Guidance

Poland: information for victims of rape and sexual assault

Published 29 September 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 people overseas make informed decisions about whether and how to:

• seek medical advice and attention
• make a 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:

• call the international emergency number in Poland which is 112. If you call this number you can receive around the clock immediate assistance from any emergency service in Poland
• contact your tour operator if you are travelling with one
• contact the British Embassy in Warsaw. 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 and only with your consent.

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

If you have a tour operator, they should be able to arrange for someone to support you. If you don’t have a tour operator and you are in an area where there is the British Embassy or local 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 contact the police directly, you can also request notification of the nearest British embassy or consulate at +48 22 311 0000 for 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 such evidence. If you change your clothes, consider taking those you wore during the assault to the police. You may wish to preserve evidence by retaining items such as condoms, toothbrushes, or texts.

If you decide to report the incident, the police will interview you and you can request to speak to a female officer. There is no guarantee that a female police officer will be available or that you will be given somewhere private to wait. The police will locate an interpreter for you if you do not speak Polish, but you will usually have to wait some time for one to be available once requested.

You should insist on a police report with a police reference number and police contact details so that you can follow up later. You should request a translation in English. You should be aware that police officers have varying experience and you may come across one with less training and/or experience, thus all the more important it is to know your rights.

Some British nationals have informed us that they found the process of reporting an assault to be difficult at times due to cultural and language differences, Polish police officers can use technical language and may seem to lack empathy when taking statements.

You do not incur any risks when reporting a rape or sexual assault if under the influence of alcohol or drugs. You should tell the police if you think you have been drugged.

You will be asked to show formal identification such as your passport. The document will be returned to you as soon as your identity has been established.

By law, the police must register a report of a sexual assault. There are a few possible ways of reporting:

• in person at any police station in Poland

• sending a notice by regular post

• directly at the Prosecutor’s Office

• by telephone

Local law on rape and sexual assault

The Polish Criminal Code defines two forms of rape: (zgwałcenie):

• leading another person by violence, unlawful threat, or deceit to have sexual intercourse (Article 197 § 1 of the Criminal Code).

• leading another person by violence, unlawful threat, or deceit to submit to or perform another sexual act (Article 197 § 2 of the Criminal Code).

The perpetrator may receive heavier sentencing for certain acts, if they are found guilty.  These include gang rape, rape of a child under 15 years old, incestuous rape (rape by another close family member of your family) or rape with particular cruelty.

In Poland, the law still requires coercion, force or threats of force for a crime to be considered rape.

Sexual assault may also mean other acts in addition to intercourse with penetration. Under the Polish Criminal Code, any deliberate act carried out by the perpetrator to satisfy their own sexual need against the will of another person constitutes rape. This may include penetrative acts, including mouth or anus, or direct touching of intimate parts.

Rape and sexual assault is punishable by law regardless of the gender, sexual preference or marital status or relationship of the perpetrator.

In current regulations, rape is a crime prosecuted ex officio. This means that any person who becomes aware that rape may have occurred can report it to law enforcement authorities: the police or public prosecutor’s office. In addition, anyone who learns that a minor has been raped should inform the guardianship court.

Once an assault is reported, all necessary steps of criminal proceedings will be taken, even if subsequently waiving prosecution. If you choose to drop the charges, the criminal proceedings will continue regardless, until the case is closed by the authorities.

Reporting the crime to Polish police – what to expect

During the interview with the police, you will be asked questions to help them conduct their investigations. This could include making a statement about the incident and giving a description of the perpetrator(s).

When reporting an incident, the police must draft a protocol.

The protocol is a document that includes:

• date on which it was drafted
• the date the offence was committed
• details of the victim
• description of facts surrounding the offence
• description of the perpetrator, including personal details, if known to the person making the report

To note, the rape victim is questioned only once before a court and in the presence of an expert psychologist. See the ‘Interviewing the victim’ section for more information.

If you report the incident at the police station yourself, you only need to report the main facts and evidence.  This is because you will be interviewed in detail at the court later on.

It is important to read the report carefully before signing it. If the officer’s description of the incident differs, you have the right to request corrections before signing it. You do not have to sign something which isn’t factual or that you do not understand.

Evidence such as clothes and underwear you worn during an assault and other items that the offender touched will be retained. This will help the police to gather evidence and build a criminal case.

Electronic equipment such as mobile phones and tablets may also be taken temporarily to secure data that could serve as evidence in an investigation and court case. The relevant data is normally copied by forensic experts (police). Electronic devices might be taken for some time, such as 1 to 2 weeks. Usually, once data is copied, devices are returned. Inform the office if you need a device or if you are leaving the country so that the police copy the relevant data urgently.

If a suspect has been subject to pre-trial detention and that detention was revoked, not renewed, or changed to another non-custodial preventive measure, you should be notified immediately by the public prosecutor or the court.

If you change your address or are abroad during ongoing criminal proceedings, it is your duty to notify the police, public prosecutor’s office or court and provide a new address for service. If you fail to do so, all correspondence sent to your previous address shall be deemed to have been served.

Medical examination

Medical examination is an important part of a police investigation. The police will arrange for you to be taken to a hospital for a medical check.

Alternatively, even if you have not yet made a report to the police, you can immediately go to the nearest emergency room (a so-called SOR; Szpitalny Oddział Ratunkowy) or other medical facility for a medical examination.

The examining doctor will issue a document confirming intercourse (vaginal, anal or oral), take DNA samples and carry out any other necessary tests. This document can be used as evidence in criminal investigations and can be issued by any medical facility.

If you go to a private doctor and pay for an examination, you can submit a request for reimbursement of examination costs during court proceedings (see below). Keep your receipt or details of the bank transfer with the transaction description. Examinations by a medical facility referred to by the police are free of charge.

As a rule, hospitals do not report examination results to the police without victim consent. However, there are several exceptions:

• if the doctor acts at the request of the police (the police referred you to a doctor), the doctor is exempt from medical confidentiality and will provide all the examination results necessary to the investigation
• if the doctor finds that the perpetrator of the sexual violence was a family member, partner or other person in a common household, suspicions will be reported to the police or public prosecutor
• if the victim of a sexual assault is a minor they will report this to the family court

The examination of a person under age 18 requires consent of the legal guardian and examination of a person over 16 also requires consent of that person.

If a public prosecutor issues an order for such an examination, consent of the legal guardian is not required. This is particularly the case if the perpetrator is the child’s legal guardian.

A female victim should be given full information about the risks of pregnancy by the doctor conducting the initial examination and is given information about available birth control for use after intercourse and the ability to obtain it.

Treatment

It is strongly advised you see a doctor as soon as possible, no later than 48 hours after the assault, even if you choose not to report it.

A doctor will be able to help in case of any possible complications with your physical health. You will also be provided any needed tests including the HIV and for other sexually transmitted diseases.

If there is a chance of pregnancy following a sexual assault, a doctor will also be able to prescribe a “morning after pill” within 72 hours after the incident. You cannot purchase the pill without the doctor’s prescription.

If you are not planning to stay in Poland, it is still advised to carry out all necessary tests. You are also advised to provide the email address to which your test results and contact your GP right away after you return to the UK.

If you decide to stay in Poland longer, a GP in Poland should provide you with any further treatments.

If you have had medication administered overseas, you should keep its label or note of the name of the medication for your local health provider when you return home.

HIV PEP medication must be taken within 72 hours of an incident for it to be effective. The NHS may be able to commence or continue the 28-day treatment upon return to the UK.

Remember that if you see a doctor and the doctor refuses to write a prescription for emergency birth control claiming a ‘conscience clause’, medical staff are obliged to refer you to any other doctor to provide you a prescription.

Termination of pregnancy

Currently, abortion is possible in Poland only in two cases: if pregnancy poses a threat to the life or health of the woman or if pregnancy is the result of an offense (rape, incest).

Whether a pregnancy is the result of an offense and can be terminated is determined by the public prosecutor. In the case of women who are minors, parents, legal guardians or a family court must consent to pregnancy termination in each case. If a minor is over 13, her written consent is also required.

If it turns out that you are pregnant after an assault and wish to end the pregnancy, it is therefore necessary to obtain a certificate from the public prosecutor stating that there is a reasonable suspicion that the pregnancy resulted from a criminal offence. Under current regulations, the public prosecutor in Poland does not have a specific deadline for issuing a certificate authorising termination of pregnancy resulting from rape. On the other hand, pregnancy can only be terminated within the first 12 weeks.

Persons covered by social insurance have the right to terminate a pregnancy free of charge in a public healthcare facility.

Interviewing the victim

As stated, examination of the victim to take testimony should, by definition, take place only once, so as not to expose the victim to repeated negative experiences and trauma.

The court conducts a session in which the prosecutor, defence counsel for the accused, victim’s attorney and psychological expert may participate (you may request appointment of an expert of the same sex). If you do not speak Polish, the court will ensure the presence of an interpreter.

A hearing of the victim is never held in the presence of the suspected offender.

If the victim is a minor under the age of 15 at the time of the hearing, timing and duration of the hearing should consider the needs of his/her age, need for the psychological expert to communicate with him/her before the hearing and need for interruption of the process.

A hearing of the victim should take place within 14 days of receipt of request for a hearing (if you agree, a later hearing date may be set).

In exceptional circumstances, you may be interviewed a second time. You can make such a request yourself or it may be made by the prosecutor or the accused. Assessment of whether such a request is justified is left to the court.

Questioning is recorded by means of audio and video recording equipment. However, a hearing may be conducted by videoconference should it be necessary to take further evidence from the victim. Furthermore, all questioning will be recorded and replayed at the main hearing. In exceptional situations, the court may order additional questioning, which may be conducted by teleconference without confronting the victim with the accused in the courtroom.

Polish police normally will not inform UK police about the assault, and usually will not undertake police checks of you as the victim. Once evidence has been collected, the case file is sent to the prosecutor assigned to the case to decide on the further course of action (e.g. press charges, discontinue the investigation).

Indictment, further investigation, or discontinuation of the investigation

After reviewing all evidence, the public prosecutor decides on the case and interrogates and charges the person suspected of the act if identity has been established.

If the public prosecutor is satisfied that there is reasonable suspicion that a person committed a crime and evidence gathered in the case is complete, an indictment is drawn up against the offender with a call to try the offender or to sentence him/her without trial.

You will be informed by the prosecution that an indictment has been brought to court and instructed on how to apply to continue acting as an auxiliary prosecutor (as a victim you can act alongside the public prosecutor with rights of a party to proceedings).

As an auxiliary prosecutor, you can actively participate in court proceedings alongside the public prosecutor. An auxiliary prosecutor has all procedural rights provided by law for a party such as filing new motions for evidence, right to examine witnesses, claim for damages, or right to appeal the court’s judgment if not satisfactory to the victim.

If the public prosecutor considers evidence gathered in the case to be incomplete and must be supplemented, the case file will be returned to the police to look for new evidence and carry out other necessary actions.

If the public prosecutor determines that evidence collected in the case is insufficient to draw up an indictment, a decision to discontinue proceedings will be issued. Such decision may be appealed. A complaint must be lodged within 7 days from the date of delivery of a copy of the decision discontinuing proceedings (the victim as a party to proceedings will always receive such a decision and does not have to request it).

The court may uphold the appealed decision or revoke it and refer the case to the prosecutor for further clarification of circumstances of the case.

If the prosecutor again issues a decision to discontinue an investigation, this decision is subject to appeal to the superior prosecutor.

If a decision appealed for the second time is upheld by the superior prosecutor, the victim has one month to file a so-called “subsidiary indictment” in court. A subsidiary indictment must be drafted, signed and brought by an attorney or an attorney-at-law.

Rape and Sexual Assault cases are complex and you may find it difficult to navigate in the local system. You can consider applying for a legal aid lawyer or appoint a private lawyer to represent you during investigation or court proceedings. A private lawyer can also obtain updates for you and provide you more detailed information about the case.

You can check the List of lawyers in Poland on gov.uk.

Damages

Although the main objective of criminal proceedings is to bring the perpetrator of the crime to justice as soon as possible, it is possible to already claim damages during the criminal trial, without the need to initiate new proceedings before a civil court. A suitable motion may be filed by the auxiliary prosecutor by the end of the judicial proceedings at the main trial (zamknięcie przewodu sądowego).

Failure to submit such an application does not close the victim’s path to compensation and/or reparation, as a suit for damages may also be brought before a civil court.

Court proceedings – what to expect

As a victim you have the right to take part in a trial, but you will have limited rights. If you are an auxiliary prosecutor you are involved in proceedings and have the right to ask questions, submit evidence and appeal the verdict.

A victim or auxiliary prosecutor may participate in court proceedings on their own or be represented by an attorney (adwokat) or an attorney-at-law (radca prawny). If you are unable to cover fees of a lawyer of your choice or the costs of proceedings, you can apply for a legal aid lawyer and/or exemption from court costs. These applications can also be submitted in writing or orally to the court.

If the indictment isn’t missing anything, the court sets a hearing date and notifies all parties to proceedings. Proceedings are regulated by criminal procedure rules. A trial begins with a calling of the case and verification of the presence of the parties and summoned persons. The indictment is then read out and evidentiary proceedings begin during which evidence is presented.

Before the indictment is read out at the first hearing, you have a final chance to apply (even orally for the record) to be allowed to participate in the case as an auxiliary prosecutor.

At the hearing, the accused has the right to defence in the manner considered best. He or she may therefore deny facts, question witnesses or make submissions for evidence. In his/her defence, the accused may lie and this will not be considered an offence.

Evidence is then taken in the case, including an examination of summoned witnesses and parties to proceedings. Witnesses and the victim must testify truthfully under penalty of perjury. The victim may also give evidence again. As a general rule, the accused has the right to be present at all acts of evidence, but the victim may ask the court to order the accused to leave the room while being heard if feeling uncomfortable in the presence of the accused.

If you are in the UK on the trial date, you can participate in the hearing online. You should be present online with your camera and microphone on.

After all evidence has been taken, the court determines whether the parties have any further requests for evidence. This is the last moment to submit not only evidentiary submissions, but also to request damages. When the parties state that they do not make any further motions, the court closes the hearing and requests final statements. The last statement is given by the accused.

If you wish to have consular staff accompany you to court, we can assist. However, we can only be present when you confirm your statements, if allowed by the judge. If you requested a legal aid lawyer or have a private lawyer with you, this person would be allowed to accompany you at all times. You are not obligated to hire a lawyer. However, the most reliable way of ensuring that your rights are fully protected is to appoint a lawyer. A list of English-speaking lawyers is available on our website.

Appeal proceedings

A judgment issued by the first instance court may be appealed by any party to proceedings in the belief that it was issued in breach of law. The first necessary stage is filing of a motion for preparation and delivery of a written justification for the judgment within 7 days from the date of its announcement. When you receive the judgment with a written justification, you can file an appeal within 14 days from the date following receipt.

An appellate court may uphold a judgment, modify it or set it aside in its entirety for a retrial. You should be aware that setting aside a judgment generally means a retrial before the first instance court.

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

The British Embassy Warsaw will still be able to help you. This includes helping you to make arrangements to contact your insurance company, your family and travel back to the UK and/or provide you information on local support in the UK. We can provide you lists of English-speaking medical facilities, private lawyers and translators.

If you do not want to report an incident to the police, but you decide to undergo a medical check in Poland, consular staff can help you find the nearest clinic and accompany you to the medical facility depending on location and consular staff availability. A hospital should treat you in confidence subject to cases where the doctor is legally required to provide information to appropriate authorities (i.e. domestic violence, crime against a minor)

If you are travelling with a tour operator, you can report the incident to your representative and request assistance. Where possible and if you wish, the tour operator can accompany you to the local hospital/medical centre. Otherwise, depending on your circumstances consular staff may be able to do so depending on availability.

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

Support available to you, and your access to justice may vary depending on where you report a crime. In many countries, you must report a crime before you leave the country, if you want it to be investigated and the police to obtain important evidence.

If you are staying in the country where the crime took place, you should report it in that country. If you are a British national and you need help to report a 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 a crime in the country where it took place and you return to the UK, you can still report the matter to your local UK police.

UK police should send the information you provide to the country where the crime occurred. However, it is for foreign police forces to decide whether to investigate a crime in their jurisdiction no action may be taken.

You can report a 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 may be necessary to protect vulnerable people, or to help stop more crimes being committed.

Support organisations and useful contacts in Poland for victims of sexual assault

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

If you are a permanent resident in Poland you can also apply for social assistance including psychological or legal support. Please visit the government website to find out if you are eligible.

If you are in need of psychological help, you can either immediately go to psychiatric clinic or contact non-governmental organisations for support:

• Women’s Rights Centre: non-governmental organisation helping women, whose rights were breached, especially victims of any kind of violence. Depending on the location in Poland, support includes psychological help, assistance during investigation and court proceedings, shelter, 24-hour helpline, social help, support groups and career advice. ul. Wilcza 60 lok. 19 00-679 Warszawa Telephone: +48 22 622 25 17 Mobile telephone number: +48 509 790 232 e-mail: sekretariat@cpk.org.pl

• Feminoteka: non-government organisation helping women who have become victims of sexual assault. ul. Konrada Guderskiego 3/96 (communal entrance number IV) 03-982 Warsaw Poland E-mail: fundacjafeminoteka@gmail.com

• Crisis Intervention Centres - provide comprehensive psychological assistance to people and families in crisis situations with specialist assistance at the Centre’s headquarters and place of stay, conduct telephone interventions, and depending on needs - social or legal counselling.

Support organisations and useful contacts in the UK

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.

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 website, or search the internet for ‘NHS SARC’ Rape and sexual assault referral centres
Scotland	Archway SARC: phone 0141 211 8175 What is Archway
Wales	New Pathways SARC: phone 01685 379 310 New Pathways - Sexual Assault Referral Centre (SARC) Ynys Saff Sexual Assault Referral Centre - Cardiff and Vale University Health Board
Northern Ireland	Rowan SARC Northern Ireland: phone 0800 389 4424 The Rowan - Sexual Assault Referral Centre

Glasgow & Clyde Rape Crisis (GCRC)

Helpline & free phone: +44(0)8088 00 00 14

Glasgow & Clyde Rape Crisis Centre is a support service for women and girls aged 13 and over who have been raped, sexually assaulted or sexually abused at some point in their lifetime. Live Online Support is an online service that gives British survivors of sexual violence access to UK-based real time support from anywhere in the world, via Skype, FaceTime, Instant Messenger and email: support@rapecrisiscentre-glasgow.co.uk.

Opening hours: 11am to 2pm UK time. Monnday to Thursday: 5.30pm to 7.30pm UK time.

Rape Crisis England and Wales and Rape Crisis Scotland

Local rape crisis centres provide crisis and long-term specialised counselling, support and independent advocacy for all women and girls of all ages who have experienced any form of sexual violence; centres are community-based, and independent of government and the criminal justice system.

Rape Crisis England & Wales and Rape Crisis Scotland are the national umbrella organisations for rape crisis centres in Great Britain.

Rape Crisis England and Wales

Free phone: +44(0)808 802 9999 (daily midday to 2.30pm and 7pm to 9.30pm)

Rape Crisis Scotland

Free phone: +44(0)141331 4180 (daily 6pm to midnight)

Nexus Northern Ireland

Nexus NI offer counselling and support to survivors of sexual abuse, victims of sexual violence, including those who have experienced rape and sexual assault. Counselling is available for anyone aged 16+ in 25 centres across Northern Ireland.

Nexus Northern Ireland

Belfast +44(0)28 9032 6803
Londonderry +44(0)28 7126 0566
Enniskillen +44(0)28 6632 0046

The Survivors Trust

The Survivors Trust is a UK-wide national umbrella agency for 130 specialist organisations for support for the impact of rape, sexual violence and childhood sexual abuse throughout the UK and Ireland. Tel: +44(0)808 801 0818.

Women’s Aid

Women’s Aid are available 24/7 on +44(0)808 2000 247.

Victim Support

Victim Support is an independent charity dedicated to supporting victims of crime and traumatic incidents in England and Wales. Their purpose is to provide specialist help to support people to cope and recover to the point where they fell they are back on track with their lives. Call them on +44(0)808 168 911.

Lifecentre

Lifecentre is a telephone counselling service for under-18s survivors of sexual abuse and those supporting survivors. Contact them on +44(0)1243 786349.

Mankind

Mankind provides one-to-one counselling, therapeutic groups and couple counselling to male victims of sexual assault (age 18+). Contact them on +44(0)1823 334244.

Survivors UK

Survivors UK have a national webchat service for men and their families, partners and friends. They open seven days a week and can be accessed through their website. Alternatively, you can Whatsapp them on +44(0)74 91816064 or contact their office on +44(0)203 5983898.

Disclaimer

This information is provided as a general guide and is based upon information provided to the British Embassy by the relevant local authorities and may be subject to change at any time with little or no notice. Accordingly the Foreign, Commonwealth & Development Office and the British Embassy will not be liable for any inaccuracies in this information. British nationals wishing to obtain any further information must contact the relevant local authority.