Guidance

USA: Information for victims of rape and sexual assault

Updated 20 December 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 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 international emergency number on 911
• contact your tour operator if you are travelling with one
• contact your nearest British embassy or consulate

British Embassy Washington D.C. +1 (202) 588 6500

District of Columbia, Delaware, Maryland, Virginia or West Virginia

British Consulate-General Atlanta +1 (404) 954 7700

Atlanta, Alabama, Georgia, Mississippi, North Carolina, South Carolina or Tennessee

British Consulate-General Boston +1 (617) 245 4500

Connecticut (ex Fairfield County), Maine, Massachusetts, New Hampshire, Rhode Island or Vermont

British Consulate-General Chicago +1 (312) 970 3800

Colorado, Illinois, Indiana, Iowa, Kansas, Kentucky, Michigan, Minnesota, Missouri, Nebraska, North Dakota, Ohio, South Dakota and Wisconsin

British Consulate-General Houston +1 (713) 210 4000

Texas, Arkansas, Louisiana, New Mexico or Oklahoma

British Consulate-General Los Angeles +1 (310) 789 0031

Southern California, Nevada, Arizona, Hawaii, Utah, Guam, Northern Mariana Islands or American Samoa

British Consulate-General Miami +1 (305) 400 6400

Florida, Puerto Rico or the U.S Virgin Islands

British Consulate-General New York +1 (212) 745 0200

New York, New Jersey, Pennsylvania or Fairfield County in Connecticut

British Consulate-General San Francisco +1 (415) 617 1300

Northern California, Alaska, Idaho, Montana, Oregon, Washington or Wyoming

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 the United States:

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 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.

If you do not want to report the incident to the police in the United States

The British embassy or consulate 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.

The British embassy or consulate can direct you towards a medical facility and to the local bar association if you chose to appoint legal representation.

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.

If you choose not to 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 many countries, you need to report the crime before you leave the country, if you want it to be investigated and for 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.

Reporting the crime in the United States – what happens next

The laws and procedures regarding rape and sexual assault vary from state to state.

In most states, specific law enforcement officers are trained to support victims of sexual assault. Many law enforcement agencies have Sexual Assault Response Teams (SARTs), which coordinate a response to sexual assault with medical, law enforcement and support groups.

Once you report the incident to a law enforcement officer, you can decide whether you would like an investigation, a process referred to as ‘pressing charges’. The decision to press criminal charges is up to the prosecuting attorney and depends on how strong your case is. Even if you choose not to be involved, the case may still be investigated by law enforcement and prosecuted if there is sufficient evidence.

There is no limit on when you can report a crime to police. However, in many states, there is a limit on when charges can be filed and a case can be prosecuted.

DNA evidence from a crime like sexual assault can be collected from the crime scene, but it can also be collected from your body, clothes, and other personal belongings. You can choose to have a sexual assault forensic exam, sometimes known as a rape kit, to preserve possible DNA evidence and receive important medical care. You do not have to report the crime to have an exam, but it gives you the chance to safely store evidence in case you decide to report at a later time. By law, you should not need to pay for a sexual assault forensic exam.

If you are aged under 18, the person performing the forensic exam may need to report it to law enforcement.

Find your nearest location that performs sexual assault forensic exams by calling the National Sexual Assault Hotline at 800 656 4673.

Medical Treatment

You should seek medical treatment following a sexual assault by visiting any hospital or urgent care facility.

They may ask you for your travel insurance details if you have some for payment purposes. Most states have victim compensation programs that can help pay for medical treatment and other expenses you might have.

If you are under 18, the person performing the exam may need to report it to law enforcement.

As well as other forms of medical care, you may be offered:

• prevention treatment for sexually transmitted Infections (STI’s)
• emergency contraception
• HIV PEP medication - ‘Post-exposure prophylaxis’ a treatment that can prevent HIV infection

You must take HIV PEP medication within 72 hours of the incident for it to be effective. The NHS may be able to start or continue the 28 day treatment on return to the UK.
You must take emergency contraception within 72 hours of the incident for it to be effective.

If you have had medication administered overseas, 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.

Court procedures – what to expect

Many sexual assault cases are resolved through a plea bargain. A plea bargain is an agreement between the prosecuting attorney and the suspect’s attorney, where the suspect agrees to plead guilty in return for a reduced penalty such as a lighter sentence. In most jurisdictions you should be consulted before the prosecuting attorney accepts the plea. This course of action may mean that you will not have to testify in person.

Criminal cases can take months or even years to be concluded. If you need to return home to the UK, please let the investigating officer and the prosecuting attorney know before you depart the US and provide them with a way to contact you when you get back to the UK.

If the case goes to trial, it will be tried in a criminal court, and you will generally be asked to testify. Some aspects of state and federal law are designed to protect the interests of victims who participate in a trial. For example, a ‘rape shield law’ limits what the defence can ask you about your prior sexual history. The prosecuting attorney can also file legal motions to try to protect you from having to disclose other personal information. All states have their own rules and resources for protecting participants in a trial.

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	Where to get help
England	Get help and advice on the NHS website: Help after rape and sexual assault - NHS (www.nhs.uk)
Wales - New Pathways Cardiff and Vale	New Pathways SARC: phone 01685 379 310, Sexual Assault Referral Centre (SARC) » New Pathways , Ynys Saff Sexual Assault Referral Centre - Cardiff and Vale University Health Board (nhs.wales)
Northern Ireland	Rowan SARC Northern Ireland: phone 0800 389 4424, Sexual Assault Referral Centre - The Rowan
Scotland	Sexual Assault Response Coordination Service (SARCS), email: CMOTaskforce.secretariat@gov.scot

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.

If you return home to the UK before the case is concluded, the prosecuting attorney may ask that you return to testify at trial. If that happens, you should be reimbursed by the jurisdiction for your expenses.

Support organisations in the United States:

It is your choice to let people know. If you are ready to talk about it, this American Support organisation may be able to help you:

RAINN: Rape, Abuse & Incest National Network
Telephone: 800 656 4673

RAINN offers advice & guidance about the laws in each State.

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).