Guidance

Rape and sexual assault in the Occupied Palestinian Territories (OPTs): information for victims

Published 28 July 2021

1. Disclaimer

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

Please note that police and legal procedures in the Occupied Palestinian Territories will be different to those you may expect in the UK.

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.

2. 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 101, or the police locally on 100
• contact your tour operator if you are travelling with one
• contact the British Consulate in Jerusalem on +972 (0)2 541 4100 (option 2)

Consulate 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.

2.1 If you want to report the incident to the police in the OPTs

• if you choose to report the crime, try to do so as soon as possible, so that 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 should ask the police to inform the British Consulate in Jerusalem by calling +972 (0)2 541 4100 (option 2), if they have not done so already

• 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 we may be able to attend the police station (and hospital) with you, depending on the location and timing tel: +972 (0)2 541 4100 (option 2).

• tell the police if you think you have been drugged

• insist that you are provided with a police report, and request a translation in English if applicable

• female police officers should be available to talk to, however English-speaking officers are not always available and you may have to wait for an official, certified interpreter

2.2 If you do not want to report the incident to the police in the OPTs

It is your choice whether to report the crime, but you should be aware that if you don’t report it your case may not be investigated later if there is a lack of forensic evidence. You must also report the crime in-country for it to be investigated.

The British Consulate will still be able to help you if you choose not to report the crime to the police; this includes helping you to make arrangements to contact your insurance company (if you have one), and your family and/or friends. The British Consulate can help you to arrange travel back to the UK if that is what you want to do, 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 in the Occupied Palestinian Territories:

If you are travelling with one, you can report the incident to your tour operator and ask them for assistance. Where possible, and if you wish, the tour operator may accompany you to the local hospital.

You will still be entitled to medical attention if you do not wish to report the crime.

2.3 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, it is for foreign police forces to decide whether to investigate a crime in their jurisdiction. UK police forces cannot investigate crimes committed overseas. Foreign police forces can decide to request assistance from the UK police, but this cannot be guaranteed and is a very lengthy process. It can therefore be very difficult to guarantee that any justice can be accessed without reporting the crime locally.

Please see Rape and Sexual Assault: Returning to the UK for more information.

3. Reporting the incident: what happens next

You should report the incident to the police at the earliest opportunity. You may request to speak to a female officer, however, there is no guarantee a female officer will be available. You should ask for a qualified translator, if required, but you may need to wait for a translator to become available. You should consider appointing a local lawyer to act on your behalf as soon as you are able.

The police should start by asking you for some details regarding the incident and would record your replies in the form of an incident report; you should try to give the police as many details about the incident as you can. If you know the assailant, you should identify them, and the nature of your relationship to them; if the assault is a person you do not know, provide as many details about the circumstances and a description of the person, as you are able.

Once the incident report is recorded, the next step would generally be obtaining a forensic examination report from a medical centre or hospital and for you to receive any needed treatment; you may have already done this.

The police will begin their investigation and try to gather forensic evidence, this may include the clothing you wore during the incident.

Once the police have gathered evidence to establish the details of the offence, and on the basis of your decision to proceed with the allegation, the investigation would then be taken over by the Public Prosecutor, whether against the alleged suspect or against an unknown person where the perpetrator is unknown. The Public Prosecutor’s office are likely to request you to make a further, more detailed statement based on the information you previously provided, as well as any evidence that the police have managed to gather.

The Prosecutor may ask you to accompany them during their investigation of where the assault took place to collect as much evidence as possible, and might ask you questions regarding the incident. You may wish hire a lawyer to accompany you during the investigation and to facilitate contact with prosecution.

Please be aware that as part of the official investigation, you may be asked to face your assailant where you will both face further questioning from the police.

Once all possible evidence has been gathered and the prosecutor decide to proceed against the assailant/suspected offender, the court process would begin.

4. Seeking medical assistance in the OPTs

Following the report of any type of sexual assault, a physician will ordinarily carry out an examination, with an additional forensic examination, followed by a certified forensic examination certificate.

The forensic examination will usually involve an internal examination to obtain evidence of a sexual act, and a full external examination to obtain evidence of any force and/or violence.

Following the examination, the medical facility would provide you with treatment, or a prescription against the risk of any sexually transmitted disease, and a morning-after pill to prevent any pregnancy, if appropriate.

If an allegation of sexual assault is disclosed during a visit to a hospital or other medical practitioner, medical staff are required to notify the police of the disclosure and to make available the results of that examination to the police.

It should be noted that there is no governmental program for providing psychological support in such cases, but there are several INGOs operating in the Occupied Palestinian Territories that provide such support.

5. Court procedures: what to expect

Once court proceedings have started, it is likely that you would be asked to give your testimony in person. In the majority of cases, you would only need to give such testimony once. If you already left the country, this would not stop the court procedures from proceeding, however, you may be asked to return specifically for the trial.

If you choose to remain in, or return to, the UK, please be aware that neither the police nor the courts will automatically update you about the case, so you will need to either request information in person, or enlist the help of a lawyer who will be able to keep you updated and explain your rights and the legal procedures.

It is important to understand that criminal cases related to offences against a person, or an offence that causes harm to a person, can be seen as consisting of two parts: the public right, and the personal right.

The public right is the right of the state to punish those who break the law. The personal right is the right of the person who suffers harm or loss due to the offence (you) to seek compensation. In cases of rape or sexual assault, your lawyer would follow upon your personal right to seek damages/compensation for the harm inflicted upon you.

Finally, it should be that is no time set by law for cases to come to trial; some trials for similar offences have taken a number of years to conclude.

6. Withdrawing your complaint

If you decide not to proceed with the case once reported and to withdraw your complaint. This can be done on one of two bases:

1. That you would like to renounce your personal right in the case, which means that you stand by your report that the crime did happen, but that you do not want to be involved any more. In such cases the prosecution/court may still decide to proceed, however you would no longer be entitled to any compensation, and you would not have access to any information about the case.

2. That your report is false (partially or fully); in such circumstances the case would be dropped and you would likely be subject to criminal lability for falsely reporting a crime; the accused will have the right to demand compensation from you.

7. Returning to the UK

Whether or not you choose to report the crime, you may want to let your GP, a Sexual Assault Referral Centre (SARC) or Rape Crisis Centre (RCC) know what has happened to you so that you can talk about the experience and seek further support and advice.

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 the country that the assault took place in.

8. Support organisations in the OPTs

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.

SAWA Organisation

https://www.sawa.ps
Ramallah
Toll Free- Helpline 24/7 to women and children victims of violence (West Bank and Gaza) 121, Jerusalem 1800500121
Helpline, hotline rape crisis center, child care

Centre for Legal Aid & Counselling (WCLAC)

https://www.wclac.org
Jerusalem, Hebron, Ramallah
02 6281497/02 2250585/02 2956146
Legal aid, social counselling, protection, advocacy.

9. Support organisations in the UK

Rape Crisis England and Wales

Freephone 0808 802 9999 (12 - 3.30pm and 7 - 9.30pm)
Email: info@rapecrisis.org.uk
https://www.rapecrisis.org.uk

Rape Crisis Scotland

Freephone 08088 01 03 02 (6pm - 12 midnight)
minicom 0141 353 3091
Email: support@rapecrisisscotland.org.uk
https://www.rapecrisisscotland.org.uk

Nexus Northern Ireland

Belfast office tel: 028 9032 6803
Tel: 24 hour (operated by Women’s Aid) 0808 802 1414
Email: info@nexusni.org
https://www.nexusni.org

Survivors UK

Survivors UK supports and provides resources for men who have experienced any form of sexual violence. Their national webchat service for men and their families, partners and friends is open seven days a week and can be accessed through their website.

Whatsapp: 07491 816064
Tel: 0203 5983898
Email: info@survivorsuk.org
https://www.survivorsuk.org