Guidance

Paraguay: information for victims of rape and sexual assault

Published 30 November 2022

If you have been sexually assaulted it is 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 local emergency number 911 for emergency services and the Ministry of Women’s hotline 137 for advice and support. In the case of sexual abuse of minors, you can call 147 for information and to report the incident

• contact your tour operator if you are travelling with one

• contact the British Embassy in Asuncion on +595 21 614 589. 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 Paraguay

If you have a tour operator, they should be able to arrange for someone to support you.

If you do not have a tour operator, you can contact the British Embassy and 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 +595 21 614 589 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, texts or social media messages.

Tell the police if you think you have been drugged.

Ask for a copy of the police report. The report will be in Spanish (you will need to get this translated if you want an English version). Ask for the details of the Prosecution Office that will handle the report. This will allow you to follow up on your case later on.

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. You might consider having your own interpreter with you when you visit the police station. You can also check our list of translators and interpreters.

We can try to arrange to come to the police station with you if you want. However, issues like distance or staffing may limit our ability to do so.

The police will ask you to keep any clothes, which may be evidence of your attack to present to a forensic examiner, as well as any other belongings that may provide useful information on the attacker(s).

After you have given your statement to the police, the report will be forwarded to the prosecution office on duty. You will be required to ratify your report in front of the prosecutor or a judge, in order to initiate the legal proceedings against the perpetrator, which means you may need to explain the course of the events again.

You should not be requested to surrender your passport.

Local legal procedures differ from those in the United Kingdom. Cases may take a long time to process - keeping in contact with the Prosecution will help you stay up to date with developments in the case. You may prefer to keep in contact with the Prosecution through your legal representative if you wish to hire one.

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

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. This is also the case if there is a lack of forensic evidence.

Preferably, you should be in-country to report the crime, since there are some essential steps necessary for it to be investigated, such as the hearing, identification of the perpetrator or forensic medical examination.

In the case of minors, anyone with concerns about a child being at risk or being a victim of abuse is entitled to report it to the authorities. This includes public and private hospitals, who must report their suspicions immediately.

Paraguayan authorities will be able to investigate the rape or sexual assault even if the report does not come from you directly.

When the victim is a minor, all public hospitals and private clinics in Paraguay have the legal duty to report all cases of rape or sexual assault to the prosecution office on duty without the victim’s consent. There are cases where – even for adult victims – the hospital has the legal duty to report the crime to the police without the victim’s consent. These include situations where the victim’s life is at imminent risk or the victim’s injuries are considered serious by local law.

In Paraguay, there is a ‘Manual for Comprehensive Healthcare for Victims of Domestic, Sexual and Gender Violence’ to assist victims of rape and sexual assault. This protocol states that the victim has the right to access medical attention and seek professional support from health authorities.

Criminal offences committed in Paraguay can only be reported in Paraguay. A legal representative can file a report on your behalf if you live abroad.

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 Paraguay, you should report the crime there. 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 Paraguay - what happens next

The police will ask you to give as many details of the incident as possible, including a description of the attacker(s). They may keep your clothes to present to a forensic examiner, as well as any other belongings that could provide useful information on the attacker(s).

The police will need you to have a forensic examination, or go to a local hospital for a forensic examination, if this has not been done yet.

The medical examination – what to expect

All hospitals and medical centres treat victims of rape and sexual assault.

You do not have to have a medical examination if you do not want to. It is your right to decide if you want this to happen or not, and it is the medical professional’s duty to ask for your consent before the examination takes place. They will explain what the examination is.

The sooner the examination takes place, the more chance of collecting evidence.

You should be aware that if you decline a medical examination it may be harder to prove that an attack has taken place.

If you have reported the incident to the police, but you haven’t had a medical examination yet, a forensic doctor will normally be called to carry out a forensic examination, or you will be asked to go to a local hospital to be seen by a forensic doctor. If one is not available, it is most likely that the medical examination will be carried out by trained hospital staff instead of a forensic doctor.

If you have not involved the police, go to “Urgencias” (Accident & Emergency) when you arrive at the hospital. You may be asked to explain what the nature of your emergency is to ensure the relevant specialists come to see you.

If you haven’t decided whether or not to involve the police, it is most likely that the medical examination will be carried out by trained hospital staff instead of a forensic doctor, and every sample collected and test results will show in your medical record at the hospital for future reference. They will not automatically report the results of any examination to the police. In both cases, they will take samples, such as swabs, depending on the information you provide on the assault. They will also take blood samples, sometimes urine samples, and also retain some clothing and other items.

We can try to arrange to come to the hospital with you where possible, if you wish.

There may not always be both male and female doctors available, but we can express your preference to the hospital staff on your behalf. Also, local tour operators are likely to assist.

Treatment

Local protocol outlines the medical treatment you must receive after your medical examination:

• appropriate treatment of all physical injuries (including genital injuries)
• consultation with a psychologist or social worker - hospitals always have a psychologist and social worker on duty
• the emergency contraception pill (also known as ‘morning after pill’). The sooner it is taken, the better chances of it being effective
• Post-Exposure Prophylaxis (PEP) treatment: if taken early enough, it is thought to stop HIV from replicating in the body thereby preventing the virus from attacking the immune system. If the hospital cannot provide you with the medication, the doctor must hand you a prescription. However, this medication can sometimes be hard to find and can be very expensive. Please, let us know if this is the case and we can help you contact local pharmacies or other hospitals

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.

If the hospital cannot provide you with the remaining tablets of the PEP treatment, they must give you a prescription. Please, let Embassy staff know if this is the case and they can help you contact local pharmacies or other hospitals. It is important that you do not interrupt this treatment without medical advice.

The emergency contraception pill can be purchased at any pharmacy without a medical referral or prescription.

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

Medical assistance and treatment (including medical examinations, tests and treatments) are free of charge in public hospitals. Please be aware that private hospitals may expect you to pay for their intervention.

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.

Public prosecutor investigations in Paraguay – what to expect

Once you have made a statement and undergone a medical examination, the information will be sent by the police to the prosecution investigating the case.

If the prosecutor asks you whether you want to show them the scene of the crime or where you think the attacker could be located for identification purposes, it is completely your decision. There is no obligation for you to do so.

If a suspect is brought to the station, you might be asked to make an identification.

If the police make an apprehension of a suspect, the prosecution will be notified within six hours of the arrest. They have will have 24hs to meet the suspect and take the suspect’s statement before deciding whether to prosecute or not, and take him/her in front of a judge.

The judge will take the suspect’s testimony and decide whether to either:

• refer the case to further investigation to the relevant authorities who will either detain the suspect in custody or release them on parole pending trial
• release the suspect if they believe there is insufficient evidence to prosecute

You are free to leave the country whenever you like. However, you should be aware that doing so before confirming your statement in front of the judge or prosecutor, might result in authorities closing the investigation. After you have confirmed your statement, there is no absolute requirement for you to stay in Paraguay while the legal process develops.

Court procedures – what to expect

If a suspect is ordered to undergo an oral trial, you will usually be expected to testify in court in person. However, if you have already returned to the UK, you can request in advance that the prosecutor or judge allow you to testify virtually in court. A lawyer can advise you further on this matter.

After you have ratified your statement, it becomes an automatic state prosecution, meaning the Prosecution will have the power to investigate even if this is not your wish.

Paraguayan judicial procedures can be lengthy and drawn out especially if your attacker is not immediately identifiable and/or arrested soon after the assault. A prosecutor is principally in charge of leading the investigation into the assault. At the end of the investigation phase when all necessary reports and statements have been completed, all this information will be presented to the judge in charge of the investigation, who will decide whether there is enough evidence for the case to go trial. If so, the case will be passed to a trial court.

The trial will be conducted in Spanish and you should be provided with an interpreter when you are asked questions about your statement.

Cases can take years to come to trial, as the Paraguayan court system is often very slow. If you haven’t heard anything from the court from some time, this does not necessarily mean that the case has been filed. The length of the trial itself can also vary depending on the complexity of the circumstances.

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 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).