Guidance

Serbia: information for victims of rape and sexual assault

Published 24 February 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 Rape and Sexual Assault: Returning to the UK (https://www.gov.uk/government/publications/rape-and-sexual-assault-abroad-returning-to-the-uk).

0.1 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 and you will be put through to the local police in Serbia
• contact your tour operator if you are travelling with one
• contact the British Embassy in Belgrade (+381 11 306 0900). 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.

British Embassy Belgrade - GOV.UK (www.gov.uk)

0.2 If you want to report the incident to the police in Serbia

• 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 +381 11 306 0900 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.
• Tell the police if you think you have been drugged.
• Insist you get a police report, and request a translation in English if applicable.
• In Serbia, you can report the crime:
• by phone (192 or, for domestic violence – 0800 100 600),
• in writing
• in person (at the police station).
• Extramarital sex and homosexuality are not illegal in Serbia. Drinking alcohol or using drugs are not crimes, but could be considered an aggravating circumstance (e.g. driving under the influence).
• · At the police station you may be offered the choice to speak to a female police officer. If there is no English-speaking police officer available, you will be provided with an interpreter to help take your statement. You will be asked to sign the paperwork that contains your statement.
• · You will need to show your passport at the police station in order to verify your identity and prepare your statement. Your passport will then be returned to you.
• · You will receive medical support and a medical check-up free of charge. The results of the medical examination will be used as evidence in the investigation.
• · You will be able to contact a lawyer and your family or friends if you choose to do so.
• · You will be asked to describe the details of the assault, perpetrator, time and place where the assault took place.

0.3 If you do not want to report the incident to the police in Serbia

• 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. The crime must be reported in Serbia in order for it to be investigated.
• If you choose not to report the crime, you will be responsible for payment of any medical treatment/examination you seek.

0.4 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 being committed

0.5 Reporting the crime in Serbia - 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.
• You will need to give a statement either by phone, in writing or in person at the police station.
• The police may take items they consider could be evidence, including clothes and personal electronic devices.
• The police may take you to a hospital for a medical examination. This examination will be free of charge.

0.6 The medical examination – what to expect

• If you inform hospital staff that you are a victim of rape and sexual assault, they have an obligation to inform the police.

• Only hospitals with specialist forensic medicine departments can conduct a medical examination for the purposes of gathering evidence. You may be referred to another medical establishment if necessary.
• The medical staff will document your general health, including menstrual cycle (where appropriate), potential allergies and pregnancy status; trauma assessment; taking fingernail clippings or scrapings; taking samples for sperm or seminal fluid; collection of bloody, torn, or stained clothing; taking samples for blood typing, sexually transmitted diseases (STDs) and DNA screening.
• · The forensic examination will be carried out free of charge if it is done through a police referral.
• · If you are travelling with a tour operator, you can ask them to accompany you to the hospital. If you want, we may be able to come with you as well (depending on timing and location). We can help you deal with the local authorities in arranging a medical examination, where possible with a female doctor if you prefer. We can also arrange for you to see a doctor who can give advice on sexually transmitted diseases, including HIV/AIDS, pregnancy, abortion or emergency contraception (the morning after pill).

0.7 Treatment

• · The post-exposure prophylaxis treatment that can prevent HIV infection (HIV PEP) is not available in Serbia.
• · 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.
• · You can purchase emergency contraception from any licensed pharmacy without prescription or medical referral. You will need to pay for this.
• · Emergency contraception needs to be taken within 72 hours of the incident for it to be effective.
• · 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 let your local health provider know when you return home.

0.8 Police investigations in SERBIA – what to expect

• The police may take you to the scene of the crime or to a location to identify your attacker.
• · You may be asked to give another statement in front of the prosecutor.
• · If you choose to appoint a lawyer, they will have access to the initial case file.
• · You will be able to leave the country while the case proceeds. If there were an exception to this, the police would need to provide an explanation and communicate this to you and your lawyer.

0.9 Court procedures – what to expect

• · You will be expected to testify in court when the public prosecutor formally initiates criminal proceedings. This happens when the suspect is formally charged.
• · If you do not appoint a lawyer, you will be kept updated on developments in your case. During the pre-investigative and investigative procedures, the police and the public prosecutor will be in touch with you. When the criminal proceedings begin, you can check the status of the proceedings with the court (clerk office of the court).
• · If you appoint a local lawyer they can check the status of your case, communicate on your behalf with the court, file any relevant submissions (where needed) and attend court hearings.
• · Rape is a criminal offence in Serbia and subject to an automatic state prosecution. You cannot choose to drop the charges: only the public prosecutor can do this.
• · If the perpetrator is found guilty, you can file a claim for compensation.
• · False accusation is a crime in Serbia.

0.10 How can my case be taken to trial?

• · If you report the crime to the police, the police and the public prosecutor will take action to identify and prosecute the offender.
• · Your statement can be given in the police station. You will be asked to sign the paperwork that contains your statement. If the police inspector finds that a crime has been committed, the inspector will draft criminal charges and submit to the prosecutor.
• · The public prosecutor is responsible for initiating an investigation after the police lodge the criminal charges. At that moment, the pre-investigative procedure starts: led by the public prosecutor, but the activities are carried out by the police.
• · Then the prosecutor announces a formal investigative procedure (at that moment criminal proceedings formally start), during which the prosecutor collects all evidence and decides whether the terms are met for filing an indictment against the offender. If the indictment is filed, the court proceedings will begin.
• · You can choose to attend preliminary and subsequent hearings. You may be required to give statement to the court.

0.11 Trial procedures

• · You will be informed when public prosecutor files an indictment. This happens when there is reasonable suspicion that a certain person has committed a crime.
• · The trial will be conducted in the Serbian language and an interpreter will be invited if the parties do not speak Serbian.
• · You will need to present at the court in order to testify. You are not required to be present at other court sessions unless the court invites you to provide additional evidence/testimony.
• · Sometimes the court may allow giving of a statement through video call, in which case you may be allowed to testify from the UK.
• · If you are required to attend the court in person, the Serbian authorities will not assist with travel or accommodation arrangements.
• The pre-investigative procedure and the investigative procedure usually take months to conclude. The trial and sentencing process may last several years. The defendant has the right to file an appeal.

0.12 Hiring a lawyer

• · Your lawyer can be present when you give your statements, and they can check the status of your case, review your case file and attend hearings on your behalf.
• · In general, all lawyers who practice criminal law can provide advice in rape and sexual assault cases.
• https://www.gov.uk/government/publications/serbia-list-of-lawyers

0.13 Communication

• · In the pre-investigative and the investigative procedure, the police officers and the prosecutor will keep you updated. It is important that you share accurate contact details to the police officers and the prosecutor.
• · If you are not resident in Serbia, you will be asked to share your contact details and keep the police informed if your details change. The authorities can also communicate with you through your lawyer, if you choose to appoint one.

0.14 Legal aid

• · There is no entitlement to legal aid for victims in Serbia. If you choose to appoint a lawyer you will need to pay for their services.

0.15 Sentencing

• Rape falls into the category of crimes against sexual freedom.
• · The sentence determined by the criminal code is imprisonment of 2 to 15 years.
• · If the perpetrator is found not guilty, the court will order their release.

0.16 Compensation

• · You can file a claim for compensation to be considered at the conclusion of the court proceedings.

0.17 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

NHS Choices website, or search the internet for ‘NHS SARC’

https://www.nhs.uk/service-search/other-services/Rape%20and%20sexual%20assault%20referral%20centres/LocationSearch/364

Scotland

Archway SARC: phone 0141 211 8175

https://archway.sandyford.org/what-is-archway/

Wales

New Pathways SARC: phone 01685 379 310

http://www.newpathways.org.uk/sexual-assault-referral-centre/

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

https://cavuhb.nhs.wales/our-services/sexual-health/services-provided/ynys-saff-sexual-assault-referral-centre/

Northern Ireland

Rowan SARC Northern Ireland: phone 0800 389 4424

http://therowan.net/

• 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.

0.18 Support organisations in Serbia

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

Autonomous Women’s Centre, Belgrade

SOS Helpline - Autonomous Women’s Center (womenngo.org.rs)

Tel: 0800 100 007
Monday to Friday, 10am to 8pm

They offer psychological support and legal advice. Calls and services are free of charge. They have English-speaking staff.

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).