Antigua and Barbuda: information for victims of rape and sexual assault
Updated 12 June 2023
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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 emergency number on 911
- contact your tour operator if you are travelling with one
- contact the British High Commission on +1(246) 430 7800. 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 Antigua
There is no risk for you in reporting the crime to the local police.
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 High Commission on +1 246 430 7800 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.
The police are there to help you. You should give them as much detail as you can remember, such as:
- where you were
- who was there
- what you were wearing
- what the other person was wearing
If some details are unclear, or you do not remember, you can say that to the police.
Tell the police if you think you have been drugged. Ask for a copy of the police report, and request a translation in English if applicable.
You can speak to either male or female police officers. The local police lead investigations. Police will collect physical and testimonial evidence, which may include:
- the clothing worn during the crime
- medical examination
- a detailed account of the incident
The police will keep any clothing and physical evidence which could be used as evidence.
The local police will inform the British High Commission of the assault. When the British High Commission is notified, a consular officer will try and contact you as soon as possible. You can also contact us.
You will not need to hand over your passport during the investigation.
You do not need a lawyer. The Department of Public Prosecutors office conducts the prosecution. However, if you wish to speak to a lawyer for independent legal advice, you can contact a private lawyer.
If you do not want to report the incident to the police in Antigua
The British High Commission 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 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, but if you don’t report it, your case may not be investigated.
You do not have to report the crime in country, however, the local police recommend you report the crime in country to preserve the best evidence possible. It may also be difficult for local police to investigate the crime if not reported whilst in country.
If you do not report the crime you are still able to seek medical attention from either public or private medical facilities. Also, the Gender Affairs Division is able to provide assistance. With your consent, a sexual assault kit will be completed and stored, until you decide if you want to proceed with legal action.
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 the British High Commission on +1(246) 430 7800, of 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.
The medical examination: what to expect
When the crime is reported to the police, local tour operators / police will accompany you to the hospital. However, the consular section at the British High Commission can arrange to see you at your earliest convenience with your consent. If you have not sought medical attention and would like to do so we can help make arrangements. We can also contact friends and family on your behalf and any organisations that may be able to provide assistance.
After the crime is reported to the police, CID officers are contacted and the examination is conducted at the health centre located in the area where the offence took place. However, the doctor may ask to use the public hospital facilities.
If you go to the public hospital, the results of the medical examination will be automatically reported to the police if the crime has already been reported. If the crime has yet to be reported the hospital may call the police on the victims behalf.
The District Medical Officer located in the area in which the incident occurred will carry out the examination. A physical examination will be conducted, lab and blood samples taken and a rape kit (steps 1 to 14) along with any other necessary examination as determined by the medical practitioner. Photographs may be taken of any injuries you might have.
Treatment
Hospital medical staff and the Infection control department can give advice on HIV PEP medication (‘Post-exposure prophylaxis’, a treatment that can prevent HIV infection). PEP is available locally through the clinical care co-ordinator assigned to your case. It is both medically prescribed and closely monitored.
HIV PEP medication must be taken within 72 hours of the incident for it to be effective. The NHS may be able to begin or continue the 28 day treatment on return to the UK.
You can access emergency contraception through the Antigua & Barbuda Family Planning Association, for a small fee. A prescription is not required for this medication.
Emergency contraception needs to be taken within 72 hours of the incident for it to be effective.
If you have insurance, you or your insurers are responsible for meeting the cost of hospital treatment and any tests.
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 can inform your local health provider know when you return to the UK.
Police investigations in Antigua: what to expect
The Police will not take you back to the scene of the crime, unless ordered by the judge presiding over the case in unique circumstances.
You will normally be asked to identify the perpetrator through an identification (ID) parade. Your identity will be protected.
You will usually be allowed to leave the country after the case is filed.
It is the mandate of the police to complete the investigation within 3 to 4 months, at which time the case would appear before the public prosecutor. After this, the case will enter the committal stage at the Magistrate Court for assizes.
You will need to go before the public prosecutor to make a statement in court once the matter is being heard. The lawyers cannot do this. Your lawyers have access to the victim/case notes at this stage, however, all requests for notes are made through the Commissioner of Police.
Court procedures: what to expect
You will need to testify in court during the trial. If you have left Antigua, you will need to return to the country to give testimony.
You’re entitled to be kept up to date about your case. You can ask for updates through the British High Commission or local police. Hiring a lawyer can protect your legal interests within the justice system, but you do not need to have one.
When you have given your statement there is generally no need to give an additional statement.
You can drop charges after they have been filed without any legal consequences. The charge of rape is not automatically prosecuted by the state. The prosecution can also drop the charges depending on the evidence presented.
The perpetrator cannot press counter charges.
Trial procedures
There is no set time to determine when a trial will be started, however you will be informed once a date has been set for hearing. It may be a long time before a trial date is set. The trial will be conducted in English.
You do not need to attend every court session but could potentially be called for the committal hearing (pre-trial hearing). The trial may be the only required stage when you must attend. You must return to Antigua to give testimony.
If you are required to travel to attend trial in person from where you live, the Antiguan authorities may assist with travel and accommodation arrangements but no other support will be provided.
It can take approximately 2 to 3 years for a case to come to trial. The trials length is dependent on multiple factors which mainly involve the defendant. If there is a point of law or an occurrence during the trial the defendant may have the right to appeal. There are 2 appellant levels to which the defendant could be heard.
Lawyers in Antigua who specialise in criminal law can provide assistance in rape and sexual assault cases.
Legal Aid
Legal aid is not available for victims, as a lawyer is not required.
Communication
The Director of Public Prosecutions office will communicate with you at different stages of the proceedings, such as to inform of trial date and to arrange for testimony.
If you are not in Antigua then the Director of Public Prosecution’s office will still maintain contact. The Consular Section at the British High Commission can also follow up on your behalf to provide updates.
Sentencing
The perpetrator in this type of crime would be guilty of a ‘crime against the person’.
Sentences for this type of crime are weighted in favour of punishment. Judges can sentence the perpetrator to go to prison, if they are found guilty.
If the alleged perpetrator is found not guilty, they are released.
Compensation
The courts cannot order the offender to pay compensation in the criminal court, however, civil court has the ability to do so once the case has been tried in the criminal court.
There is no state-funded compensation scheme for persons who have suffered injury as a result of a sexual or violent crime.
When you return to the UK
You may want to inform your GP or a Sexual Assault Referral Centre (SARC) what has happened to you, so that you can talk about the experience and seek further support and advice where you live.
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.
England
Get help and advice on the NHS website: Help after rape and sexual assault - NHS (www.nhs.uk)
Scotland
Archway SARC: phone 0141 211 8175
Wales
New Pathways SARC: phone 01685 379 310
http://www.newpathways.org.uk/sexual-assault-referral-centre/
Ynys Saff Sexual Assault Referral Centre - Cardiff and Vale University Health Board
Northern Ireland
Rowan SARC Northern Ireland: phone 0800 389 4424
Support organisations in Antigua
It is your choice to let people know. If you are ready to talk about it, these organisations may be able to help you.
The Directorate of Gender Affairs
Friendly Alley & Nevis Street
St. John's
Antigua W.I.
Tel: +1 268 463 5555 (24 hours a day)
Quality care and services to all victims of gender-based and sexual violence from a holistic and client-centred approach.
Disclaimer
This information is provided by the British Government for the convenience of enquirers, but neither His Majesty’s 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. This information is not intended to be a substitute for professional medical or legal advice.
Medical information has been provided by The Havens Sexual Assault Referral Centres of Kings College Hospital NHS Foundation Trust and The Rowan SARC NI and was accurate at the time of production.