Guidance

Romania: information for victims of rape and sexual assault

Published 20 January 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.

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 the British Embassy Bucharest on +4 (021)2017200. 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 Romania

Before you go to the police station

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 embassy on +4 (021)2017200 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.

At the police station

If you choose to report the incident to the police, we may be able to accompany you. We can also provide details of local lawyers and interpreters. However, only you can decide if you want to take legal action. Whatever you choose, we will support you.

• tell the police if you think you have been drugged
• insist you get a police report, and request a translation in English if applicable

Homosexuality, extramarital sex and drinking alcohol are not crimes in Romania. There is no risk to you if you choose to report the crime to the police.

A female officer can take your statement if you prefer, depending on availability.

You have the right to an interpreter if you do not speak or understand the Romanian language.

You will not be asked to surrender your passport while the investigation is carried out.

For a case to be taken to trial, you must report the incident within 3 months of it happening.

You can appoint a lawyer for yourself at any time but you will be responsible for paying for their services. The British embassy cannot pay legal fees or guarantee to a lawyer that you will pay them.

If you cannot afford a private lawyer, a public defender will be appointed for you by the State. This will be free of charge, but public defenders may not speak English.

The police will ask you to give a full statement about the incident, including giving a description of the perpetrator, the crime scene and all the circumstances surrounding the incident.

After making a statement

DNA evidence may be collected from the crime scene, and it may also be collected from you, your clothes, and other personal belongings.

You may want to bring a change of clothes with you to the police station, as the police will keep the clothing you wore during the incident for forensic evidence.

If you choose to have a forensic medical examination, the police will take you to the nearest hospital for it.

The police might ask you to return to the crime scene or where you believe the perpetrator is located. You might also be asked to identify the perpetrator. The alleged perpetrator will not be able to see you, and you will not meet them at any point while at the police station.

The police can detain a suspect for up to 24 hours if they have sufficient evidence, or reasonable suspicion that an offence has been committed. A judge can extend detention for up to 30 days, and they can make repeat extensions up to a maximum of 180 days.

You will be expected to make a statement in front of the public prosecutor. You have the right to be accompanied by your lawyer, if you have hired one, but they cannot make a statement on your behalf.

You or your lawyer will have access to parts of your case file during the investigation. The prosecutor and/or police will keep you updated on developments in your case.

You can leave the country at any point.

Local police will not inform UK police about the crime.

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

The British embassy or consulate 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.

If you decide not to report the crime to the local police, you will still be able to get medical assistance locally. You may have to pay for examination and treatment.

The medical examination: what to expect

Where to go

Most medical centres treat victims of rape and sexual assault. However, only hospitals in big cities (county hospitals) have departments that can conduct a forensic examination.

If you tell doctors you have been raped or sexually assaulted, they will automatically report the results of any examination to the police. If you are hospitalised, the police will visit you to take your statement.

Examination

The aim of the examination is to collect evidence. A forensic doctor will carry out the examination. They may:

• ask questions about your general health
• check for bruising and both internal and external injuries
• take swabs for DNA
• test for sexually transmitted infections (STI)
• take photographs of your injuries for their report

Ask the hospital to give you the results of any medical examinations and tests, and also a medical certificate as proof of your visit. Make sure the certificate is printed with an official hospital letterhead and is stamped and signed by a staff member.

If you are travelling with a tour operator, you can ask them to accompany you to the hospital. If you wish, we may be able to accompany you as well, depending on timing and location. We can help you communicate with hospital staff, and help you to contact your insurance company.

Treatment

Check what your insurance policy covers. If you need medical treatment, you may need to provide details of your travel insurance policy.

Hospital medical staff can give advice on HIV Post-exposure prophylaxis (PEP) medication, a treatment that can prevent HIV infection. PEP is available in Romania.

PEP medication needs to be taken within 72 hours of the incident for it to be effective.

The NHS may be able to start or continue the 28-day treatment when you return to the UK.

You can buy emergency contraception from any pharmacy without prescription or medical referral. Prices may vary.

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

If you have medication administered in Romania, you may wish to keep the label or make a note of the name of the medication. You can give this to your local health provider when you return to the UK.

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 Romania, 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 Romania, you should report the crime there. If you are a British national and you need help to report the crime, you can contact the British Embassy Bucharest, 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.

Court procedures: what to expect

If a suspect goes to trial, you may be asked to testify in court when the evidence is presented.

In special circumstances, if the court allows, you can testify by video conference call (including from another country).

Even without hiring a lawyer, you will be kept informed about the progress of the case by receiving written reports to your home address (if in Romania) or by email.

Depending on the circumstances, your case may be referred back to the police for further investigation. There may be occasions when you will need to give an additional statement.

You can drop charges after they are filed, if you wish to do so. You may be liable for any costs incurred by the court. However in some cases of rape and sexual assault, even if you withdraw your statement, the criminal prosecution will proceed regardless.

Taking your case to trial

The court will inform you if your case will go to trial.

The prosecutor will take your case to trial if there is sufficient evidence that a crime has been committed and the perpetrator identified.

If the judge agrees the case meets the requirements under the Criminal Procedure Code, they will order the trial to start.

The trial will be conducted in Romanian. If you do not speak Romanian, you will be entitled to a court-appointed interpreter (free of charge).

You do not need to be present at every court session, but you may be called to testify. If you are outside of Romania, you can request to testify by video conference call.

It can take between 2 and 3 years for a case to reach trial in Romania. The trial itself can last between 1 and 2 years, not including appeals which can take an additional 6 months to 2 years to be settled.

Hiring a lawyer

A privately hired lawyer can represent you in all stages of the court trial. They can obtain information from the court about your case and can file appeals on your behalf.

Find a private lawyer in Romania.

Find a translator or interpreter in Romania.

Communication

During the investigation phase, the prosecutor and/or the police handling your case can contact you or speak to your lawyer, if you have appointed one.

The court will communicate with you (or your lawyer) if they need additional information from you, and when the trial comes to an end.

The court procedure is the same if you are not resident in-country. You do not have to give a local address. If you have a lawyer, you can agree with the lawyer to use their address for communication from the court.

Legal aid

You may be entitled to legal aid in Romania.

Legal aid is provided on request if the crime was committed in Romania, and it was reported within 60 days of it happening. The court may consider your financial circumstances (means testing) when making its decision.

Legal aid covers lawyers’ fees and it is limited to 2 times the minimum national wage. It may cover legal aid during criminal court proceedings, as well as enforcing court decisions that grant damages or compensation.

Lawyers will usually charge a fee before going to court, depending on their contractual agreement with you.

Sentencing

Rapes and sexual assaults are considered ‘crimes against the person’:

• for rape, sentences range from 3 to 18 years in prison, depending on the circumstances of the rape and its consequences

• for sexual assault, sentences range from 2 to 15 years in prison, depending on the circumstances of the sexual assault and its consequences

For both rape and sexual assault:

• judges can also consider imposing additional orders, eg restricting the perpetrator’s ability to contact you

• prison sentences can be shortened if the perpetrator is deemed to present no further danger to society

If the perpetrator is found guilty, they will be sentenced to imprisonment . They could also be released on supervision if they meet a strict set of criteria, which may include their criminal record and risk of re-offending.

If the perpetrator is found not guilty, they will be released and may be able to claim compensation from the State.

Compensation

The court can order the offender to pay you compensation for any injuries or losses in a criminal or civil procedure.

You may be able to apply for compensation if you have been injured because of a violent crime in another country.

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.

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.

Country	Organisation
England	NHS Choices or search the internet for ‘NHS SARC’
Scotland	Archway SARC or phone 0141 211 8175
Wales	New Pathways SARC or phone 01685 379 310 Ynys Saff Sexual Assault Referral Centre (Cardiff and Vale University Health Board)
Northern Ireland	Rowan SARC Northern Ireland or phone 0800 389 4424

Support organisations in Romania

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

A.L.E.G

Organisation for Freedom and Gender Equality in SIBIU and nationwide

Services: online counselling, individual psychological counselling and legal assistance (including court representation) in sexual violence cases

Social media: A.L.E.G on Facebook

Email: contact@aleg-romania.eu

Phone: +40 753 893 531

Asociatia Anais

Organisation for fighting violence against women based in Bucharest

Phone: +4 0736380879

Email: contact@asociatia-anais.ro

Fundatia Sensiblu

Organisation for Freedom and Gender Equality and for fighting violence against women based in Bucharest

Social media: Fundatia Sensiblu on Facebook

Phone: +40 787 541 854

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 the 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).