Guidance

North Macedonia: information for victims of rape and sexual assault

Published 14 November 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.

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

dial 192 for police
dial 194 for emergency ambulance

• contact your tour operator if you are travelling with one
• contact the British Embassy Skopje +389 (2) 3299 299.

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 North Macedonia

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 in Skopje on +389 (2) 3299 299 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.

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

As a victim of a crime, you will receive special care and attention from the authorities. You will be offered psychological and other professional help and support by authorities, institutions and organisations helping victims of crime. You will also have the right to participate in the criminal proceedings as a victim by joining the criminal prosecution or when you claim damages.

Reporting the crime to the local police does not hold any risks for you. Extramarital sex or homosexuality, drinking and taking drugs are not considered criminal offences.

Both male or female police officers are available to deal with your case. You may have to wait for an interpreter to arrive at the police station before you give a statement.

You can give your statement to the police officers. They will support you and accompany you to the hospital to conduct the medical examinations, collect forensic evidence and treat any injuries.

If you choose to report the incident to the police, our consular staff may be able to accompany you. 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 report the crime: 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 local authorities will ask to see your passport to identify you.

A lawyer will not be automatically assigned to you, but you can appoint a lawyer for yourself at any time. If you cannot afford a private lawyer, one will be appointed for you by the State. This will be free of charge but public defenders rarely speak English.

If you do not want to report the incident to the police in North Macedonia

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
• 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 whether to report the crime. You can also report the incident in the UK or anywhere abroad. If you don’t report it, your case may not be investigated. Rape and sexual assault can be reported to the police, medical facilities and social services centres.

If you report a sexual violence case to a medical centre or social services, they will provide you with specialist help and support. They will also refer you to other specialised service providers, such as Sexual Violence Referral Centres, where you can receive proper assessment, medical examination, and psychological support. SVRCs are located in medical facilities. They can also offer long-term treatment to victims of sexual violence, such as individual and group counselling, psycho-social counselling, referral to other services and representing you in front of other institutions.

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 Skopje +389 (2) 3299 299, 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 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 North Macedonia: what happens next

If you choose to report the crime, try to do so as soon as possible, so that 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.

You will be expected to give a full statement to police officers, describing the circumstances around the incident and giving a description of the attacker(s).

You may want to bring a spare change of clothes with you to the police station as the clothing you wore during the incident will be kept by the police as forensic evidence. The police will keep any clothes or any other evidence they deem necessary for forensic examination.

The police will take you to the nearest hospital where the examination will take place. This may involve travel to the nearest city.

Local police will not inform UK police about the crime, nor will they ask UK police to undertake checks on you.

The medical examination: what to expect

Any hospital or medical centre can treat you, but only a doctor specialised in forensic medicine can collect forensic evidence.

The hospital will report the results of the examination to the police if you agree to report the incident. If you give consent, forensic evidence is taken by a qualified forensic medical examiner in the presence of a gynaecologist. For male victims, a specialist urologist can be called. The evidence will be kept at the medical facility or hospital.

The aim of the forensic examination is to gather evidence that could help prove, or disprove, a connection between individuals, objects or places. Forensic evidence can be used to support your explanation of the incident, confirm recent sexual intercourse, show the use of force or coercion, and possibly establish the identity of the perpetrator.

The examination report contains a description of the incident, and details of:

• your medical history
• the medical examination of internal and external injuries
• the genital and anal examination
• DNA analysis
• the prescribed treatment

Photos will not be taken, but the injuries are described in pictograms in the doctor’s examination form.

If you are travelling with a tour operator, you can ask them to accompany you to the hospital. If you want, we may be able to come with you as well (depending on timing and location). We can help you:

• deal with the local authorities in arranging a medical examination, where possible with a female doctor if you prefer
• arrange for you to see a doctor who can give advice on sexually transmitted diseases, including HIV/AIDS, pregnancy, abortion or emergency contraception (the morning after pill)
• by providing a list of local hospitals and English-speaking doctors

Treatment

Medical staff will give you advice about HIV PEP medication and will prescribe treatment if required. They will monitor your health by offering follow-up checks.

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

Medical staff can prescribe emergency contraception, which can be purchased in most pharmacies.

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

The services of the medical centres and hospitals should be free of charge.

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 North Macedonia: what to expect

The police will not ask you to revisit the scene of the crime.

You may be asked to identify your attacker. Recognition is performed in the presence of the public prosecutor. The alleged perpetrator will not be able to see you and you will not meet them at any point while at the police station.

Upon reporting the crime, the public prosecutor starts the investigation, which can take up to 6 months, or up to a year in more complex cases. After completing the investigation the public prosecutor files an indictment act or stops the investigation within 15 days.

You will be expected to make a statement in front of the public prosecutor. Before the medical examination, you will be able to talk to a pro bono lawyer, and to choose a forensic examiner, police officer or public prosecutor of the same sex to interview you. You don’t need to answer any questions which are related to your personal life and are not connected to the incident in question. You can ask for a remote interview using audio-visual devices and can ask that the court hearing is behind closed doors.

You will not face any travel restrictions once the case is filed with the police, and you will be allowed to leave the country at any point.

Court procedures: what to expect

If a suspect goes to trial, you may be asked to testify in court when the evidence is presented. In special circumstances, if the court allows, the testimony can be given by video conference call.

Even without hiring a lawyer, you will be kept informed about the progress of the case by receiving written reports to your home address or any other you have provided. If you haven’t provided an address, the authorities will try to deliver updates through the Embassy. You can provide your lawyer’s address who will update you and tell you if you need to take any action. It will be easier to communicate with the local authorities and to receive professional legal assistance by having a lawyer to represent you.

You may be asked to give additional statements or clarification during the investigation, but you can refuse to give any further statement.

You can withdraw only your claim for damages. Rape is a criminal act and the charge of rape requires mandatory state prosecution. If the prosecutor finds grounds for suspicion, the charges will not be dropped. However, if there is evidence of false accusations, you might be liable for false reporting according to North Macedonian criminal law.

You will be advised about the consequences of giving false statement.

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

The court can order the offender to pay compensation for any injuries or losses to the victim in a criminal or civil procedure.

How can cases be taken to trial

The local authorities (Public Prosecutor’s Office and the Ministry of the Interior) are responsible; for managing the case and ensuring the safety of the victim. They will prepare the necessary documentation in order to prosecute the perpetrator of sexual violence.

The police should immediately inform the public prosecutor in writing of an actual or suspected sexual violence incident. After the report is sent to the public prosecutor, the procedure is managed by them.

You have the right to free legal aid.

The relevant documents should be submitted within three months of reporting the incident, which can be done from the UK through legal representative in North Macedonia.

The trial will be in Macedonian, and you will be provided with an interpreter.

Trial procedures

There will be trial proceedings if the prosecutor has filed the case.

You are not required to be present at every court session; you are usually summoned to give your testimony in front of the judge. However, in accordance with the International Cooperation in Criminal Matters Act you can also be heard in a UK court, by video or teleconference.

If you do have to attend a trial abroad, the authorities will provide you with free accommodation in a SVRC.

The process of investigation might take up to six months, but the public prosecutor may request an extension of another six months from the senior public prosecutor, especially when dealing with more complex cases. In more general cases, as an exception, the public prosecutor can give an extension of another three months.

The defendant has the right to appeal the court decision at first instance in front of the Court of Appeal. The Court of Appeal decides without scheduling hearings. It depends on the case, but usually it takes about a year to pronounce the final sentence.

Hiring a lawyer

A privately-hired lawyer can support and represent you at any stage of the criminal proceedings, can file applications and receive notifications on your behalf.

In North Macedonia lawyers do not specialise in any particular areas of law, so any lawyer can represent you in criminal or civil court.

Find an English-speaking lawyer in North Macedonia.

Communication

At first instance, you will see a social worker at the SVRC or medical centre who will prepare you for the examination and give a general overview of the services provided at the centre.

The social worker will also give information about the available care, counselling and free legal assistance. With your consent, the social worker will refer you to the relevant professional and accompany you when you meet them.

You will need to provide a local address but if you are not resident in North Macedonia, you can use your lawyer’s address.

If you do not wish to appoint a lawyer, you can submit request for information and get regular updates from the local authorities.

Legal aid

Legal aid covers legal consultation, submitting written requests to the court and authorities, representation in court hearings.

Sentencing

Sentences depend on the gravity of the case – they may include the punishment, rehabilitation and resocialisation of the perpetrator.

The perpetrator would be guilty of “offence against gender freedom and morality”.

Depending on the severity of the case, judges are able to pass down the following sentences:

• 3 to 10 years imprisonment for threatening your life or forcing you to have sexual intercourse

• at least 10 years imprisonment for a crime against a child aged 14 or over

• at least 4 years imprisonment for causing serious injury, death or other serious consequences. Also applicable if the crime is committed by several persons or with particular cruelty, humiliation or hatred

• 6 months to 5 years imprisonment for threatening to reveal something that would harm their honour and reputation or any other serious harm

If the alleged perpetrator is found not guilty, the case will be terminated and they will be set free.

Compensation

You can claim compensation for any injuries or losses from the offender either within the criminal court or in a separate civil court procedure.

There is no state-funded compensation scheme to cover physical or psychological injuries suffered as a result of a sexual or violent crime.

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: phone 0141 211 8175
Wales	New Pathways SARC: phone 01685 379 310 and 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 North Macedonia

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

HERA – Association for Health Education and Research

St. Franklin Roosevelt 51a/26
1000 Skopje, North Macedonia

Phone: +389 (0)2 3290 395

E-mail: hera@hera.org.mk

Provides free and confidential sexual and reproductive health and gender-based violence services.

Helsinki Committee for Human Rights

St. Naum Naumovski Borce 83
1000 Skopje, North Macedonia

Phone: 0800 44 222, +389 (0)2 3119 073, +389 (0)2 3290 469, +389 (0)72 278 436

E-mail: helkom@mhc.org.mk

The Committee monitors the situation with human rights, provides legal assistance, co-operates with other organisations and state bodies for the purpose of improving the promotion, respect and protection of human rights and freedoms.

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).