Guidance

Rape and sexual assault in St Lucia: information for victims

Updated 12 July 2023

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 guidance on 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 +1 (758) 456 4050
• contact your tour operator if you are travelling with one

contact the British High Commission St Lucia (https://www.gov.uk/world/organisations/british-high-commission-castries) or telephone +1 (758) 452 2484. 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 St Lucia

There is no risk for you in reporting the crime to the local police.

In St Lucia, buggery is defined as “sexual intercourse per anus by a male person with another male person” and is criminalised. It remains on St Lucia’s statutory books.

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 (758) 452 2484 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.

If you want to report the incident to the police in the North of St Lucia telephone +1 (758) 285 8348 or +1 (758) 485 6023. If you want to report the incident to police in the South of St Lucia telephone +1 (758) 285 6496.

You can also make a report at the nearest police station and they will contact the Vulnerable Persons Team of the Royal St Lucia Police Force.

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 not clear, 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:

• 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. The perpetrator will have to surrender their passport.

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.

After you report the crime, the police will take you to the hospital for examination as part of the investigation.

If you do not want to report the incident to the police in St Lucia

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 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.

You do not have to be 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. You can request a forensic examination but there is a possibility that the authorities may become involved.

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 British High Commission on +1 (758) 452 2484, 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.

The medical examination: what to expect

After you have reported the crime to the police, local tour operators or 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 .

The Owen King EU Hospital, St Judes Hospital, Gros Islet Polyclinic and all other Health and Wellness Centres in St Lucia can treat victims of rape and sexual assault. They are all public facilities. If you go to the public hospital Owen King EU Hospital, they will report the crime or suspected crime to the local police. All of the public facilities will report the results of any examination to you and the police.

If you go to a private doctor, the examination may not be as comprehensive as the public hospital. The private doctor will not be obliged to report the assault to the police. If the assault relates to a minor then it is mandatory for a doctor to report the incident to the Vulnerable Persons Team.

A licensed medical practitioner (Public Medical Officer) will examine you. You can request the gender of your medical practitioner, but this will depend on availability.

They will give you a full physical examination, swab for DNA and check for any physical injuries. Photographs will be taken of any injuries including bruises.

A female police officer will accompany female victims throughout their examination unless you request otherwise. A male victim can request a male or female officer to accompany them.

Treatment

Hospital medical staff can give advice on HIV PEP medication (‘Post-exposure prophylaxis’, a treatment that can prevent HIV infection). PEP is available locally in emergencies. You will be need to be prescribed this medication and you will be monitored after you have taken it.

You would be given medication for 2 days and will need to pay for the medication for additional days. If you cannot pay for further HIV PEP medication, the hospital will decide whether they can fund on your behalf.

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 at any pharmacy, however, you will need prescription from a doctor. You will need to pay a fee.

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

If you seek private hospital treatment and testing without reporting the incident, you will need to pay the associated costs. Treatment at the Owen King EU hospital for rape and sexual assault is free of charge.

If you have had medication administered in St Lucia, you should keep the label or make a note of the name of the medication, so that you can inform your local health provider when you return to the UK.

Police investigations in St Lucia: what to expect

The police will take you back to the scene of the crime or where you think the attacker is located, to try to identify and arrest the person.

You will normally be asked to identify the perpetrator through an identification (ID) parade.

After the perpetrator has been arrested, the suspect is charged within 72 hours. The case will then be referred to the Director of Public Prosecutions after identification and after all other evidence is gathered.

You will not be expected to go before the Public Prosecutor to make a statement. Lawyers will not have access to your case notes at this stage. However, your lawyer, if you have appointed one, can apply for partial disclosure after the perpetrator has been arrested and is before a magistrate or a judge for the purposes of bail.

Pro bono service is generally not offered in St Lucia but some lawyers might consider pro bono work.

You will be allowed to leave the country after you have made your statement. You should inform the police of your travel plans to make sure all required processes are completed before you leave.

Court procedures: what to expect

You will need to testify in court during the trial. If you have departed St Lucia, you will need to return to give testimony. However, evidence can be given by video link. This is arranged through the local police and Department for Public Prosecution.

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 you may need to give a further statement, depending on the outcome of any further investigations.

You can drop charges after they have been filed without any legal consequences. There are repercussions if the reported crime is false and there may be charges for this.

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 or if a trial will be started, however you will be informed after a date has been set for a hearing. It may take a number of years for a case to come to trial and for a trial date to be set. The trial will be conducted in English.

You may not need to attend every court session. The Director of Public Prosecution’s Office will decide this but you could potentially be called for the committal hearing (pre-trial hearing). You should return to St Lucia to give testimony however evidence can be given by video link.

If you are required to travel to attend the trial in person from where you live, the St Lucian authorities may assist with travel and accommodation arrangements. The Director of Public Prosecutions Office will have to submit an application to the government for funds to cover travel costs. If you have further questions about court proceedings, the consular team can request that the Public Prosecutor inform you as appropriate.

Lawyers in St Lucia who specialise in criminal law can provide assistance in rape and sexual assault cases.

Find a list of local lawyers in St Lucia.

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. The Vulnerable Persons Team and the Investigating Officer will also remain in contact until the matter reaches trial and is concluded.

If you are not in St Lucia then the Director of Public Prosecutor’s office and local police will still maintain contact. The Consular Section at the British High Commission can also request updates on your behalf.

Sentencing

The alleged perpetrator in this type of crime could be deemed guilty of a “crime against property” if the rape occurred when they unlawfully entered the premises – committing an aggravated burglary.

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 criminal court does not order the offender to pay compensation to the victim. However, after a trial and subsequent conviction in the criminal court, there is a greater probability of success of bringing a claim in the civil court, which has the power to award damages.

There is no state-funded compensation scheme for people who have suffered injury due to 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 in.

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

Archway Homepage

Wales

New Pathways SARC: phone 01685 379 310

New Pathways homepage

Ynys Saff Sexual Assault Referral Centre - Cardiff and Vale University Health Board

Northern Ireland

Rowan SARC Northern Ireland: phone 0800 389 4424

http://therowan.net/

Support organisations in St Lucia

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

Division of Human Services and Family Affairs
Chausee Road
Castries
St Lucia
Tel: (758) 468 5361 or (758) 452 7204
Fax: (758) 456 0885
Monday to Friday 8am to 4:30pm (closed 12:30pm to 1:30pm)

health@candw.lc

Crisis Centre
107 Chausee Road
Castries
St Lucia
Tel: (758) 453 1521
Fax: (758) 458 1447
Hotline: (758) 453 6848 or (758) 712 7574
Monday to Friday 9am to 5pm (closed 12:30pm to 1:30pm)

stluciacrisiscounsellor@gmail.com

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.