Guidance

Rape and sexual assault in Tunisia: information for victims

Updated 16 January 2023

If you have been sexually assaulted, it is 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.

First steps

The most important thing is to make sure that you are safe.

You can contact:

• the police in Tunisia by dialling 197 and an ambulance by dialling 190
• your tour operator if you are travelling with one
• contact the British embassy in Tunis at +216 71 108 700. 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

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

Before you go to the police station

If you have a tour operator, they should be able to arrange for a representative to support you. If you are in an area near the British embassy, 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 at +216 71 108 700.

If you approach the police directly, you can also ask them to inform the consular staff at the British embassy on +216 71 108 700 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, take those you were wearing at the time of the incident to the police.

Try to preserve evidence by retaining items such as condoms, toothbrushes, or texts.

At the police station

Tell the police if you think you have been drugged.

Ask for a police report, and request a translation in English, if applicable.

In Tunisia, homosexuality is criminalised under Article 230 of the Penal Code, and has a 3-year prison sentence. A sexual relationship is assumed to be between 2 adults (18 years of age or over), otherwise it is condemned by the legislator through the penal code. It is assumed that the action is voluntary and that both parties consent to it (where age of consent is 16). Anything other than that would be a crime and can be considered as rape or indecent assault.

You may be at risk when reporting the incident if you were under the influence of alcohol in a public place (a location that does not have permission to serve alcohol or have alcohol consumed in it) at the time. Anyone caught in a public place in a state of drunkenness can be punished with imprisonment for a minimum period of 2 weeks and maximum of 6 months, or a fine of between 20 dinars to 100 dinars.

Each police or National Guard department has a specialised unit to investigate crimes of violence against women, which usually includes female officers.

If you do not speak Arabic or French, the police should arrange for an interpreter to be present. You or your lawyer (if you have one) should ask for that to be provided immediately.

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

The British embassy will be able to help you. This includes helping you:

• contact your insurance company and your family
• making arrangements to travel back to the UK
• providing information on local support in the UK
• providing you with lists of English-speaking medical facilities, lawyers and translators

You will still be able to get medical care at your own expense from public or private healthcare providers. Your medical report cannot be used as evidence if you decide to report the crime later.

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, 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.

Medical examination: what to expect

The majority of university hospitals in Tunisia have facilities for helping victims of sexual assault. You will usually be assigned a psychologist initially to discuss the next steps and assist with preparations for the physical and forensic examination.

A forensic doctor will usually carry out the examination with the assistance of a nurse. You will not be able to have a forensic examination unless you have reported the incident to the police.

The forensic examination will collect evidence and will usually include:

• an internal examination
• a full external examination

The doctor may also take swabs, DNA tests and test for sexually transmitted infections (STI).

The timescales for processing forensic evidence takes between 2 to 7 days, depending on the type of assault.

If the results show that you have been exposed to any sexually transmitted diseases, you may be transferred to a specialised centre. You will need to pay for any prescriptions, but you can claim expenses back from your travel insurer if you have one.

If you cannot wait for the results of the tests and you are concerned that you may have been exposed to any sexually transmitted infections, then you should attend a hospital. There are a range of post-exposure treatments available. Emergency contraception can also be prescribed.

HIV Post Exposure Prophylaxis (PEP) medication should be taken within 72 hours to be effective. The NHS may be able to start or continue a 28-day treatment when you return to the UK.

If medication is prescribed, you may wish to keep a copy of the label or make a note of the name of the medication so that you can let your UK health provider know.

If you were referred to a forensic centre by the police for your medical examination, the centre will give the forensic report directly to the police.

The embassy can provide you with a list of medical facilities in Tunisia.

Police investigations: what to expect

The police investigation stage is important in preparing for a criminal trial, because the evidence obtained at this stage usually forms the core of the trial in later stages.

During the investigation of a rape or sexual assault incident, the investigation judges or public prosecutor may ask for the clothes you were wearing during the incident. They may also take you to the crime scene so that they can collect further evidence, such as DNA.

Before an arrest can take place, the public prosecutor has to be informed. The Public Prosecutor’s Office then appoints 1 or more police officers to carry out further investigation. After the perpetrator is identified, they are put in custody for a maximum of 48 hours, after which they should be released or sent to court.

In cases of rape and sexual assault, you will be expected to go in front of a public prosecutor to make a statement.

The perpetrator is not brought into the hearing without your consent or if the right to deny the accusation cannot be guaranteed by any other means. You may have to identify the perpetrator.

Victims of sexual crimes may request a hearing in the presence of a psychologist or social worker.

You may have to give up your passport whilst the investigation is carried out, and should be able to collect it after the investigation is complete.

You will usually be allowed to leave the country, depending on the proceedings of the investigations and the case. If you do decide to leave, you may be required to return to Tunisia for the case proceedings.

Court procedures: what to expect

In the courts of first instance, cases of rape and sexual assault are heard in private rooms rather than public trials. Cases are heard by judges specialised in criminal law, they are either public prosecutors, investigative judges or magistrates.

The trial will take place in the local language. The local authorities should provide an interpreter.

You are entitled to be kept aware of case proceedings, but we recommend that you hire a lawyer to assist you with the procedures. They will be familiar with criminal law and will make sure you get legal protection.

If your case is referred for further investigation, you may be required to give an additional statement.

You will not be able to drop the charges if you change your mind. The perpetrator can also press counter charges claiming false accusations.

Courts may order the perpetrator, if convicted, to pay compensation for any injuries or losses. You can present the file to the penal judge for both civil and penal cases, or separately. For penal cases, the compensation depends on the verdict on the criminal side.

There is a state-funded compensation scheme which may cover physical or psychological injuries suffered as a result of a violent crime and in some cases may apply to foreign nationals.

Your lawyer will be able to advise you about what you need to do. You can submit the information to the court directly or your lawyer can do this on your behalf.

There is ‘statute of limitations’ applied to all types of cases in Tunisia, depending on the crime. For felonies, it is 10 years, for misdemeanours it is 3 years, and for offences it is 1 year. An exception is made for minor children where the time limitation starts to count after they reach the legal age.

There is no fixed timescale for the court process to complete. It will depend on many factors including case complexity, or if the assailant pleads guilty or not guilty.

Hiring a lawyer

We recommend you hire a lawyer to represent you. They will be best placed to get updates on any investigations and court proceedings on your behalf and share them with you. You will need to give your consent for your lawyer to communicate with the British embassy.

Find a list of lawyers and interpreters in Tunisia.

Lawyers usually charge a fee for their services before they represent you. Make sure you agree a fee with your lawyer before any services are provided.

The law gives lawyers the right to:

• view investigation documents
• take notes in the official crime reporting/interrogation process during the police investigation and accompanying the victim during the cross-examination procedures in court
• add ‘exculpatory’ evidence (evidence to remove blame from someone) to the case file
• has the right to read through and counter sign (with the victim) any reports produced by local authorities as a result of investigations/ court procedures

If you do not have a lawyer, the British embassy can make enquiries and seek updates from the police or court on your behalf. The police and court are under no obligation to provide the embassy with information and they do not automatically update the embassy on a case’s progress.

When you return 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:

Region	Organisation
England	NHS Choices website, or search the internet for ‘NHS SARC’
Scotland	Archway SARC; Phone: 0141 211 8175
Wales	New Pathways SARC; Phone: 01685 379 310
	Ynys Saff Sexual Assault Referral Centre - Cardiff and Vale University Health Board
Northern Ireland	Rowan SARC; Phone: 0800 389 4424

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 Tunisia.

Disclaimer

This information has been prepared by UK government 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 UK 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.

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 (February 2022).