Guidance

Information for victims of rape and sexual assault in Mexico

Published 5 July 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 decisions about whether and how to seek medical advice and attention; report to local police; and 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 to 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 on 911 to request an ambulance or police support

• contact your tour operator if you are travelling with one

• contact your nearest British Embassy or Consulate in Mexico:

Embassy staff will be polite, patient, sensitive 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 Mexico

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 and you are in an area where there is a British Embassy or consulate, they will try to send a consular officer to support you.

If you approach the police directly, you can also ask them to inform the nearest British Embassy or Consulate.

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

You can request to speak to a female officer, but may have to speak to a male one if no female officer is available. When you report the incident to the police, you have the right to use an interpreter. You must request the interpreting service and this should be free of charge. We recommend a Spanish–speaking person accompany you. Translators aren’t always immediately available. If neither is an option, Embassy staff may sometimes accompany you. We can be with you during the interview; however, we cannot act as interpreter.

You will not have to surrender your passport whilst any investigation is carried out. The police will take a copy of it.

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

The British Embassy or consulate will be able to help you. This includes helping you make arrangements to contact your insurance company, your family, 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 a tour operator you can report the incident to them and ask for assistance. Where possible and if you wish, the tour operator may accompany you to the local hospital. It is your choice on whether to report the crime, but if you do not report it, your case will not be investigated. If you choose to report the crime, you must report it while you are in Mexico and in the city where the incident happened for it to be investigated.

If you do not report the crime to the local police, you will not have to go through the forensic examinations, but you will still be able to get medical attention and you should go to the nearest hospital, local doctor or gynaecologist.

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

It is possible to report the crime to police in the UK. However, UK police forces cannot investigate crimes committed overseas. If you do not report the crime in the country where it happened there is no guarantee that an investigation will take place as the police force in that country have full jurisdiction.

Foreign police forces can decide to request assistance from the UK police, however, this can be a very lengthy process and requires cooperation from both countries. Read Rape and Sexual Assault: Returning to the UK. for more information.

Reporting the crime in Mexico: what happens next

To report the incident, you should go to the local Public Prosecutor’s Office (Ministerio Público) and file a police report (denuncia).

Find your nearest Ministerio Público office.

You have to file a police report in person if you have been raped or sexually assaulted

File the report as quickly as possible, and where possible within 72 hours of the incident, to avoid losing medical evidence.

You can bring a trusted person with you to assist with translation when you file your report

The Public Prosecutor’s Office

This office is responsible for providing protective measures for victims of sexual violence or assault. They also conduct the investigation, present evidence to the judge, and keep the victim informed about the status of their case.

When you file a report of sexual violence or assault, you may be redirected to a unit specialized in sexual violence or assault either in the same building or in another location. Be aware that this procedure must be completed in person and it can take several hours

Translation

If you do not speak Spanish, you can request that a translator be provided by Mexican authorities. Depending on your location, it may take time for a translator to arrive. The British Embassy can provide a list of certified private translators that you can hire and pay for independently.

Police report

You must sign your police report. This is your official statement and will be used during your trial. The report will be written in Spanish. Review it carefully or have your translator or interpreter read it to you before signing.

Expert report

The prosecutor’s office may ask for your consent to order an expert report of the sexual offence that includes a medical-legal examination and a specialised psychological evaluation. Both evaluations are free and must be conducted by prosecution officials (experts). Mexican police will not accept reports from private hospitals. If you do not consent to the exams, your report may be dismissed.

Hiring a lawyer

If you decide to file a police report you must do so before leaving Mexico. Once the police report is completed and all necessary evidence collected, you may appoint a representative to act on your behalf once you have returned to the UK. To do this, you will have to sign a Power of Attorney. Your representative will be able to ask the authorities for details and updates on your case and submit documents on your behalf.

Your presence may be required by the authorities at any time during the legal process and you may be asked to return to Mexico.

The services provided by the Mexican authorities vary from state to state. In general, trials can last more than a year, depending on the investigations and the speed of the courts.

Medical examination

If you wish to report the crime, your examinations will have to be conducted by prosecution officials.

If you do not wish to report the crime, you can have a medical examination at any public or private hospital, though forensic evidence will not be collected.

When you report a sexual assault, the doctor will perform a psychological evaluation and a physical examination. They may also take blood or urine samples, and sometimes samples of hair. Photographs, and sometimes a video, of any injuries will be taken before, during and after the physical examination for evidence purposes, and with your consent.

With your permission, they may also ask to keep clothing, such as underwear or other items that could be considered evidence.

You can ask to be treated by a female or male doctor. You are also allowed to be accompanied by a friend or family member if you would like someone there to support you.

Treatment

It is possible that you may have been exposed to the HIV virus. You should go to the nearest hospital or visit a private doctor and request the “Post-Exposure Prophylaxis (PEP)”, a treatment that may stop HIV replicating in the body and so prevent the virus from attacking the immune system. More information on risks is available on the NHS website: www.nhs.uk/conditions/HIV

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

You can prevent an unwanted pregnancy with oral emergency contraception, available at any pharmacy.

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

Patients are expected to cover the costs of hospital treatment and tests.

If you have had medication administered in Mexico, you may wish to 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

Reporting the incident to the police: next steps

The Public Prosecutor will be in charge of directing and overseeing police intervention. The police can take the victim to the scene of the crime of where the victims thinks the attacker is located to try to identify and arrest the person, only if the victim agrees with this.

If the suspect is arrested and brought to the police station as part of the investigation, the victim will be asked to make an identification. The suspect can be held for 72 hours after which he has to either be charged or released.

Investigations into crimes in Mexico often take months or years and may go unresolved.

No criminal investigation is possible without a formal report to Mexican authorities. Reports must be made in person before leaving Mexico.

If during the investigation you decide that you no longer want to continue with the investigation, you should inform the public prosecutor.

You will be allowed to leave the country at any point, even if your case is not closed.

Trial and court procedures

Once you have reported the incident to the authorities and the required examinations have been undertaken, the Ministerio Publico will review your case. If an arrest has been made, the Prosecutor will either:

• start the trial

• refer the case for further investigation to a judge, who will either instruct the suspect’s imprisonment or release him/her on bail pending trial

• release the suspect if there is insufficient evidence to prosecute

Under Mexican law, rape is considered a serious crime and preventative detention can be considered by a judge. Preventative detention refers to the practice of detaining an accused individual before trial. If the judicial process starts, you may have to provide another statement and attend hearings, if and when requested. If you do not hire a private lawyer, you will be assigned a public defender free of charge.

If you do not speak Spanish, a translator will be provided by the court. You should inform them of this requirement in advance to allow them to make suitable arrangements. Consular staff will not normally be able to attend the trial with you.

You may wish to be accompanied by a friend or member of your family for the court hearings.

When you return to 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, even if you have been tested in Mexico.

Read our advice on returning to the UK following rape and sexual assault abroad

You may want to let your GP or a Sexual Assault Referral Centre know what has happened to you so that you can talk about the experience and seek further support and advice.

The UK police will not normally be informed of the incident by the Mexican police.

It is your choice to let people know. If you are ready to talk about what happened the following organisations may be able to help you.

Government organisations which offer further help

Name or organisation	email/phone	services	state directory
Instituto Nacional de las Mujeres (National Institution for Women)	contacto@inmujeres.gob.mx	psychological and legal guidance	directory
Comisión Nacional Para Prevenir y Erradicar la Violencia Contra las Mujeres
(National Commission to Prevent and Eradicate Violence Against Women)	01800hablalo@segob.gob.mx	psychological and legal advice	directory
Fiscalía Especial para los Delitos de Violencia Contra las Mujeres y Trata de Personas (Special Prosecutor’s Office for Crimes of Violence Against Women and Human Trafficking)	telephone: 55 5346 2516	investigate and prosecute federal crimes related to acts of violence against women
Comisión Nacional de los Derechos Humanos (National Human Rights Commission)	telephone: 800 715 2000	receive complaints of alleged human rights violations

Non-government organisations

Organisation	email	phone	service provided
Red Nacional de Refugios A.C. (National Network of Shelters)	renarac@rednacionalderefugios.org.mx	800 822 44 60	a network of shelters that provide security, protection and specialized care for women and their children who live at risk from family, gender, sexual violence and human trafficking
Asociación para el Desarrollo Integral de Personas Violadas, A.C. (Association for the support of victims of rape)	adivac@adivac.org	55 5682 7969 and 55 5547 8639	provide medical, legal and psychological care to people who have experienced some type of sexual violence (children, adolescents, women and men)

You can also read an online guide designed to provide step-by-step health and legal assistance to those who have suffered sexual violence.

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).