Guidance

Montenegro: information for victims of rape and sexual assault

Published 8 February 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 as safe as you can be. You can:

• contact the international emergency number on 112 and you will be put through to the local police in Montenegro
• contact your tour operator if you are travelling with one
• contact the British Embassy in Podgorica on +382 (0)20 420 100

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 Montenegro

Before you go to the police station

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, if 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 in Podgorica on +382 (0)20 420 100. The embassy 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 keeping items such as condoms, toothbrushes, or texts.

You can report the incident to the police:

• by phone (122, or in cases of domestic violence 080 111 111)
• in person (at a police station)
• in writing

Making false accusations is illegal in Montenegro.

At the police station

Tell the police if you think you have been drugged.

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

Extramarital sex, homosexuality and drinking alcohol are not illegal in Montenegro.

Police stations in Montenegro are likely to have both male and female police officers. You can request a specific gender, but this may not be possible. Police officers who are not fluent in English will be supported by an interpreter. You may have to wait for an interpreter to arrive at the police station before you can give a full statement.

Investigations are led by the public prosecutor, once the police lodge criminal charges with the prosecutor.

You will be asked to provide:

• a description of the assault and the perpetrator
• details of any correspondence with the perpetrator
• details that could help identify the perpetrator
• information about when and where the assault happened
• information about any witnesses present

You may be asked other questions to help the investigation and, if relevant, the trial and your claim for compensation.

You can give a statement, by phone, in writing or in person. You will be invited again to give an official statement to the public prosecutor or court.

The police are likely to need to keep any items that might be considered as material evidence, which could include clothes you were wearing.

The police will take you to hospital for a medical examination. Hospitals are located in major cities. The medical examination is free of charge.

You will be allowed to contact a lawyer and your family or friends. During the pre-investigative phase of proceedings, you will not be assigned a state-funded lawyer, but will be able to engage your own lawyer if you choose. You will need to pay for their services.

You will need to present your passport (or other identification document) at the police station for the purpose of identification and in order to file a police report. Your passport will then be returned to you.

The police will not inform the UK police or ask for any police checks on the victim.

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

The British Embassy in Podgorica will be able to help you. This includes:

• helping you to contact your insurance company
• helping you to contact your family
• helping you make arrangements to travel back to the UK
• providing you with information on local support in the UK

They can provide you with lists of English-speaking:

• medical facilities
• lawyers
• translators

You can also report the incident to your tour operator, if you’re travelling with one. They may be able to help you, including accompanying 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 to the hospital.

It is your choice whether to report the crime. If you don’t report it, your case may not be investigated. In order to be investigated, the crime has to be reported in Montenegro. After the crime is reported, prosecution is initiated, regardless of whether you want to prosecute or not. If you do not report the crime, you will still be able to get medical attention.

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 Montenegro , 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 Montenegro where the crime took place, you should report the crime here. 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 Montenegro where the crime happened. However, it is up to Montenegrin authorities to decide whether and how 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

Only hospitals with specialist forensic medicine departments can treat victims of rape and sexual assault, if a forensic physician is required.

If you tell medical staff at any hospital that you have been raped or sexually assaulted, or if they suspect this is the case, they have an obligation to inform the police.

The medical examination is carried out by the doctor available at the time. If you would like the examination to be carried out by a doctor of the same sex, you can request this, but you may have to wait until someone is available. You may need to be referred to a hospital with a forensic medicine department.

The doctor will document your:

• your general health
• menstrual cycle (if appropriate)
• potential allergies
• and if appropriate pregnancy status

They will also:

• conduct a trauma assessment
• take fingernail clippings or scrapings
• take samples for sperm or seminal fluid
• collect bloody, torn, or stained clothing
• taking samples for blood typing, sexually transmitted diseases (STDs) and DNA screening

They may also take photographs of external injuries.

If you are travelling with a tour operator, you can ask them to accompany you to the hospital. If you want, consular staff may be able to come with you as well (depending on timing and location). Consular staff can help you to arrange a medical examination, where possible with a doctor of same sex if you prefer . They can also arrange for you to see a doctor who can give advice on sexually transmitted diseases, including HIV, AIDS, pregnancy, abortion or emergency contraception.

Treatment

HIVpost exposure prophylaxis (PEP) treatment that can prevent HIV infection is not available in Montenegro.

PEP 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 when you return to the UK.

You can buy emergency contraception from any licensed pharmacy without prescription or medical referral. You will need to pay for this.

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

Hospital treatment and tests are free of charge for victims of rape and sexual assault.

If you have had medication administered overseas, you should keep the label or make a note of the name of the medication. You can then give it to your local health provider when you return home.

Police investigations in Montenegro – what to expect

The police might take you to the crime scene or to a location to identify the perpetrator. This will normally take the form of an identity parade, where you will see a number of different people and will be asked to identify the person who attacked you. The people taking part in the identity parade will not be able to see you.

If the suspect is arrested by police, they must be brought before the public prosecutor within 24 hours. The prosecutor will hear from the suspect and decide whether there are legal grounds to detain them for another 72 hours.

If the prosecutor believes that there are justified reasons (such as flight risk, influence on witnesses, concealment of evidence etc), they will propose to a judge that the suspect is detained for up to 30 days. The detention can be extended for an additional 5 months.

You will be asked to give another statement in front of the prosecutor. You will need to give the statement in person, but you can be accompanied by your lawyer.

Lawyers will have access to your case file at this stage but may not have access to other evidence.

You will not face any travel restrictions once the case is filed with the police, but should leave your contact details with the police and the prosecutor. The police may require you to delay your departure for a short period of time if certain procedural activities are needed.

Before leaving the country, the prosecutor may also ask you to give a statement to the investigation judge. This is to ensure your statement can be used in court at a later date, if you are unable to attend in person.

Court procedures – what to expect

If the case is brought before the court, you will have to give your testimony in court. Your testimony will usually be conducted right after the accused gives his or her statement. If you are in the UK, you may be given the option to testify over videoconference.

If you are in the court, you have the right to testify in a separate room with the judge and recorder, while the prosecutor, defendant and defence lawyer watch the broadcast from another room. They will still be able to ask you questions if they wish.

At the hearing, you (or your lawyer) have the right to:

• propose evidence
• ask questions to the accused, witnesses and experts
• make remarks and explanations regarding the statements of the accused, witnesses and experts
• make other statements and proposals

Trial procedures

When the investigation is complete, if the public prosecutor finds there is reasonable suspicion that the accused has committed a criminal offense, they will file an indictment to the court. This means that the case is taken to trial.

The trial will be conducted in the Montenegrin language. If you or anyone else involved in the trial do not speak or understand Montenegrin, a certified interpreter must be present.

If you are summoned to attend a trial in Montenegro, the local authorities will not be able to assist with travel or accommodation arrangements.

You have right to be kept updated on the case. During the pre-investigative and investigative procedures, the police and the prosecutor will be in touch with you. Once the criminal proceedings start, you can check the status of the proceedings with the court.

If you appoint a local lawyer, they would provide professional assistance throughout the proceedings, including:

• checking the case files and status of the case
• communicating with the court
• filing relevant submissions and objections if needed
• attending hearings

If the case is referred for further investigation, it is highly likely you will have to give another statement.

According to Montenegrin law, the charge of rape requires mandatory state prosecution which cannot be dropped.

The alleged perpetrator may press counter charges claiming false allegations. The authorities will review the charges separately.

Hiring a lawyer

A privately-hired lawyer can support and represent you at any stage of the criminal proceedings. They can file applications and receive notifications on your behalf. There are no lawyers in Montenegro that specialise in rape and sexual assault cases but, in general, all lawyers practicing criminal law can provide advice and assistance. You will be responsible for paying for their services.

Lists of English-speaking lawyers in Montenegro

List of translators and interpreters in Montenegro

Updates about your case

During pre-investigative and investigative procedures, the police officers and prosecutor will keep you updated. It is important that you share contact details (in Montenegro and in your country of residence, if different) with them. If you appoint a lawyer, communication will be done through them.

Legal aid

You may be entitled to legal aid. You would need to apply to the local basic court. The Law on Free Legal Aid prescribes the conditions for exercising this right.

Legal aid usually covers:

• legal advice
• drafting submissions
• representation at hearings

Sentencing

The offender would be guilty of an ‘offence against sexual freedom’. Depending on the severity of the case, judges can pass down one of the following sentences:

• imprisonment of 1 to 15 years
• minimum 10 years or long-term imprisonment sentence (30- 40 years) in case the death of the victim occurred or the assault is committed against a child

The court may also order additional measures on the perpetrator, such as:

• mandatory psychiatric treatment and care in a health institution
• compulsory treatment of drug addicts or alcoholics
• restraining order
• deportation (of a foreign national)
• public announcement of the judgment

The court could also order a restraining order of one to 5 years.

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

Compensation

If the perpetrator is found guilty, you can file a request or claim for compensation. This can be filed in criminal proceedings as well as in civil proceedings. However, in practice, if you request compensation in criminal proceedings, the criminal court is likely to refer you to seek compensation in civil proceedings after the final judgment of conviction. This means you will have to start another court proceeding: a civil case, independent of the criminal case.

You can seek compensation for material damage as well as non-material damage.

There are no state-funded compensation schemes to cover physical or psychological injuries suffered because of a sexual or violent crime in Montenegro.

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.

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 where the assault took place.

Support organisations in Montenegro

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

Women’s Safe House

Address: Ivana Crnojevića Street 69
81000 Podgorica
Montenegro

Women’s Safe House offers shelter, psychological support and legal advice. Calls and services are free of charge. They have English-speaking staff.

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 (2 February 2022).