Guidance

Information for victims of rape and sexual assault in Mongolia

Published 25 April 2023

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.

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 safe. You can:

• contact the international emergency number on 102 for police and 103 for an ambulance
• contact your tour operator if you are travelling with one
• contact British Embassy Ulaanbaatar on +976 11 458133. 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 Mongolia

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 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 Ulaanbaatar or consulate on +976 11 458133 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, take 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.

At the police station

Tell the police if you think you have been drugged.

Insist you get a police report. You should request a translation in English, if applicable, but the authorities may not be able to provide you with one. If you have engaged a lawyer they may be able to arrange a notarised translation for you or provide an informal translation.

You will need to make a detailed statement, including description of the attacker(s).

You do not run any risks of reporting a rape and/or sexual assault to local police.

Extramarital sex, homosexuality and use of alcohol are not considered criminal offences in Mongolia.

Drug taking (including the use, possession and sale of marijuana) is a crime. You may face penalty/deportation and harsher sentence if you test positive for illegal drug taking.

If you would like to speak to a female officer, you may request one. However, the Police operate a 24-hour roster so if a female officer is not on duty at the time, then you would have to wait for one.

Mongolian law requires criminal case investigations to be conducted in Mongolian and you have the right to an interpreter. It is rare to have English-speaking officers in provinces and district police stations so you may have to wait for an interpreter. The interpreter has to be present during your statement because you have a right to provide your statement in a language you are fluent in.

You will be asked to provide the clothes you were wearing when the crime occurred (especially undergarments). You will be asked to bring belongings without losing or destroying evidence and to avoid taking shower before visiting. This is important to keep the biological and other evidence that would prove crime. If the circumstances allow and you feel able to do so, you might consider writing down what happened and taking it with you to the police station. You can also keep a copy for your own records.

Should you wish to report the incident to the police, you may be asked to provide information about your identity and details of the incident, including:

• if there was sexual intercourse (if yes, was it forceful)
• if you have sustained injuries
• description of the crime scene (time of incident, location, if known, vehicles, etc)
• description of the attacker
• if there were any witnesses

You may be asked to produce any evidence that you have such as:

• video or voice recordings
• photographs
• communication
• clothes

If you choose to report the incident to the police, consular staff may be able to accompany you where timing and location allow. If you prefer to be interviewed by a female police officer we can request that from the local authorities. We can also provide details of local lawyers and interpreters. However, only you can decide if you want to take legal action: we cannot make this decision for you. Whatever you choose, we will support you.

You will not be asked to surrender your passport while the investigation is carried out, but the police will need to check it and make copies.

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

The British Embassy or Consulate will be able to help you in other ways. This includes helping you:

• to contact your insurance company and your family
• with making arrangements to travel back to the UK
• providing you with information on local support in the UK
• providing you with lists of English-speaking medical facilities, lawyers and translators

If you are travelling with a tour operator, you can report the incident to them and ask 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. We cannot report for you, but we will support you whatever you decide to do.

You will still be able to get medical attention, including tests, treatment and prophylaxis. The hospital will not report the matter to the police without your consent.

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 British embassy Ulaanbaatar 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.

The medical examination: what to expect

Where to go

You will first be taken by the police to a court forensic lab for an examination.

Most Mongolian Accident and Emergency departments can treat victims of rape and sexual assault after a forensic examination has been completed. In some provinces, where they have smaller hospitals that are not able to offer treatment, they refer cases to the nearest major hospitals.

Hospitals will require your consent to report the results of any examination to the police.

Examination

In court forensic labs, medical examinations are carried out by doctors and nurses.

Doctors and nurses will carry out the examination for external and internal injuries and biological evidence. Swabs will be taken for DNA and STDs. Photos will be taken for external injuries.

The same medical examinations are conducted for male and female victims.

Male and female medical staff will be present. If a medical officer of your chosen gender is not available, you have a right to wait.

Consular staff will be able to assist you in dealing with the hospital if you wish, and where timing and location allow, consular staff may be able to accompany you and provide ad hoc translation but they cannot translate medical reports for you. If you are part of an organised tour, your tour guide or tour operator may also be able to assist you if you wish.

Treatment

Hospital/medical staff can provide advice on HIV Post-Exposure Prophylaxis (PEP), which is a treatment that can prevent HIV infection. However, this medication needs to be medically prescribed. It is available only in the National Communicable Disease Centre and some free clinics for LGBTQ+ community.

HIV PEP medication needs to be taken within 72 hours of the incident for it to be effective.

The treatment needs to continue for 28 days. If you are going back to the UK, the NHS may be able to commence or continue the 28-day treatment on your return.

You can obtain emergency contraception from local pharmacies without prescription or medical referral. It is not free, and costs around £2 to £3.

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

Court forensic tests are free of charge. However, other additional hospital treatments and tests will be charged to you. You may pay either through your insurance company or directly by cash or cards.

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 Mongolia: what to expect

Identifying and finding a suspect follows Mongolian law. If you wish, a suspect can be identified and found without letting you know. Also, a suspect may be identified in secret with the prosecutor’s permission.

If there are legal grounds to arrest a suspect, detectives send an arrest request to the prosecutor. The prosecutor sends the request to court if they find sufficient legal grounds. The court decides in 24 hours whether to arrest the suspect. This is called ‘’arresting by court order’’ and such arrest and detention by court order cannot last more than 48 hours.

Before making decision on the case, a preliminary hearing will take place. A preliminary hearing is a mandatory court procedure which happens by request, or a complaint made by the parties involved or at the initiation of a judge. A preliminary hearing does not take place if prosecutor and lawyers don’t request it, if a judge deems there is no need for it or the parties believe there is no dispute over the crime.

Within 14 days of transferring a case to court, the court convenes and parties are notified three days prior to a hearing. If a defendant is found guilty during the primary process, they are charged according to the criminal law and if found not guilty, acquitted of the crime.

Depending on the complexity of the crime, the process from start to finish will take from a month to two years.

You are permitted to leave Mongolia once a case has been filed, but must appoint a lawyer for the case.

Lawyers

You may wish to hire a lawyer. They will be able to assist you with the police and later represent you for any damages sought. Lawyers tend to charge for services before the case goes to court. There are some pro bono lawyers who provide legal advice but might be difficult for you to secure on as a foreign national. There is no legal aid in Mongolia.

See list of some English-speaking lawyers and interpreters.

Court procedures: what to expect

If your case is ordered to trial, you will not be expected to testify in court. Your lawyer can represent you. Should you wish to attend the trial, you may do so and can testify via Skype.

Your rights and responsibilities under Mongolian law will always be respected. Once an investigation has concluded, you – and all other parties - will be notified and introduced to the case files before a case is transferred to the prosecutor. You may also make further enquiries from the prosecutor, court or detective.

If the case is referred for further investigation by the prosecutor or the court returns the case to the prosecutor, you may have to provide an additional statement. This can be provided online.

It is not possible to drop charges or close a case once you have filed a report. If there is enough evidence that a crime has been committed, the case is transferred to the court. However, while building the case, if it becomes clear that a crime has not been committed, or due process not followed, a police detective can suggest to the prosecutor to close the case. If the prosecutor deems the detective’s proposal to have merit, then the case will be closed.

If there has been a violation, the case will be transferred to relevant authorities. A prosecutor may close a case when it is apparent that no crime has been committed, if a previous court and prosecutor’s decision is still valid on the case, if a defendant or victim passes away, if a defendant is charged after the statute of limitation has passed or if a defendant is under 18 years of age even if they are found guilty.

If the case is closed and charge is dropped, you will not be held responsible or charged.

During an investigation, a defendant or their lawyer can make complaints or press counter charges claiming false accusations. If they press counter charges you may not be allowed to leave Mongolia. If you leave the country before charges are pressed against you, you will not be ordered to return. However, if there is evidence against you, the court of Mongolia can request your return.

Compensation

A court can order an offender to pay compensation for any injuries or losses, either after they have been convicted in a criminal court or as a result of civil action. Court conviction decisions include:

• sentensing an offender and/or ordering payment of compensation, with the period and amount of compensation being determined by the court. Sentences can vary from a suspended sentence, a fine, to imprisonment depending on the severity of the crime
• basis of full, partial or no compensation

The defendant can appeal the final verdict within 28 days after court’s decision is made.

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.

Region	Contact details
England	NHS Choices website, or search the internet for ‘NHS SARC’
Scotland	Archway SARC: 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.

Disclaimer

This information has been prepared by UK government 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 UK government nor any official of the Consulate accept liability for any loss or damage which you might suffer as a result of relying on the information supplied.

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).