Guidance

Latvia: information for victims of rape and sexual assault

Published 2 March 2023

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 in Riga on +371 67 774 700. 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 Latvia

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 +371 67 774 7000 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.

Make sure you get a police report, and request a translation in English if applicable.

Victims of rape and sexual assault in Latvia, whatever their gender or sexual preference, would not put themselves at risk by reporting the incident to the police. It might not always be possible to see a female officer, but we can request one on your behalf.

We can call ahead to inform the police that you wish to go in to make a complaint so that your visit can be organised. If time and distance allow, we can also accompany you to the police station, although we cannot interpret for you. If you do not speak Latvian, the police will provide an interpreter, but this can take some time to organise so you might need to wait.

At the police station, you will be asked to provide a statement and describe the attacker, and the police will keep any items of clothing and sometimes electronic equipment that can be relevant to an investigation. The police will also ask you to undergo a forensic examination.

We can provide information on help for victims of crime and criminal procedures in Latvia, as well as practical assistance.

You will not be expected to surrender your passport at any time.

A lawyer will not be assigned to you at this point as this is a separate procedure.

Check the FCDO list of lawyers in Latvia.

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

The British Embassy or Consulate will be able to help you. This includes helping you seek medical attention, 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.

The Embassy 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, or a member of consular staff, depending on location and timing.

It is your choice on whether to report the crime. If you don’t report it, your case may not be investigated.

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.

The criminal prosecution process in Latvia

Once you have made your statement to the police, you will be asked to have a medical examination. Police will explain where to go and if needed, they will take you to a hospital that conducts forensic examinations. These are only located in urban areas.

Local police will not inform UK police or ask for police checks.

The medical examination – what to expect

Hospitals can provide emergency assistance for victims of rape and sexual assault, but you may be transferred to a larger hospital with specialist staff.

Hospitals are obligated to inform police if they suspect that you have suffered from violence, whether you are adult or minor.

Medical staff will carry out the examination. They will:

• check for external injuries
• take internal swabs
• perform blood tests for STDs, pregnancy and any drugs
• collect DNA from your skin or under your fingernails if appropriate
• take pictures of any injuries you might have sustained

You have the right to request the presence of a female member of staff, although this depends on availability. The medical examination is the same for male and female patients.

We will help you find the closest hospital and can call ahead to inform them that you are coming. If you would like a Consular officer to accompany you, we will try to do so where time constraints allow for this. If you are travelling with a tour operator, their local rep might also be able to escort you. It is essential that you receive medical support and care as soon as possible.

We can also assist you to find a Crisis Centre or other emergency accommodation.

Treatment

Hospital medical staff give advice on HIV PEP medication (post-exposure prophylaxis, a treatment that can prevent HIV infection). It is medically prescribed, and you should have follow-up visits with a specialist.

HIV PEP medication needs to be taken within 72 hours of the incident for it to be effective. The NHS may be able to start or continue the 28-day treatment after you return to the UK.

You can get emergency contraception at hospitals and pharmacies. You will need to pay for this medication.

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

Hospital treatment and tests should be paid at the hospital. If you have travel insurance, they should cover the cost. If you do not have travel insurance, you can present your European Health Insurance Card (EHIC) or Global Health Insurance Card (GHIC), which covers part of the fees.

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 Latvia – what to expect

The police will try to identify the attacker and the location of the attack. If you are unsure of the location, they might take you to the area where you think it might have happened to get a clearer idea. You can choose if you want to do this.

It is possible that the police will ask you to identify a suspect who is brought into the police station. If it is not possible to bring in the suspect for identification, you may identify them with photos.

If the police make an arrest, the accused can be remanded in custody for 48 hours. They will be made aware of the charges. The public prosecutor is the lead in the initial stage of all police investigations and so is the ultimate decision maker regarding proceedings.

After the period of initial investigation, the suspect will either be released on bail with a potential ban from leaving the country or detained whilst further investigations are carried out. Alternatively, other compulsory measures can be applied (such as regular reporting to the police, or a ban on contacting a specific person).

You may be asked to provide a statement in front of the public prosecutor but it is your choice. If you do not wish to come for an interview but you have a lawyer, your lawyer can attend.

You will not be expected to remain in Latvia throughout this process, but you will need to provide contact details and to be available for follow up investigations and the trial. The option of video link may be possible.

Hiring a lawyer, legal procedures and what to expect

When you make a complaint to the police, the police officer will decide whether to initiate investigation. If at any time you withdraw your complaint, this will have no legal repercussions for you, but the withdrawal will not automatically put a stop to the investigation. The public prosecutor will decide whether there is good reason to continue the investigation, even without further input from you.

The lawyer’s role is an important one as they would explain the legal process to you, liaise with the court, provide you with updates and ensure your rights are upheld. They also explain the impact the attack has had on you to the court and make a claim to the court for you to receive compensation for any losses or injuries you might have sustained.

Some lawyers specialise in rape and sexual assault cases, many specialise in criminal cases generally. Find a lawyer in Latvia

If you are unable to pay for a lawyer, it is possible to apply for legal aid in Latvia, dependent on your financial situation. Legal aid covers the preparation of documents for criminal proceedings and representation in criminal proceedings.

Without a lawyer, you can file a case in English, but, if it is possible to have it translated into Latvian, this will speed up the review of the application. You can also still receive information about the case.

The accused can only press counter charges claiming false accusations if the charges are dropped before trial or they are acquitted.

Trial procedures

The police or your lawyer will inform you if there is going to be a trial, once the public prosecutor has assessed the evidence and decided whether to bring charges. There is no specific timeframe for this assessment to be made or for a trial date to be set. The trial date will be announced by the court. The trial will be in Latvian, but a translator will be made available.

If you are called as a witness, you will be asked to attend the trial. It might be possible to testify via video link. You can request the court to rule to cover the costs of travel and accommodation for the trial from the state budget.

Criminal trial proceedings tend to last on average 9 months in the first instance and on average 4 months in the appeal instance. Once the hearing is concluded, the court will deliver a summary judgment (i.e. a short version of judgment without full disclosure of reasoning) within 14 days after conclusion of the hearing. The public prosecutor, accused person, and also victim may, within 10 days from the day of declaration of the summary judgment, request the court to issue a full judgment. Full judgment should be delivered within 14 days. The defendant then normally has 10 days to submit an appeal or, if the court has extended the term for appeal, 20 days. The same terms apply for submission of cassation claim.

Sentencing

If found guilty, the defendant has the right to appeal and then, if they are unsuccessful, they can have the case reviewed by the Supreme Court that will consider whether the law was applied correctly both from the procedural and material perspective. This means that in some cases it can take some years for the final sentence to be passed.

In the event of a guilty verdict, the defendant would be guilty of a crime against morals and sexual integrity.

The sentence pronounced by the judge would be weighted in favour of punishment for the accused through a sentence along with a probationary surveillance for a period of up to five years.

The sentences for rape and sexual assault vary greatly, depending partly on the age of the victim and their connection to the perpetrator. The judge can pass down a sentence of between four and ten years for rape, and up to ten years for sexual assault. The sentence is higher and can amount to life imprisonment if the crime was committed by a group of persons or against a minor. The victim has the right to claim compensation for moral harm and damages caused. The presiding judge decides how much money should be paid by the perpetrator to the victim in compensation.

The judge of the criminal court or a civil action can order the perpetrator to pay compensation.

If you have a resident permit in Latvia you can apply to the state-funded compensation scheme to cover physical or psychological injuries suffered as a result of a sexual or violent crime.

If the investigation is closed without the accused going to trial, the victim, as civil party, can appeal this decision. However, if the case goes to trial and the defendant is found not guilty, only the public prosecutor can appeal the verdict.

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.

Country	Organisation
England	NHS Choices or search the internet for ‘NHS SARC’
Scotland	Archway SARC or phone 0141 211 8175
Wales	New Pathways SARC or phone 01685 379 310 Ynys Saff Sexual Assault Referral Centre (Cardiff and Vale University Health Board)
Northern Ireland	Rowan SARC Northern Ireland or 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 the 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).