Guidance

Slovakia: information for victims of rape and sexual assault

Published 27 July 2022

© Crown copyright 2022

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This publication is available at https://www.gov.uk/government/publications/rape-and-sexual-assault-in-slovakia-information-for-victims/slovakia-information-for-victims-of-rape-and-sexual-assault

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 112
  • contact your tour operator if you are travelling with one
  • contact your nearest British embassy, high commission or consulate (phone number: +421 259 982 000). 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

Contact the British Embassy in Bratislava.

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

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 on +421 259 982 000 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.

You don’t have to go to the police alone, you can take with a person, you trust (friend, relative), and who can support you emotionally during the reporting. A member of consular staff can also accompany you. You can report the crime at any police station or prosecutor’s office. The crime does not have to be reported directly by you, it can be done by another person, who is aware of the crime. Your (victim’s) statement is however crucial for the investigation, and you will be summoned to come to the police later.

Tell the police if you think you have been drugged.

Insist you get a police report, and request a translation in English if applicable.

The authorities involved in the criminal proceedings are obliged make arrangements to protect the victims from secondary victimisation and repeated victimisation:

  • secondary victimisation: caused by the acting or non-acting of the authorities (for example insensitive interrogation)
  • repeated victimisation: caused by the perpetrator’s ongoing activity, including influencing the victim by threatening, intimidating, oppressing, abuse of the power over the victim, revenge of other form of activity aiming at influencing victim’s physical or mental integrity

Extramarital or homosexual intercourse is not a criminal offence in Slovakia.

Possessing and/or using of alcohol is not a criminal offence in Slovakia. However, using of alcohol can be limited in some cases by local regulations. 18 years’ age limit for buying and serving of alcohol applies.

Being under influence of hallucinogen and intoxicating drugs itself is not a criminal offence. However, production, sale and possession of drugs is a criminal offence in Slovakia.

Some actions under influence of alcohol, hallucinogen and intoxicating drugs or other addictive substances can be illegal, e.g. driving a car, performing employee’s tasks and/or other activities. A zero-alcohol limit for driving cars applies.

If resources allow, you can talk to the same gender police officer.

As Slovak language is the official language in Slovakia, there may not always be English speaking police officers available. Police will arrange for the interpreter. Related costs are covered by the Slovak state, not you.

Investigations are led by the police and prosecutor.

There can be many types of evidence relevant to the investigation. Victims can be asked to give evidence such as:

  • biological evidence - blood, sperm, saliva, hair present on your body or the objects the perpetrator touched
  • physical evidence such as bruises, injuries
  • other evidence such as SMS messages, photographs, videos, etc
  • your statement report – one the most important evidence types

The evidence at the crime scene is obtained by the crime scene investigators (police and forensics officers). Biological evidence present on victim’s body is obtained by the doctor.

During the first contact with the police, the police will help you by providing all necessary information, such as:

  • emergency medical treatment possibilities
  • legal aid access
  • victim support organisations

You have a right to be provided specialists’ support whether or not you reported the crime to the police. Victims support organisations provide their services free of charge.

To prove your identity, you’ll need to show your passport to the police, but you don’t have to surrender it to the police during the investigation. Even if you don’t have any documents on you or they’ve been stolen or lost, the police is obligated to accept your report and act and investigate the offence duly in their official capacity.

It is not necessary for the lawyer to be present when you report the crime and press charges. In certain special cases (such as when you are claiming compensation, etc..), the state can assign a pro bono lawyer to you (the state pays for the lawyer’s services), however you have to prove the lack of financial means.

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

The British embassy or consulate will be able to help you. This includes helping you to contact your insurance company, your family, make 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 a tour operator, you can also report the incident to them and ask for their 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.

You will be able to get medical attention even without reporting the crime to the police. Emergency medical care will be provided, including treatment for:

  • possible injuries
  • sexually transmitted diseases
  • HIV i.e. PEP medication (Post-exposure prophylaxis)
  • for non-male victims, unwanted pregnancy i.e. emergency contraception. Emergency contraception needs to be taken within 72 hours of the incident for it to be effective

The doctor will also collect any biological evidence for possible criminal proceedings.

You will obtain a medical report, which can serve as evidence later if you decide to report the crime.

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 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 from being committed.

Reporting the crime in Slovakia: what happens next?

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 and social media messages.

Tell the police if you think you have been drugged.

Insist you get a police report, and request a translation in English if applicable.

Your statement is very important for the investigation of the crime, as you (as a victim) are also the crucial witness at the same time and a witness has to provide statement. The most accurate information about the incident and about the perpetrator (perpetrator’s description) can help the police to find and arrest them without delay. Only in extraordinary cases, such as when the perpetrator is a relative or there’s a risk of criminal proceedings against the witness, can the witness refuse to give a statement. The police will inform you of your rights and obligations before the interrogation (including the obligation to say the truth and not making false accusations). You have to provide your identification details and address (does not have to be your private address, can be an address where you are staying and where you can accept mail).

The police will interview vulnerable victims (victims of rape and sexual assault) sensitively to minimise any further trauma. A social and legal safeguarding officer is present when interviewing children. Police collect all necessary information during the interview so that victims do not have to repeat the process in future proceedings (for example at the court hearing). The police will keep a written record of the interview with the victim. They will also make an audio or video recording, which may be used in a trial at court. The police and courts will ensure the victim does not come face to face with the perpetrator.

Police will return evidence such as clothes or electronic equipment (that were submitted by you as the evidence) to you, once this evidence is no longer needed for the forensic examination, i.e. criminal proceedings.

Once you report the crime to the police, the police arranges your medical examination at the closest emergency medical department. Police informs you of the whereabouts of this facility, and if needed, will arrange your transport there. There are no special facilities or forensic wards for rape and sexual assault victims. Medical examination of such victims is carried out at an emergency department, where a doctor treats the victim and secures the evidence from the body of the victim (needed for criminal proceedings).

Slovak police will inform the UK police if needed (especially if there is international criminal activity and/or exchange of information about perpetrators and victims is necessary).

Slovak police might ask the UK police to undertake police checks on the perpetrator and the victim if necessary on the basis of international police cooperation.

The medical examination: what to expect

Victims of rape and sexual assault will be treated in all hospitals with a 24/7 emergency department.

Medical examination is being carried out after the victim reports the incident to the police and based on the police request in almost all cases. Situations, when victims seek medical examination/treatment before reporting to the police are extremely rare. Hospitals generally do not report the results of the examination to the police, but they do in cases where the victim reported the incident to the police. However a standard methodical instruction for medical examination/treatment for these cases is being prepared, so this might change in future.

If the victim is female, the examination/treatment is carried out by gynaecologist/obstetrician. If the victim is male, the examination/treatment is carried out by a urologist and a surgeon. A description of injuries is recorded and swabs taken. Photo documentation is very unusual. Procedures and examinations may differ between hospitals/doctors. The hospitals try to ensure presence of medical staff of the same gender, although this is not always possible due to staffing reasons.

Consular staff in Slovakia can accompany you to the hospital if you wish so.

Treatment

HIV PEP (Post exposure prophylaxis) treatment that can prevent HIV infection is medically prescribed in cases when the suspect perpetrator comes from areas with higher prevalence of HIV or if the suspect perpetrator’s HIV status is known. HIV PEP treatment is not available at all hospitals. The unified procedure in this area is also subject to new standard methodical instructions (see above).

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.

Emergency contraception is available without prescription. It is not monitored and is available in pharmacies. It is not free of charge. Doctor should assess each individual case and decide on recommending the emergency contraception to the patient. In each case, a pregnancy test should be done before that (from blood, urine) to rule out that the victim had not already been pregnant at the time of the incident.

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

Hospital treatment and tests are paid for by the patient’s health insurance (if it is within the range of treatment covered by the respective insurance providers/type of insurance).

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 let your local health provider know when you return home.

Police investigations in Slovakia: what to expect

You will be asked by the police to show them the crime scene and provide additional information, such as which direction did the perpetrator run. This approach would be taken mostly when the crime was reported shortly after it had happened. The crime scene will be examined and evidence secured in all cases.

You will be asked to make an identification (recognition) if a suspect is brought to the police station. First phase of the identification always consists of description of the suspect/statement by you. The second phase includes recognition “in natura” or by photos. “In natura” identification is carried out in a safe way for you – most police departments have a half-visible glass (so that you can see the perpetrator, but the perpetrator can’t see you). If such equipment is not available, police officers will pass the room where the suspect perpetrator with a group of figurants is, with you, in a secure way (so that you can look at the room from the side). You then make the identification (recognition) statement in a separate room.

To arrest the suspect, police needs a prosecutor’s approval. Without that it can only be done exceptionally, if it hadn’t been possible to obtain such approval – such as when the suspect was caught during the crime or fleeing. The police notifies the prosecutor of the arrest without delay. The police informs the arrested person about the reasons of the arrest, charges and interrogates the person. After that, the prosecutor receives the file and aims to prepare the possible remand proposal for the court within 48 hours from the arrest. The court is obligated to hear the suspect and decide on the remand or release up to 48, maximum 78 hours (extra serious crimes) from the prosecutor’s proposal delivery.

You (as the victim) usually do not have to repeat your statement in front of the public prosecutor (as you already provided statement to the police and this statement can be used). However you can be called upon to make the statement, and in such case, you have to provide it (no other person can do it on your behalf). Other activities such as accessing the file, evidence submitting, etc…) can be made by appointed representative. This representative can also attend your interrogation and other proceedings. A court can appoint a pro bono legal representative of you under certain conditions.

You will be allowed to leave the country once the case if filed (i.e. even when the criminal proceedings are ongoing). You need to give the Slovak authorities the address, where they can send them mail, including registered and own discretion mail and has to inform the authorities if they move and change their address. This information is crucial so that the authorities can maintain the contact with you during the criminal proceedings.

Court procedures: what to expect

As a victim of rape and sexual assault you are considered particularly vulnerable and should be interviewed fully to avoid having to repeat the process later. The interviewing at the initial stage of the criminal proceedings should be recorded for the use at later stages of criminal proceedings. However, it may be possible that the testimony given could lack some information (e.g. if defendant or their lawyer did not have a chance to ask specific questions, etc.) and the victim will be asked to be interviewed again or to testify in court. If the victim is based in a different country, the courts can interview the victim in their country of origin with help of the local relevant authority (using the options of judicial co-operation).

If you claim compensation, you will have the right to receive all information from the courts. With this position, you can make claims, review files, suggest evidence, etc. If you decide to be represented by a lawyer, all information can be delivered to the appointed lawyer. Furthermore, a lawyer can represent you in a court hearing, make suggestion for further evidence or give closing speech on your behalf.

For this type of crime, there is no requirement of your consent for continuation of criminal proceedings. Charges cannot therefore be dropped, and law enforcement authorities are obliged to continue investigation.

The Slovak legal system does not recognise “counter charges” in criminal proceedings. The alleged offender however can press charges for e.g. slander or perjury. These will most likely be investigated separately and after the final decision in the original case enters into force.

If you claimed compensation before the end of investigation (the claim should be submitted to the investigating law enforcement authority), court should decide on compensation in the same criminal proceedings (i.e. there will be only one criminal proceeding in which court will decide on guilt of the offender and compensation). In case the compensation claim requires further investigation, beyond the criminal investigation needed for establishing whether the offender is guilty or not, court can in the decision refer you to civil proceedings. In civil proceedings, court will decide on compensation that should be paid by the offender.

How can my case be taken to trial?

You need to file only a criminal complaint at the police station or prosecutors’ offices. For starting of court proceedings, no further action by you is required. After the end of investigation, it is up to the relevant prosecutor to submit an indictment.

A criminal complaint can be submitted in any language, the translation into Slovak language is provided by the state. With the Slovak authorities (police, prosecutors’ office) the filling can be done orally or in writing (with authorized signature, otherwise the criminal complaints need to be supplemented by signature).

There is no statutory period for filling of a criminal complaint, however it is advised that the complaint should be made as soon as possible. Criminal prosecution of these crimes is statutory barred (20 years), this period however cannot lapse sooner than 15 years after the victim reached majority (18 years of age).

Filing of a criminal complaint does not require legal representation. If you are represented by an attorney/lawyer, submitting power of attorney is required.

Trial procedures

You (as the victim), in the position of the aggrieved party, are informed on all decision, e.g. on stay of proceedings or its termination or filing of an indictment. All decisions are delivered to the address indicated by you in criminal complaint (or specially designated for these documents). The most important documents are translated at the cost of the state. It is necessary for you to state you do not speak and understand the Slovak language when filling of the criminal complaint.

The court proceedings will be conducted in the Slovak language, you are entitled to interpretation to the language you understand.

Your presence at all sessions/hearings is not mandatory. You are notified on the hearing in which your presence is mandatory (summons will be delivered).

If you receive summons and have to be present at the court hearing, the costs connected to the presence at the hearing will be covered by the state. The claim for remuneration has to be filed within 3 days after the hearing and precisely calculated in 15 days. So far, courts do no provide assistance for arranging of travel or accommodation.

The length of criminal proceedings varies and depends on many factors, e.g. seriousness of crime, depth of investigation needed, cooperation of all relevant actors.

The defendant has a right to appeal, and exceptional arrangements are available. You have right to appeal the court decision in the part concerning compensation or submit complaints on the prosecutor’s decision to terminate criminal proceedings.

Hiring a lawyer

A private lawyer represents you in the criminal proceedings, provides legal advice, can review the case file, submit suggestions for evidence, deliver your final speech, submit any complaints or appeals, etc.

Lawyers usually specialise in a field of law, e.g. criminal law, human rights, family law. Victim support organisations’ lawyers are usually specialised in providing help to victims with different traumas.

Slovak registered lawyers and translators/interpreters full lists:

Communication

At the initial stages, the main contact point will be the investigating police officer and prosecutor. At the court stage, usually a court employee.

You don’t have to have a local address. The provision of international judicial co-operation in criminal matters may apply (e.g. interviewing you by the local relevant authority).

You are informed directly and all important documents (decisions) are delivered to the address provided by you.

You can receive legal aid from the victim support organisations (irrespective of their financial status) or from a court appointed lawyer (your financial status will be evaluated). You can receive legal aid from the Centre for Legal Aid - please see the contact link in the text above (based on their financial situation, the Centre does not provide help in criminal proceedings, however, can provide help in civil proceedings or when claiming state compensation).

If you receive legal aid from a victim support organisation or a court appointed lawyer, if applicable, it is free of charge. In some cases, a victim support organisation may ask for some financial compensation (e.g. if it is not an accredited victim support organisation or does not receive funding from state budget), you should be informed after the first consultation under what conditions the support is provided.

Sentencing

Rape, sexual assault and sexual abuse are separate crimes, the offender will be therefore found guilty of one (or more) of these specific crimes. All of them fall into category of crimes against human dignity.

The sentence depends from the type of the crime, its circumstances, special motive or special characteristics of the victim, aggravated and mitigating circumstances, e.g. for rape it can be from 5 up to 25 years of prison sentence.

If the alleged perpetrator is found not guilty by the final decision (i.e. no appeal is available), you can still try to claim compensation for damages in civil proceedings.

Compensation

There might be a state compensation scheme for victims of violent crimes, victims of sexual violence including as applicable. The compensation scheme in general might be applicable if the harm occurred in the territory of the Slovak Republic.

Compensation can be granted to:

  • Slovak citizens
  • EU citizens
  • stateless persons having permanent residence in Slovakia or in another EU Member state
  • foreign nationals pursuant to an international treaty
  • persons that were granted asylum, additional protection, subsidiary protection, leave to remain or exceptional leave to remain in Slovakia

Victims of sexual violence are usually entitled to compensation for harm to health and non-pecuniary damages.

The Ministry of Justice is the assisting and deciding authority for compensation. The application can be filed right after the start of the criminal proceedings and no longer than 1 year after the final decision entered into force. For more information on the applicable state compensation scheme in individual cases, we suggest directly contacting the Ministry of Justice, department on compensation.

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:

England

Scotland

Wales

Northern Ireland

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.

Support organisations in Slovakia

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

The Alliance of Women in Slovakia

For women in crisis situations (victims of violence) with a special focus on legal support/advice

24/7 crisis line: +421 903 519 550

Brana do zivota (Gate to Life)

For women in crisis situations (victims of violence) with a special focus on psychological support/advice.

8 am – 4 pm (CET) line: +421 915 439 245

See the Brana do zivota website.

Victim Support Slovakia

For all victims of crime and violence, legal and psychological support.

24/7 crisis line: +421 850 111 321

Email address: linka@pomocobetiam.sk

See the Victim Support Slovakia website.

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).

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