Guidance

Georgia: information for victims of rape and sexual assault

Updated 17 November 2022

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
• 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 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 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 inform the British embassy on +995 (32) 227 47 47 and they can offer you consular support.

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

Washing yourself or your clothes may make it difficult for the police to obtain forensic evidence. If you change your clothes, 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.

Drinking, extramarital sex or homosexuality are not illegal in Georgia. However, you may be at risk when reporting the rape or sexual assault to the police if you have:

• 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.

These are defined as offences by the Criminal Code of Georgia or the Code of Administrative Offences of Georgia.

At the time you report the crime, there may not be both male and female officers available. However, Georgian law specifies that, if possible, you should be assigned an investigator that is of the same sex as you. However, any visual examination which would require you to remove any 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 reporting a crime or giving a statement will be done in Georgian. You may need an interpreter if you do not speak Georgian. A certified interpreter will be provided by the police. Interpreters are normally not available at every police station and therefore, you may have to wait for their arrival. 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 the statement, ask the investigator to allow you to review and make necessary changes, 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 without a relevant court order.

Investigation proceedings are complex, you may decide you want a criminal attorney to assist you in the process. A criminal attorney (a lawyer certified to practice criminal law by the Georgian Bar Association) has the right to accompany any person before investigation authorities, including during their presence at the police station. While at the police station, the attorney may attend the process of giving a testimony, obtaining forensic evidence and can object to and report omissions or breach of law by the authorities.

You will not be required to surrender your passport or any other identification document (ID). If such documents carry forensic evidence (fingerprints of the offender) they may be seized by the police as evidence. If this were the case, you can request the police to return these quickly to you. Note that there is no strict deadline as to when items seized as evidence may be returned.

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

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 local support in the UK.

They can provide you with lists of English-speaking medical facilities, lawyers and translators.

If you are travelling with a tour operator, you may also report the incident to them and ask for assistance. If you wish, the tour operator may accompany you to the local hospital. Depending on location and timing, a member of consular staff may be able to accompany you.

It is your choice on whether to report the crime. You do not have to be in Georgia to report a crime. You can report an offence in writing by submitting a written report to the police.

If you do not report a crime, the investigative authorities may still initiate an investigation based on the reports of bystanders, information published in the media, or anonymous reports to the police.

Keep in mind, that without your participation, the likelihood of the police collecting sufficient evidence to convict an individual, such as obtaining DNA samples, proof of physical assault, or your testimony, is low.

If you do not report a crime, you may still seek medical attention and forensic examination at your own cost.

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 crime.

If you are staying in the country where the crime took place, you should report the crime in that country. If you are a British national and you need help to report the crime, you can contact the nearest British embassy, high commission or consulate, or the Foreign, Commonwealth & Development Office in London.

If you do not report the crime 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 crime happened. However, it is for foreign police forces to decide whether to investigate a crime in their jurisdiction and they may not take action.

You can report the crime to the UK police even if you are not seeking an investigation abroad. The UK police can offer you access to victim support in the UK. They may still send some details of the crime to police in the country where it happened. This might be necessary in order to protect vulnerable people, or to stop more crimes being committed.

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.

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 and social media messages.

Tell the police if you think you have been drugged.

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

Your testimony is one of the key pieces of evidence within the 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 victim’s clothes carry forensic evidence necessary for identification of the criminals, such as their DNA. Therefore, your clothes may be taken by the police and used as evidence in the case. The police will keep such items for the purposes of investigation. Items will be returned to you only after the decision of the court or law enforcement authorities.

Based on the circumstances of the case and the interval between the offence and the police visit, the police may send you to a local hospital or a specifically designated institution for a medical/forensic examination.

The medical examination: what to expect

Examination may involve a forensic examination for the purposes of collecting necessary evidence or providing medical assistance. If you are feeling unwell and require immediate medical assistance, priority must be given to medical assistance and treatment.

If your physical and mental state allow for a forensic examination, the police will appoint LEPL Levan Samkharauli Forensic Bureau to conduct the examination. You have the right to ask the investigator or a prosecutor, what the purpose and scope of the examination is. You may consent or reject the examination. You may also seek an alternative forensic examination by a private expert at your own cost, however there are only a few private forensic bureaux that provide such services.

You have the right to be examined by a female forensic examiner. Unfortunately, in practice this may not happen in every case, since the number of female examiners, especially in the rural parts of Georgia, are not sufficient to ensure that all victims are examined by an expert of the same sex. In this case, 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

A criminal attorney can assist you during the forensic examination, give legal advice, make decisions regarding the process of examination, and make objections to the omissions or breaches of law observed in the examination process.

The results of a forensic examination requested by the police will be given to the police immediately after preparation. You can also request a copy of the results. The results of a privately conducted forensic examination will be provided to you and you may share them with the police if you wish to.

Your tour operator may accompany you to the venue for forensic examination, but they will not be allowed to attend the examination itself or participate in the process.

Treatment

In addition to a forensic examination, you may undergo medical treatment at a medical facility. Based on their specialisation, some hospitals and medical centres may not be in a position to treat victims of rape and sexual assault. To receive immediate help, hospitals must offer emergency services. Information on such hospitals may be obtained from emergency number 112, insurance service providers where applicable, or the information hot-line in Georgia available at “08”.

Your attorney may accompany you to the hospital, access your medical records with your consent, and provide informed consent to the treatment based on a Power of Attorney specifically authorising them to do so.

Hospital medical staff in Georgia can give advice on HIV PEP medication. The PEP treatment is not mandatory, and the course of action will be determined based on the available information on your and the assailant’s health, however consulting an HIV specialist will be necessary. The HIV specialist may prescribe relevant medication and PEP treatment. Note that not all hospitals may have an HIV specialist available. For comprehensive information related to HIV PEP treatment, you can contact Georgian AIDS and Clinical Immunology Research Center at +995 322 398 018.

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 at pharmacies located inside the hospitals or operating independently. They may be purchased only with a prescription and are not free.

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

You must pay for the hospital treatment and tests. However, if tests and specialist check-ups have been ordered by the investigative authorities the cost will be covered by the state of Georgia. 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 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 crime, or the location of the attack, to identify the criminal. The police may also ask you to identify any person that may have 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.

An arrest of a suspect is possible:

• based on a court order following the motion of the public prosecutor on the arrest of the individual
• other exceptional circumstances, such as catching the suspect while committing an offence, finding the evidence of the crime on the criminal’s body, etc

Following the arrest of an individual, the prosecutor must issue an indictment against the detainee within 48 hours of the arrest. The detainee will be released from detention within 72 hours unless the court issues an order on his/her pre-trial detention. The court may refuse to order pre-trial detention of an individual and may instead order other pre-trial measures, such as payment of bail, surrendering of ID, mandatory periodical 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 a case prosecutor.

‘Victim status’ ‘allows you to get detail of the indictment of the defendant - what they have been charged with. It means you can obtain information on all procedural activities carried out by the police. You’ll also be able to have all property that was seized during the investigation returned to you. You can also request special protection measures to be implemented, 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 investigators. The statement must be given personally and cannot be done with the help of a lawyer.

If you are leaving Georgia for a prolonged period, you may ask prosecution authorities to be interrogated before the magistrate court (the court of first instance).

A criminal attorney may assist you during the interview process. They cannot testify on your behalf, however they can make clarifications, give legal advice and make objections to procedural violations or omissions during the interrogation process, if necessary.

As the victim of a crime, you and your attorney will have the right to access the full criminal case file and all documents and information included therein. Normally, attorney services are not free but based on your agreement with the attorney the services may be provided pro-bono.

You will be allowed to leave the country at any stage of the proceedings. However, your presence may be required in certain investigation activities or during the court hearing. Therefore, you may be requested to return to Georgia in such cases.

Upon the motion of a party, the court may decide that you may participate in the hearing remotely, using means of electronic communication.

Court procedures: what to expect

Court procedures include the pre-trial and trial stages.

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

The trial stage involves the substantial examination of evidence. The trial stage opens with the opening statements of the parties, examination of evidence, including interrogation of witnesses, 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. You may be required to assist the investigative authorities in obtaining evidence or 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 an attorney 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 recall their statement. The person reporting the crime or a victim may address the investigative authorities with an application stating that there was indeed no criminal offence and ask for their statement to be disregarded. However, the investigation authorities are under no obligation to terminate the investigation following such an application. The right to assess and establish factual circumstances, as well as terminate criminal proceedings is at the sole discretion of a case prosecutor. The prosecutor may terminate the case based on several grounds, among them if the investigation finds that there was no criminal offence committed or there was no criminal intent behind the action.

The alleged assailant can press counter charges claiming false accusations by the victim.

You may claim compensation of damages by the assailant only through a civil action following a final criminal verdict against the offender. Civil proceedings on compensation of damages as a result of a crime follow simplified and expedited procedures. If the judgment does not indicate an amount for damages, the victim may submit a calculation of damages within the scope of the civil proceedings. Once the claim is accepted by the court, it has one month to examine the claim. In practice the deadlines are rarely observed by the court.

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

Additional legal information

Taking case to trial

You do not need to file anything for the case to be taken to trial. Termination of a case, as well as moving a case to the trial stage fully depends on the investigative authorities and the court. A case will proceed to the trial stage only if there is a high degree of probability that the defendant committed the crime. The probability will be assessed by the judge based on submitted evidence. In practice, cases usually proceed to the trial stage and are rarely dismissed.

If you wish to communicate with the investigative authorities you may do so from UK, via a written application. All statements or requests must be made in Georgian. To ensure faster communication, this might occur with the assistance of a lawyer.

Trial procedures

The trial stage involves the substantial examination of evidence. The trial stage opens with the opening statements of the parties, examination of evidence, including interrogation of witnesses, 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.

As a victim of the crime, you may be notified regarding the trial via summons (a letter summoning you to attend a trial or a phone call from prosecution authorities) to appear before the court. The summons may also be served to your attorney. The 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 for a testimony, you must appear and testify before the court. Otherwise you may face criminal liability in the form of a fine or community services.

The testimony is given in the presence of all parties of the proceedings, including the judge and the alleged perpetrator. If you are unable to travel to Georgia or wish to avoid facing the assailant, 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 parties may ask the court to close the proceedings partially or fully, especially if the offence concerns a crime 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, cases concerning crimes of sexual nature are assigned as priority cases. Based on the circumstances of the case, the pre-trial stage may last up to 1 year. It may take up to additional 6 months for a final sentence to be passed. The defendant has the right to appeal the case to the court of appeals and later to the court of Cassation (Georgia’s Supreme Court equivalent), in total two instances for appeal.

Hiring a lawyer

A privately-hired law firm can represent your rights within the scope of the criminal proceedings, which includes the investigation stage, the trial stage and the appeals stage(s). Attorneys can also be present during investigation activities, such as when giving a testimony, search and seizure of evidence, forensic examination, collection of evidence, etc. The 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 persons, even if the victim is 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 the 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 still attempt to contact you by phone or at your registered foreign address if this information is available to them. The Georgian police may also involve law-enforcement authorities of the state where you are located. Alternatively, the police may contact your local lawyer if they have their contact information.

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

Legal aid

Georgian legislation does not envisage providing legal aid to all victims of sexual abuse. Only female victims of sexual abuse, as well as victims of domestic abuse are entitled to legal aid.

Legal aid covers assistance in drafting legal documents, such as motions, applications, court, submissions, assistance in obtaining a protective order against the assailant, as well as assistance in civil cases for compensation of damages to the victim. Legal aid for the purposes 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 will be provided by LEPL Legal Aid Service.

Sentencing

By 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.

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

Judges can rule a conviction, an acquittal or a partial acquittal/conviction.

After a person 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 the court of Cassation. If both courts find the accused innocent, the person will be acquitted of all crimes. Furthermore, they may request compensation of damages due to wrongful conviction/detention, etc. The compensation may be sought from the state and in certain cases, the victim (e.g. damages for tarnishing reputation).

Compensation

You can claim compensation of damages from the offender, however only through civil action. Such action may be pursued after the final and enforceable criminal verdict confirming the guilt of the offender. These civil proceedings follow an expedited and simplified procedure and by law, must be examined within 1 month from acceptance for consideration by the court. In practice the courts may not observe this deadline.

There is no state funded compensation scheme to cover physical or psychological injuries suffered because 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.

Support organisations in Georgia

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

Sapari

Gakhokidze str. 11a Tbilisi

Tel: +995 (32) 230 76 03 or +995 599 40 76 03

Opening hours: Monday to Friday, 10am to 6pm

This service is provided in Georgian but some of the lawyers speak English. If English speaking lawyers are not available, Sapari can provide a certified translator or you may arrange for an interpreter.

They support victims of any kind of violence, including sexual violence. They also provide shelter, legal aid, and medical and psychosocial support.

Disclaimer

This information has been prepared by HMG officials who are not legally or medically trained. It should therefore never be used as a substitute for professional medical or legal advice. It is intended to help British nationals overseas make their own informed decisions. Neither HMG nor any official of the Consulate accept liability for any loss or damage which you might suffer as a result of relying on the information supplied.

Medical information has been provided by The Havens Sexual Assault Referral Centres of Kings College Hospital NHS Foundation Trust and was accurate at the time of production (02/02/2022).