Guidance

Germany: information for victims of rape and sexual assault

Updated 27 July 2022

If you have been sexually assaulted it is important to remember that it was not your fault. Rape and sexual assault is always wrong – no matter who commits it or where it happens. It is traumatic and it can affect you both physically and emotionally. Do not be afraid to get help.

This information is provided to help British nationals overseas make informed decisions about whether and how to:

• seek medical advice and attention
• report to local police
• engage with foreign legal authorities following a rape or other form of sexual assault overseas.

For information on support available in the UK, see our guidance for victims of rape and sexual assault abroad.

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 110 (police) and 112 (local emergency services)
• contact your tour operator if you are travelling with one
• contact your nearest British embassy, high commission or consulate on +49 (0)30 20457-0. 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 Germany

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 nearest British embassy or consulate on +49 (0)30 20457-0 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.

You can take a person of trust or a legal adviser to the interview, if you wish.

Note that you will not automatically be assigned a lawyer, if you wish to have a legal adviser you have to instruct your own lawyer. A list of English-speaking lawyers is on our website.

Tell the police if you think you have been drugged.

Insist you get a document from the police to confirm that you have reported the crime, with a police reference number and the police’s contact details so that you are able to follow up with them later. Request a translation in English, if applicable.

You do not run any risks when reporting a rape or sexual assault if you have been drinking alcohol or taking drugs.

Where possible, a female police officer will attend, however this may not always be possible.

You will be asked to give details of any witnesses to the crime or persons you spoke to after the assault. In most cases you will be asked for the clothes you were wearing, your mobile phone (as it could contain material relevant to the investigation) as well as other items which the perpetrator may have touched.

If you wish to contact the police, consular staff may be able to accompany you. If you prefer, we can ask that you are interviewed by a female police officer if possible. We can also give you a list of local lawyers and interpreters.

You will be asked to show formal identification, such as your passport. The document will be returned to you as soon as the police have established your identity.

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

The British embassy or consulate will be able to help you. This includes helping you to contact your insurance company, your family, making arrangements to travel back to the UK and/or provide 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 one, you can also report the incident to your tour operator and ask them for assistance. If you wish, the tour operator may accompany you to the local hospital. If you wish, and 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. If you don’t report it, your case may not be investigated.

If you do decide not to report the crime to the police, you will still be able to get medical attention. While you are not obliged to report the crime in Germany for it to be investigated, you should be aware that important evidence or witnesses may be lost.

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. In many countries, you need to report the crime before you leave the country, if you want it to be investigated and police to obtain important evidence.

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 Germany: 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 document from the police confirming that you have reported the crime, with a police reference number and the police’s contact details so that you are able to follow up with them later. Request a translation in English, if applicable.

During the interview with the police, you will be asked questions to help them conduct their investigations. This could include making a statement about the incident and giving a description of the perpetrator(s).

Evidence such as the clothes and underwear you were wearing and other items that the offender has touched will be retained. It will help the police to gather evidence and build a criminal case. Electronic equipment such as mobile phones and tablets will also be taken temporarily to secure data that might serve as evidence in the investigations and in a court case. Devices will then be returned to you.

With your consent, the police will take you to a hospital for a medical and forensic examination.

The German police will not normally inform the UK police about the assault, and they will not usually undertake police checks on you as the victim.

The medical examination: what to expect

All hospitals/medical centres provide help and medical treatment to victims of rape and sexual assault.

Hospitals do not automatically report the results of any examination to the police, due to patient confidentiality. Hospitals will only inform the police if you agree to this.

The forensic medical examination to secure possible evidence will be carried out by a qualified medical practitioner. If you prefer to be examined by a female, the hospital will try to arrange this, but it cannot be guaranteed. Swabs will be taken and there will be a gynaecological or urological examination. Tests for sexually-transmitted diseases (STDs) will be carried out as well as a pregnancy test, where appropriate. Photographs will also be taken to document any injuries, for which you will receive emergency treatment.

Ask to be advised about what treatment is recommended in your particular case to prevent sexually-transmitted diseases (STDs), and pregnancy, if applicable.

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.

Treatment

HIV PEP medication (Post-Exposure Prophylaxis to prevent HIV infection after unprotected sexual intercourse) 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 “Notfallverhütung” or “Pille danach” can be purchased at local pharmacies “Apotheken”.

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

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 Germany: what to expect

The police may take you to the scene of the crime or where you believe the perpetrator to be located, in order to try to identify and arrest them.

If a suspect has been arrested and brought to the police station, you will be asked to make an identification.

If the police make an arrest, the suspect must be taken before the court by the end of the following day. At this stage the judge will decide whether to commit the perpetrator to prison pending further investigation, release the perpetrator provisionally with or without bail pending further investigation, or release them without charge.

After the police and the public prosecutor (“Staatsanwaltschaft”) have concluded their investigations, the public prosecutor must decide whether there is enough evidence to take the case to court.

You usually make your statement to the police, only very rarely to the public prosecutor. Your lawyer cannot do this on your behalf. Lawyers generally do not offer pro bono services. Lawyer’s fees may be covered by the state, depending on the offence.

You will not have to stay in Germany while the case is being prepared to go to court. You may leave the country at any time. Ask the police for information on your rights as a victim of crime.

Court procedures: what to expect

If the case goes to trial, you may be required to testify again as a witness. This may be required, if, for instance, the defendant denies the accusations, and if no investigative interrogation (in person or via video) was carried out before. It may be possible for you to testify via video link from the UK. This, however, depends on the court - you can also register your interest in being informed of case developments with the public prosecutor’s office or court. The best thing to do is to tell the police when reporting the crime.

You can find more information in the following leaflet from the German Federal Justice Ministry: [I am a victim of crime. What are my rights?] The most reliable way of ensuring that you receive updates is to appoint a lawyer. A list of English-speaking lawyers is on our website.

If the court refers your case for further investigations, you may be required to make an additional statement.

Once the crime has been reported, it will not be possible to drop the charges. The public prosecutor will decide whether to investigate and take the case to court, even if there is no statement from you. The court will then decide whether the case will be admitted. They may decide to discontinue the case, or they summon you to make a statement. If you do not comply you may be in contempt of court. If you have received summons to make a statement in court and you are concerned about giving evidence in court, we suggest to reach out to one of the victim support organisations in Germany below, who may be able to accompany you to the court.

You may also reach out to the British Embassy or one of our British Consulates General. Or you may wish to consult a lawyer. A list of English-speaking lawyers is on our website.

The perpetrator may press counter charges against you, claiming that you have made false accusations. If the perpetrator is acquitted of the crime or the case is dropped, the public prosecutor may investigate whether false claims were made in the criminal report.

Compensation for injury and losses is not awarded automatically. You will need to make a claim for this. You can either do this in the criminal proceedings, or after the trial in a civil lawsuit. See section below on compensation.

Additional legal information

How long the case will take to trial

Once you have made a police report and have given evidence, it will be for the police and public prosecutor to investigate the crime, to build a case and to take it to court. It will be for the court to decide whether the trial will go ahead, or if further investigations are necessary for this to happen.

Trial procedures

If you want to make sure that you are informed if and when there is going to be a trial, we recommend that you make a written request as soon as possible, for instance when making your police report. You may otherwise only be informed that there is a trial when you are summoned as a witness.

If your testimony is required in court, you will receive a court summons to attend the trial proceedings. The language in the court will be German, however, if you need to testify, an interpreter will be provided for you.

You will only need to return to Germany if you are needed as a court witness. Whether or not you are able to testify from the UK via video link will depend on the court.

Costs for travel to Germany and accommodation will be covered by the court. Normally, you will have to make your own arrangements and advance these costs, but you will be able to reclaim them from the court. It is therefore very important to keep all documents and receipts. If you do not have the funds for travel and/or accommodation, you should contact the court.

The relevant court may offer victim and witness care (“Zeugenbetreuung”), which may include accompanying you to the trial hearing. Please see the list of support organisations in Germany at the bottom of this page. You will usually have to pre-arrange this.

You can receive additional support from victim support organisations in Germany, who may be able to arrange for you to have psychological support during the trial. Please see the list of support organisations in Germany at the bottom of this page.

The length of time it takes for a final sentence to be passed in a rape or sexual assault case depends on a number of factors: if the suspect has been remanded in custody until the trial, the case should go to trial no later than 6 months after arrest. In cases where the suspect has not been remanded in custody awaiting trial, it can take longer for the case to go to trial, often more than a year. After the sentence has been passed, the defendant has the right to at least one appeal.

Hiring a lawyer

A lawyer can represent you fully and assist you in asserting your rights in a rape or sexual assault case. Lawyers who specialise in representing rape and sexual assault victims are mainly found in larger cities. Most lawyers, however, practice Germany-wide. A list of English-speaking lawyers is on our website. A list of translators and interpreters is also available.

Communication

During the police investigations, you will primarily communicate with the police. Later, during the trial, you will also be communicating with other parties to the proceedings. At all stages of the case, you will be able to communicate with your lawyer, if you have appointed one.

If you do not reside in Germany and have appointed a lawyer, the lawyer’s address will be sufficient to receive correspondence. Otherwise the authorities will need your home address in the UK.

You can ask the police, public prosecutor’s office and the court to be updated on case developments. It may also be helpful to appoint a lawyer to aid this communication.

Legal aid

Whether or not you are entitled to legal aid (“Prozesskostenhilfe” in German) to cover your lawyer’s fees will depend on your income, as this will be means tested. While in many cases of rape and sexual assault your lawyer’s fees will be covered by the state, it is important to ask the lawyer during the initial consultation to clarify this. When choosing your lawyer, you should make sure that they are specialised in criminal law. Some support organisations may cover the cost for initial legal advice. See our list of support organisations in Germany below.

Sentencing

In deciding whether sentences are weighted in favour of punishment or rehabilitation, judges have to consider both aspects.

Depending on the case, the sentence for a convicted adult perpetrator can be a fine or imprisonment.

If the perpetrator is found not guilty, they will be acquitted.

Compensation

Compensation for injury and losses is not awarded automatically. You will need to make a claim for this. You can either do this in the criminal proceedings, or after the trial in a civil lawsuit.

You may make a claim under the German Victim Compensation Act (“Opferentschädigungsgesetz”), which is a state-funded compensation scheme to cover physical or psychological injuries suffered as a result of a violent crime. For example, costs for therapy can be covered by this scheme. In the case of serious injury, a pension can also be paid. Please see the following website of the German Federal Ministry of Labour and Social Affairs (BMAS) for more information. [Victim Compensation in Germany “Opferentschädigungsrecht”].

When you return 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.

If you believe you may be at risk of having contracted a sexually transmitted disease (STD), 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.

England

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

Rape and sexual assault referral centres

Scotland

Archway SARC: phone 0141 211 8175

What is Archway

Wales

New Pathways SARC: phone 01685 379 310

New Pathways - Sexual Assault Referral Centre (SARC)

Ynys Saff Sexual Assault Referral Centre - Cardiff and Vale University Health Board

Northern Ireland

Rowan SARC Northern Ireland: phone 0800 389 4424

The Rowan - Sexual Assault Referral Centre

Support organisations in Germany

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

HilfeinBerlin/HelpinBerlin: This is an online portal for victims of crime with advice on first steps if you have become a victim of crime, with links to other support organisations that can help you and with information on compensation, protection, medical assistance, psychological help, legal help and social advice.

Hilfe-Info/Help-Info: This is another online portal for people affected by crime. It advises on where to get help and advice, on knowing your rights, and it hosts a number of resources containing advice, among others, on what victims of bodily injury should do, on investigative proceedings including, court costs, and being kept informed about a criminal case.

WEISSER RING e. V.: Victims helpline 116 006 from Germany, available daily from 7am to 10pm. Nationwide toll-free helpline number. On their website you can find your local WEISSER RING support worker by Postal Code. You are also able to get online consulting. WEISSER RING e.V. is an independent victim support organisation in Germany, committed to helping victims of crime. Among the services they offer are: support and personal counselling, accompanying you to the court, assisting you with paperwork, referring you to other support organisations, issuing vouchers to cover costs for an initial legal consultation, for an initial trauma counselling session or for a forensic examination, assisting you with compensation claims.

The WEISSER RING also has local offices. To find the nearest one to you, visit WEISSER RING e. V.

Opferhilfe Berlin e.V) Oldenburger Str. 38, 10551 Berlin, Tel.: +49 (0)30 3952867, email: info@opferhilfe-berlin.de. This organisation advises and supports crime survivors and their families. It also offers support to crime victims when they are called to testify as witnesses in court proceedings. If you are not located in Berlin, Opferhilfe Berlin e.V. will be able to refer you to a support organisation near you for some of the services which can best be provided locally.

BIG e.V.: Support for women that have experienced domestic violence, Durlacher Str. 11a, 10715 Berlin, Support hotline 0049 (0)30 6110300, available from 8am to 11pm every day.

bff Frauen gegen Gewalt e.V./Women against violence: This is an organisation that provides support to women who suffered violence, including rape and sexual assault. It offers help and counselling. On their website you can look for local support, in your language, near you.

LARA e.V. Fuggerstraße 19, 10777 Berlin, Tel +49 (0)30 216 88 88 (available from 9am to 6pm, email: beratung@lara-berlin.de: This organisation offers advice and accompanies victims to the doctors, hospitals, police and court. It also has a network of experts such as lawyers from whom victims can receive legal advice. It has English-speakers.

Wildwasser e.V. Berlin Arbeitsgemeinschaft gegen sexuellen Missbrauch an Mädchen e.V.: support for girls that have experienced rape and sexual abuse, Tel.: +49 (0)30 282 44 27, available by phone on Mondays, Thursdays and Fridays from 10am until 2pm, Tuesdays between 2pm to 5pm and Wednesdays from 2pm to 4 pm. Address: Petersburger Strasse 31, 10249 Berlin (Friedrichshain). Wildwasser also offers online advice.

Mädchennotdienst Bornemannstraße 12, 13357 Berlin, Tel.:+49 (0)30 21 00 39 90, Fax: 0049 (0)30 21 00 39 91, Email:maedchennotdienst@wildwasser-berlin.de: This is an emergency service for young girls between the ages of 12 to 18, or 21 in exceptional circumstances who need urgent assistance in an emergency or in a conflict or crisis situation.

Hilfe fuer Jungs e.V. (support for boys) Kirchbachstr. 5, 10783 Berlin, Tel.: +49 (0)30 49952047, email gf@hilfefuerjungs.de: Support for boys that have experienced rape and sexual abuse.

Tauwetter e.V.: Provides support to men who suffered sexual violence during their childhood or adolescence. Gneisenaustr. 2a, 10961 Berlin, Telephone +49 (0)30 693 80 07.

Sexual Abuse Helpline: This is a nationwide helpline, offering advice, free of charge and confidential, to under age victims of sexual abuse, supports people who have suffered sexual violence in their childhood or adolescence as well as family members, professionals and anyone who is worried about a child.

MUT - Traumahilfe für Männer (support for men who experienced sexual violence), Leinestraße 49, 12049 Berlin-Neukölln, +49 (0)30 236 33 978.

MANEO Bülowstraße 106, 10783 Berlin, +49 (0) 30-216 33 36 (every day from 5pm to 7pm, outside of these hours leave a message). MANEO provides support to gay people suffering homophobic but also sexual violence.

Hilfetelefon - Gewalt gegen Frauen Telephone from within Germany: 08000116016 (free phone). This is a support hotline for women who experienced violence. Women can receive counselling over the telephone.

Advice for Victims of Violence “Gewaltopferberatung” Opening times Mondays to Wednesdays 8am to 12pm and 1pm to 4pm, Thursdays 8am to 10am and 1pm to 6pm, Fridays 8am to 4pm. Offers advice for women and men who have experienced violence and traumatic events, Gesundheitsamt Düsseldorf, Kölner Strasse 180, 3rd Floor, Room No 305, Tel.: +49 (0)211 8995368. E-Mail: gewaltopferberatung@duesseldorf.de.

Frauenberatungsstelle Düsseldorf e.V. Offers advice and assistance for women who have experienced violence, also sexual violence, and traumatic events, Telstr. 22-24, 40217, Düsseldorf-Friedrichstadt, Tel +49 (0)211 686854, Email: info@frauenberatungsstelle.de: Provides support to victims of rape or sexual assault and offers a crisis hotline.

Polizeipräsidium Düsseldorf, Kriminalkommissariat 12. Offers advice and information on organisations offering support, Jürgensplatz 5-7, 40219 Düsseldorf, Tel +49 (0)211 8770, particularly: Opferschutz der Polizei (Protection of Victims), Tel +49 (0)211 870 6830 or +49 (0)211 870 6832.

Institut für Rechtsmedizin (Institute for Legal Medicine), Düsseldorf University Clinic, Bldg No 14.84 (near the children’s hospital), Moorenstr. 5, 40225 Düsseldorf, Tel 0049 (0)211 810 6000 (here victims of rape or sexual assault and other forms of violence can be examined, have forensic evidence taken and also receive a confidential forensic examination (without the involvement of the police, for securing and storing forensic evidence in case and until the survivor is ready to make an official report to the police).

Imma e.V. Jahnstr. 38, 80469 München, 0049 (0)89 2607531, Email: beratungsstelle@imma.de, IMMA e.V.‘s aim is to help girls and young women to avoid experiencing any form of violence including sexual violence.

AMYNA e.V. Mariahilfplatz 9, 2nd Floor, 81541 München, Telephone +49 (0)89 8905745100, Email: info@amyna.de. This organisation offers advice to adults with responsibility for children and child safeguarding, with an aim to protect children against sexual violence.

Frauennotruf München - Emergency Hotline for Women Saarstr. 5, 80797 München, +49 (0)89 763737, Email: info@frauennotrufmuenchen.de. This organisation supports women who have experienced sexual violence and rape.

List of organisations in Baden-Württemberg offering support for women and girls suffering domestic and sexual violence

List of organisations in Baden-Württemberg offering support for men suffering domestic and sexual violence

Support organisations in the UK

Rape Crisis England and Wales: freephone 0808 802 9999 (12pm to 3:30pm and 7pm to 9:30pm), email: info@rapecrisis.org.uk (for women)

Victim Support (for women)

Victim Support (for men)

Rape Crisis Scotland: freephone 08088 01 03 02 (6pm to 12 midnight), minicom 0141 353 3091, email: support@rapecrisisscotland.org.uk

Nexus Northern Ireland: Belfast office tel: 028 9032 6803, tel: 24 hour (operated by Women’s Aid) 0808 802 1414, email: info@nexusni.org.

Survivors UK: Survivors UK supports and provides resources for men who have experienced any form of sexual violence. Their national webchat service for men and their families, partners and friends is open seven days a week and can be accessed through their website. Whatsapp: 07491 816064, tel: 0203 5983898, email: info@survivorsuk.org.

Samaritans: Samaritans offer a safe place for you to talk any time you like, in your own way, about whatever’s getting to you. They listen to you and help you talk through your concerns, worries and troubles; helping you think more clearly about what your options are. Tel: 116 123, email: jo@samaritans.org.

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 publishing.