the facts of the case, the police bring charges against an individual for committing a criminal offence of a sexual nature, you will be given victim status in the criminal proceedings. The status will be granted by the case prosecutor.

‘Victim status’ allows you to receive details of the charges against the defendant. You will be able to obtain information on all the procedural activities carried out by the police. You will be able to have all property seized during the investigation returned to you. You will also be able to request special protection measures, if there is risk to your life, health or property.

At the investigative stage of the proceedings, you will be required to testify before an investigator or a public prosecutor. In practice, statements are usually made to an investigator. The statement must be given personally and cannot be done through a lawyer.

At the court of first instance you may request that you be interrogated directly by the magistrate judge, provided you can prove that you are leaving Georgia for a prolonged period of time. The advantage of being interrogated by the magistrate judge, rather than other judges of the court, is that you will be interrogated only once. Your interrogation will be recorded and while you are away from Georgia, the recording will be used as evidence.

A criminal lawyer may assist you during the interrogation process. They cannot testify on your behalf, however they can make clarifications, give legal advice and object to any procedural violations or omissions during the interrogation process.

As the victim of a crime, you and your lawyer will have the right to access the full criminal case file and all documents and information included therein.

You will be allowed to leave the country at any stage of the criminal investigation or court proceedings. However, if your presence is  required for certain investigative activities or court hearings you may be asked to return to Georgia.  

In some circumstances a court may permit you to take part in a  hearing remotely, by video-conference.

Court procedures: what to expect

Court procedures cover the pre-trial and trial stages.

The pre-trial stage focuses on preparation of the case for the trial stage, such as the submission of evidence, examining other motions by the parties, any pre-trial measures against the defendant and other activities.

The trial stage involves the substantial examination of evidence. The trial stage opens with opening statements by the prosecution and defence, the examination of evidence, including interrogation of witnesses, the publication of evidence and lastly, the closing arguments and rebuttals of the parties. Subsequently, the court renders its judgment whether to acquit the defendant or convict them.

During the pre-trial stage, your appearance before the court will likely not be necessary. However, you may be asked to assist the investigative authorities in obtaining evidence or to give additional testimony.

Investigative authorities are by law required to inform you, as the victim of the crime, about the criminal proceedings, proactively or at your request. However, criminal proceedings can be a complicated and lengthy process, especially in cases involving different jurisdictions. Involvement of a lawyer simplifies the proceedings and allows you to exercise your rights effectively. It ensures that your rights as a victim are represented properly and there is no undue process, which may prevent the exercise of justice.

Georgian legislation does not allow any person, except for the accused, to retract a statement to the police. A person reporting an incident or a victim may address the investigative authorities with an application stating that there was no criminal offence and asking for their statement to be disregarded. However, the investigative authorities are under no obligation to terminate an investigation following such an application. The right to assess and establish factual circumstances, as well as to terminate criminal proceedings, is at the sole discretion of a case prosecutor. The prosecutor may terminate a case on several grounds, including if the investigation finds that no criminal offence was committed or that there was no criminal intent behind the action.

It is legal in Georgia for a defendant to press counter charges against a victim, claiming false accusations.

Additional legal information

Taking case to trial

A decision to move a case to the trial stage, or to terminate the case, rests fully with the investigative authorities and the court. A case will proceed to trial stage if a judge assesses that there is a high degree of probability that the defendant committed the crime. In practice, cases in Georgia usually proceed to trial stage and are rarely dismissed.

If you wish to communicate with the investigative authorities you may do so from UK in writing.  All statements or requests must be made in Georgian. You may want to engage a lawyer to  ensure faster communication.

Trial procedures

As a victim of the crime, you may be summoned by letter or by  telephone call from prosecution authorities, to appear before the court. The summons may also be served to your lawyer. Trials are conducted in Georgian but if you do not speak Georgian, the court will provide an interpreter. You may also hire an interpreter privately.

You are not required to attend a hearing unless specifically summoned by the court or the investigative authority. If you are called to give a testimony, you must appear in person before the court. Otherwise you may face a criminal liability in the form of a fine or community service.

A testimony is given in the presence of all parties to the court proceedings, including the judge and the defendant. If you are unable to travel to Georgia or wish to avoid facing the defendant, you may ask the court to be questioned remotely. The court may or may not approve this request.

Court hearings in Georgia are public, however the prosecution or the defence may ask the court to close proceedings partially or fully, especially if the offence is of a sexual nature.

You have the right to claim expenses of travel and accommodation incurred for the purposes of the criminal investigation or court proceedings. The prosecution may also provide you with a victim coordinator whose purpose is to ensure protection of victim’s rights and provide emotional support.

Normally, court cases related to sex crimes are assigned priority. Based on the circumstances of the case, the pre-trial stage may last up to 1 year. It may take an additional 6 months for a final sentence to be passed. The defendant has the right to appeal, first to the court of appeal and subsequently to the court of Cassation (Georgia’s Supreme Court equivalent).

Hiring a lawyer

A privately-hired lawyer can represent your rights throughout the criminal proceedings, which includes the investigation stage, the trial stage and the appeals stage(s). Lawyers can also be present during investigation activities, such as the forensic examination, collection of evidence, etc. A privately-hired lawyer can also assist you in collecting evidence as well as preparation of the case for civil proceedings. Furthermore, a lawyer can communicate on your behalf with law-enforcement authorities, the court and other local institutions or third parties, even when you are not present in Georgia.

List of English-speaking lawyers for British nationals in Georgia.

List of English-speaking translators and interpreters in Georgia.

Communication

Investigative authorities as well as the court must communicate with you, as the victim, at all stages of the proceedings, where notification to or presence of the victim is necessary or required by law. Usually, communication with the victim occurs in person at their residential address, by phone or via their lawyer.

If you do not reside in Georgia, the prosecution authorities will contact you by phone or by writing to our registered foreign address, if this information is available to them. In some limited circumstances the Georgian police may ask the police in the country in which you are living to help them make contact with you.  Alternatively, the police may contact your lawyer in Georgia if they have the lawyer’s contact information.

If you don’t appoint a lawyer, you have the right to personally request information from the investigative authorities or the court at any stage of the proceedings.

Legal aid

Victims of sexual abuse, as well as victims of domestic abuse are entitled to free legal aid.

Legal aid covers assistance in drafting legal documents such as  applications to the court, assistance in obtaining any protective order against the assailant, as well as assistance in civil cases for compensation of damages. Legal aid for the purpose of obtaining a restrictive order is possible only to victims who are below the poverty line according to the National Social Security Database.

Legal aid is provided by Legal Aid Service.

Sentencing

Under Georgian law, the purpose of a sentence is:

• to ensure justice is served
• prevent crime
• rehabilitate the offender

These purposes must be respected equally by the judge. Judges can rule a conviction, an acquittal or a partial acquittal/conviction.

Rape is classified as a ‘crime against sexual freedom’.

If a defendant is found not guilty by the court of first instance, the prosecution has the right to appeal the decision before the court of appeals and subsequently the court of Cassation. If both courts find the defendant innocent, the person is  acquitted of all charges. Furthermore, they may request compensation of damages due to wrongful conviction/detention, etc. This compensation may be sought from the state and in certain cases, the victim (e.g. damages for tarnishing reputation).

Compensation

If you wish, you can claim compensation of damages from the offender through a civil action after the final criminal verdict has issued. The judge will calculate the value of material damage based on evidence you provide. Any moral damage is at the judge’s discretion.   

There is no state-funded compensation scheme to cover physical or psychological injuries suffered as a result of a violent crime.

When you return home to the UK

You may want to let your GP or a Sexual Assault Referral Centre (SARC) know what has happened to you so that you can talk about the experience and seek further support and advice where you live.

England	NHS Choices website, or search the internet for ‘NHS SARC’
Scotland	Archway SAR, phone: 0141 211 8175
Wales	New Pathways SARC, phone: 01685 379 310. Ynys Saff Sexual Assault Referral Centre - Cardiff and Vale University Health Board
Northern Ireland	Rowan SARC, Northern Ireland, phone: 0800 389 4424

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.