Guidance

Kazakhstan: information for victims of rape and sexual assault

Updated 27 October 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 emergency/rescue number 112, public ambulance on 103 or police on 102 (if you do not speak Russian or Kazakh you will need somebody’s assistance to make a call)
• contact the 24/7 confidential helpline 150 or WhatsApp +77081060810 to speak to a trained adviser, who can offer general support, advice on next steps, legal and psychological assistance (if you do not speak Russian or Kazakh you will need somebody’s assistance to make a call)
• contact the helpline aimed at underage victims of domestic or sexual violence on 111 (if you do not speak Russian or Kazakh you will need somebody’s assistance to make a call)
• contact your tour operator if you are travelling with one
• contact the British Embassy Astana. Our telephone number is +7 7172 556200. Embassy staff will be patient, sensitive and non-judgmental, and can provide information on local police and medical procedures. Anything you tell them will be treated in the strictest confidence. They can contact your family or friends for you if you wish

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

You do not have to report the rape or sexual assault to the police, however if you would like it to be investigated, you will need to report it to the nearest police station crime by calling 102, and you can request the police to come and take measures against the offender if required. The duty police officer must accept reports of crime 24/7 regardless of where the crime took place and when.

Anonymous reports over the phone will be registered too, but cannot be used to initiate a criminal investigation.

The ambulance or hospitals will notify the police in most rape or sexual assault cases, but you will be able to decide on whether you want to officially report the crime or not.

Reporting crimes to the police in Kazakhstan can be a complex and time consuming process, you should be prepared to spend several hours in the police station. Local officers may not have specific training in supporting victims of sexual assault. Some police officers may be judgemental, and victim blaming is not rare.

You may find the process of reporting the assault difficult at times, and quite different from what you would expect of UK police procedures.

Rape and sexual assault are both criminal offences in Kazakhstan, but conviction rates remain low, and judicial proceedings are likely to be protracted. Victims may be asked to testify in front of third parties.

Extramarital sex or homosexuality is not a crime, but may be perceived negatively. A victim can be criticised if drugs or alcohol were involved.

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.

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 +7 7172 556 200 and they can offer you consular support.

Consular staff can accompany you to the police station should you so wish and where possible. However, we cannot provide interpretation and might not be allowed to stay with you during a police interview.

You can request to be interviewed by a police officer of a particular gender although there is no guarantee one will be available. It is very rare that local police officers speak English.

An interpreter can be provided by the local police but this may take long time to arrange and there is no guarantee of quality of translation. In order to save time, you may consider having your own interpreter with you when you visit the police station.

The British Embassy can provide you with a list of local interpreters.

Once an initial verbal report is made to the police, you will be required to give a full statement. Not all police stations will have private rooms for taking a statement. Generally, interviews will take place in the office of the duty investigators and there are likely to be several people working in one office.

You will be told to sign your statement so make sure you understand what you are signing. There have been cases when victims complained that police put pressure on them, so you may want to consider having a lawyer or someone else accompany you.

Insist you get a copy of a police report, and request a translation in English, this however may not be readily available in Kazakhstan. Get the copy of your written statement describing the incident signed by the police officer once you submit the original, and retain the copy.

The police officer will register the crime report and should issue you a paper slip with a reference number of the case. Ask the police officer to write down the phone number of the relevant department that will be dealing with your case so you can contact them later for updates.

The case will be cascaded to other departments, so you may have to make a statement several times or visit the incident site together with the police officers.

All your clothes you had at the time of attack will be kept by the police as an evidence and will be sent for forensic examination. The police will send you to the local hospital or a forensic examination centre if you haven’t sought medical assistance in the first instance.

You will be required to undergo a series of tests, including gynaecologist, external injuries examination, swabs and STI tests. The results of the examination will be reflected in a separate protocol and photographic evidence of face and body injuries will be taken.

You will not have to surrender your passport whilst the investigation is carried out. The police will take a copy of your passport and full contact details.

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

The British Embassy 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.

You have to report the crime in-country for it to be investigated.

Even if you do not report the crime, you are still able to get medical attention. You should go to the nearest hospital, a local doctor or gynaecologist, but you will not be entitled to a forensic examination. You would be asked by the doctor whether or not you wish to report the crime.

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 Kazakhstan: 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.

You will have to make a statement about the incident including a description of the attacker(s).

The police will keep any clothes or electronic equipment which may be evidence of your attack to present to a forensic examiner.

The police will send you (or take you) to the local hospital for a forensic examination.

The local police in the country where the assault took place will not inform UK police and will not ask UK to undertake police checks on you.

The medical examination: what to expect

Hospitals and medical centres in Kazakhstan can treat victims of rape and sexual assault, but not all of them. Normally hospitals tend to specialise in specific areas of health. There are several medical clinics most commonly used by foreigners that are able to offer medical support to victims of rape and sexual assault. The embassy can provide you with a list of medical facilities in Kazakhstan.

Hospitals can offer medical support including:

• examination of external injuries
• examination of internal injuries, including swabs and tests for STDs (sexually-transmitted diseases)

As part of forensic examination they may take photographs.

You can ask for a female member of the medical staff be present. Consular staff can you accompany you to the hospital.

If you have been referred to a hospital by police for a forensic expertise, the hospital will automatically report the results of any examination to the police.

Some medical practices will automatically pass details of people they believe to be victims of rape or sexual assault to the police. The British Embassy can talk to local healthcare providers on your behalf to check a clinic’s policy in this matter before you attend the clinic.

Treatment

Hospital medical staff can give you advice on HIV PEP medication (‘Post-exposure prophylaxis’, a treatment that can prevent HIV infection) should you or they feel it is necessary. PEP is available via the Centres on Prevention and Control of AIDS in each big city.

The centres provide PEP therapy free of charge but the patient will have to meet the cost for the testing.

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.

More information on risks is on the NHS website.

Emergency contraception can be obtained from a pharmacy, though you may require a prescription and it is not free.

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

Abortion is available in Kazakhstan for a gestational period up to 12 weeks for non-medical reasons, up to 22 weeks for family or societal reasons. This period can be extended if there are medical complications.

Emergency medical assistance is free of charge in Kazakhstan, any subsequent treatment will be charged in accordance with hospitals price list. Most hospitals accept payment by card, though some local hospitals may accept only cash payments in local currency.

If you have had medication administered overseas, you should keep the label or make a note of the name of the medication, so can let your local health provider know when you return home.

Police investigations in Kazakhstan: what to expect

After you report the crime and with enough evidence to initiate investigation, the case will be registered and assigned to an investigator.

When the investigating authorities are satisfied with the evidence, they issue a statement to officially recognise you as a victim.

You have the right to:

• know if the charges or allegations have been pressed against the suspect
• testify in your own language and be provided with a translator
• provide evidence and make requests (pleadings)
• have a representative or lawyer
• have access to the investigation reports and all case materials after the end of pre-trial investigation

Police may take you to the crime scene to get more details on the incident. They may interview the suspect at the same time and you can meet in the corridors or waiting areas of the police station.

You will be asked to identify a suspect at the police station. Many police stations do not have two way mirrors installed so it is likely that you will be asked to make an identification face to face. You will also be required to attend a face-to-face questioning with the suspect. It is therefore recommended to have a legal representative with you.

Criminal investigations in Kazakhstan tend to progress very slowly. If someone is arrested under suspicion of criminal offence, they may be detained without charges for no longer than 48 hours (or 72 in some cases). In some cases a suspect may not be detained at all.

After that the suspect will be released unless, and depending on the circumstances, the court sanctions arrest of the suspect for the duration of investigation. In some cases, mainly when the abuser is the victim’s partner or spouse, the police can issue a restraining order up to 30 days.

You are entitled to be aware of the case developments. However, having legal representation from the early stages of a case increases the likelihood that your rights will be respected during initial interviews with police and further investigation stages.

The lawyer can speak before the prosecutor on behalf of the victim, but personal presence may still be required. The lawyer will be able to request access to the case materials such as case notes, expertise results etc.

The British embassy can provide you the list of local English speaking lawyers. Some lawyers can offer pro-bono services, or you can request a state appointed lawyer. Your presence in country may be required throughout the investigation. If you leave the country this may trigger the closure of the case.

It is your choice if you would like to seek help from or involve other organisations such as for example the NGO ‘Ne molchi’ (Don’t be silent) to represent you or advise on the legal process.

The investigations of rape and sexual assault cases often take longer than it is expected due to the various complications and can take several months before reaching the trial stage. The investigator with clearance from the public prosecutor may request to:

• extend the period of the investigation, e.g. when further expertise is required
• file the case, if there are insufficient grounds or evidence to prosecute
• order a trial

Court procedures: what to expect

Rape and sexual assault charges are regulated under Articles of 120-124 of the Criminal Code of the Republic of Kazakhstan. In 2019 rape and sexual assault have been re-classified from medium gravity to serious offences category with charges of 5 to 8 years of imprisonment for rape, 9 to 15 years in case of aggravating circumstances, 15 to 20 years if the victim is under age of 18, and up to a life sentence if the crime is committed against a child under 14 years old.

The judge can order the offender to pay compensation to the victim of rape and sexual violence including for emotional trauma. As a general rule, settlement between the parties in rape cases is not allowed.

If the case goes to trial, you will be expected to testify in court. Depending on the circumstances, you may be allowed to testify from the UK. Testimony will be in front of the suspect. Questions are often asked around the details of sexual acts and might be uncomfortable. In local law the absence of consent is considered as rape, however in practice the absence of torn clothes or physical injury may be seen as consent, although in all cases it will be subject to investigation.

The suspect’s family members are allowed to attend the court hearing. There is rarely more than one entrance to a court building so victims and suspects might meet around the building.

If the case is referred for further investigation, you might have to give an additional statement. If you wish, it is possible to drop charges once they are filed by providing a written statement and explaining the reasons behind your decision.

The charge of rape is not an automatic state prosecution in Kazakhstan and when the victim drops charges the criminal case is often terminated by the authorities.

It is illegal in Kazakhstan to make false statements or accusations. Therefore, the suspect may press counter charges against you claiming that you have made false accusations, including during the investigation stage. The court will investigate these claims and decide on proceedings.

If you do not speak Kazakh or Russian, a translator will be provided by the court and you should inform them of this requirement in advance to allow them to make suitable arrangements. You can also have your own interpreter. The embassy can provide a list of translators and interpreters. The officer conducting the criminal process shall issue a resolution on the appointment of a person as an interpreter.

Consular staff will not normally be able to attend the trial with you. You may wish to be accompanied by a friend or member of your family for the court hearing.

Personal information of the victim may be shared illegally with other parties and it is not rare that victims suffer from psychological pressure from investigating authorities, suspect and their family. Rape cases often become hot topics in social media and depending on the circumstances and information available, the general public may be quick to judge and criticise the victim.

However, lately and with help of NGOs raising awareness of sexual and domestic abuse, people tend to be on the victim’s side.

How cases can be taken to trial

When investigation is over a case will be filed by the prosecutor to the court. It may take several months until the case is passed to the court. There will be a time for both parties to familiarise with the case materials before the start of the trial.

First, there may be a preliminary hearing which may last for several days depending on the complexity of the case, and as a result the judge may initiate the main trial or return the case for further investigation.

Trial procedures

The prosecutor must formally notify both parties when the case is submitted to the court, and there should be formal notification of the start of the trial procedures.

The trial in Kazakhstan can be conducted only in local languages – Kazakh or Russian. You can give statement in English, but that has to be translated in either Kazakh or Russian. You can appoint a translator or request a court to provide one.

You are obliged to be present. However, at your request, the court may release you from attending the court session, and only to appear at a certain time to testify.

Depending on complexity of the case the trial may last several months. You or defendant then have the right to appeal the court decision within 15 days. If there is no appeal, the sentence comes into force. You will have one year to submit the second (and last) appeal to the Cassation Court if you disagree with the decision. For defendant there is no time limit to submit cassation appeal.

Hiring a lawyer

You should consider appointing a lawyer from the early stages. If you cannot appoint a privately-hired lawyer, you may request a state hired lawyer.

There are lawyers who specialise in criminal cases, and sometimes in rape and sexual assault cases.

The embassy has a list of English speaking lawyers published online.

Communication

Police investigator normally communicates directly with the victim or their legal representative.

If you are not resident in-country, you should appoint a local lawyer to represent you.

Victims often have to chase police for information rather than police updating them on the progress of the case. If you do not want to appoint a lawyer, you might need a help of local Russian or Kazakh speaker to help you communicate with the police and chase them to keep updated.

Legal aid

Victims are entitled to legal aid. You will need the police investigator to formally recognise you as victim. You will need to apply for legal aid through the police by submitting a written request. State provided lawyers rarely speak English, and may be less interested in the outcome of the case. You are not required to prove your financial situation and it will not be evaluated in order to provide a state appointed lawyer.

Legal aid normally covers representation at police interviews, preparing written statements and requests, representation during the trial.

Privately-hired lawyers tend to charge for services per hour, or sometimes you may agree to pay a fixed amount for the whole process. You may change lawyer at any stage if required.

Sentencing

In general, in Kazakhstan sentences are weighted in favour of punishment. However, this may be different in rape and sexual assault cases when it may be difficult to prove suspect’s guilt.

If sentenced, the perpetrator would be guilty of ‘crime against the person’.

If the alleged perpetrator is found not guilty, the parties have 15 days to appeal. If no appeal, or appeal court leaves the initial decision unchanged, it should come into force.

Compensation

The courts can order the offender to pay compensation for any injuries or losses as part of the sentence.

Victims of criminal offences are eligible for a state-funded compensation scheme from the Victims Support Fund depending on the crime committed against them. You will not receive it automatically, but will need to apply for it. Depending on the charges, the compensation may vary between 30 and 50 monthly calculation index (MCI in 2022 is 3180 KZT).

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

Organisation	Address
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.

Support organisations in Kazakhstan

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

Some of these organisations can offer psychological or legal support, some will be able to represent and act as your defender in a court, or provide shelter.

There are crisis centres for women and children in each big city in Kazakhstan, below are the contact details of some of the centres. The centres have limited capacity to shelter victims of sexual and domestic abuse for up to 6 months.

Crisis centres cannot accommodate male victims but would still be able to provide psychological support and legal advice. State supported crisis centres can accommodate victims only if the case has been reported to the Police, private shelters will not require the victim to report to the Police.

Each region has a Commission for women, family and demographic policy, that can also provide support.

Assistance may not be available in English, so you will need help of Russian or Kazakh speaker or a translator.

Organisation	Address	Contact Number	Email	Services offered
Crisis centre ‘Umit’	Astana	+7 7172496645; +7 7172497889; +7 7073362036	centr_07_2013@mail.ru	Psychological help, counselling, legal support, shelter
Crisis centre ‘Qorgau-Astana’	Astana	+7 7172306073; +7 7028929777	korgau_astana@mail.ru	Psychological help, counselling, legal support, shelter
Crisis centre for victims of domestic violence	Almaty	+7 7272432221; +7 7714503450	kcalmaty2017@gmail.com	Psychological help, counselling, legal support, shelter
Crisis centre ‘Arasha’	Almaty	+7 7773590277	muskembaeva@mail.ru	Psychological help, counselling, legal support, shelter
Сentre for socio-psychological rehabilitation and adaptation for women and children ‘Rodnik’	Almaty	+77273961938; +77471112360	rodnik27@yandex.ru	Psychological help, counselling, legal support, shelter
Crisis centre for victims of domestic violence	Atyrau	+7 7122466060; +7 7012800721	krcenter12@mail.ru	Psychological help, counselling, legal support, shelter
Republican scientific and practical centre of mental health	88, Amangeldy Street, Almaty	+7 7272724832; +7 7272723809	info@mentalcenter.kz	Therapy and psychological help
‘Ne Molchi’ NGO	252, Baizakov Street, Almaty	+7 7051510000	nemolchikz@gmail.com	Legal and general advice, liaison with police and representation in courts
Centres on Prevention and Control of AIDS in Astana	5/1, Iliyas Yesenberlin Street, Astana	+7 7172381585; +7 7172279504	astana@rcaids.kz	HIV testing, PEP therapy
Centres on Prevention and Control of AIDS in Almaty	2, Basenova Street, block 4, Almaty	+7 7272465336; +7 7272465362	center@gcaids.kz	HIV testing, PEP therapy

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).