Guidance

Slovenia: information for victims of rape and sexual assault

Published 19 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.

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 in Ljubljana on +386 1 200 39 10. 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 Slovenia

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 in Ljubljana on +386 1 200 39 10 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 keeping items such as condoms, toothbrushes, or texts.

At the police station, tell the police if you think you have been drugged.

Insist you get written confirmation that you have reported the crime, and request a translation in English if applicable. In practice, the police can issue such confirmation a few days after you have filed your report.

Be aware that in Slovenia:

• homosexuality, extramarital sex and drinking alcohol are not crimes and everyone should be treated the same under the law
• both women and men should be treated the same when they report rape/ sexual assault
• carrying and taking drugs are crimes. You can be fined for personal use of small amounts of drugs like marijuana. ‘Small amounts’ aren’t defined but this would only apply to very small amounts. Any larger amount would carry more serious penalties

Giving your statement

There may not be a specially-trained police officer available to take your statement. You may be escorted to or have to travel to another police station.

Police officers in Slovenia may not be able to speak enough English to take your statement. The police are responsible for providing you with an official interpreter so you understand what is going on. You may need to wait for the interpreter to arrive at the police station, as they are not always immediately available. Where possible, a female police officer will be present.

A consular officer may be permitted to attend the police station at the discretion of the police officer and depending on location and timing. Reporting the crime to the local police does not hold any risks for you.

In order to gather evidence, the police will ask for the full account of the events preceding the assault, details about the assault and a description of the assailant(s), and will keep any clothes which may be evidence of the crime to present to a forensic examiner. They may also decide to keep any electronic equipment which they consider could contain evidence.

Once an initial verbal report is made to the police, you will be required to give a full statement (called an ‘izjava’ in Slovenian). It is unlikely you will be given a written confirmation of your report immediately, but you can request it afterwards.

After making a statement

As part of the police investigation and immediately after you have given your statement, the police officers will escort and refer you to the local medical unit, if you wish to undergo a medical examination. This will usually be at a hospital in the closest large town. Where possible and if you want, consular staff can accompany you to the hospital with the police.

You will not have to surrender your passport while the investigation is carried out, but you will need to show it as proof of identity.

You will not be provided with a state-appointed lawyer during the investigation process: your interests are represented by the State Attorney’s office. You can hire a lawyer privately if you want to, but you will have to pay for their services.

Your rights

As a victim of rape or sexual assault, you have additional rights under the law:

• access to a counsellor or advisor (financed by the state) before the hearing
• be interviewed by a person of the same sex in the police station and the State Attorney’s office and, to be interviewed by the same person in any further interviews
• not having to answer questions unrelated to the criminal offence, including about your personal life, previous sexual relationships or sexual orientation
• the right to testify by video
• confidentiality of personal data
• the right to a private (not public) hearing

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

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

• helping you to contact your insurance company (insurance companies usually require certificates of notification of the crime to the competent law enforcement authorities as part of the claims process)and your family
• making arrangements for you to travel back to the UK
• providing you with information on local support in the UK
• providing you with lists of English-speaking medical facilities, lawyers and translators

You can also report the incident to your tour operator, if you’re travelling with one. They may be able to help you, including accompanying 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 need a local legal representative to report the crime to the police. You can report the crime by emailing the police with as many details as possible about the rape or sexual assault. The embassy can advise which police administration to send the report to.

You can report the crime in English. The police will get an official translation for their purposes. If you decide to report the rape or sexual assault from the UK, you may want to tell the British embassy so that they can follow up with the police if you want them to

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.

You can report a crime after you leave the country, but this can be more difficult. For example, it may be harder for the police to find the perpetrator or the evidence may be lost.

If you are staying in Slovenia, we recommend reporting the crime there. If you are a British national and 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 Slovenia 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 Slovenia. 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 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 Slovenia. This might be necessary in order to protect vulnerable people, or to stop more crimes being committed.

Reporting the crime in Slovenia: what happens next

You can follow the progress of the pre-trial proceedings against the alleged perpetrator via the police website.

Local police will not usually tell the UK police about the incident.

If the perpetrator is thought to be British, the local police or court is likely to contact the UK police or a court to ask for help in the case. This may include getting in touch with you after you leave Slovenia, for example if they have caught the perpetrator or need more evidence from you.

The medical examination – what to expect

Where to go

All hospitals can treat victims of rape and sexual assault. If you report it to the police, they will take you to the nearest hospital.

You can get a medical examination without reporting the incident to the police, but if you tell the doctor what happened, they might be obliged to report that to the police.

Examination

A doctor will carry out the examination . They will check for external injuries and do swabs for DNA and STD testing. They might take photographs of injuries, if you have reported the assault and give consent. There may not be female medical staff available to conduct your examination, especially if it takes place outside of usual working hours.

If you want, consular staff may be able to come with you to the medical examination (depending on timing and location). You will always be able to speak to trained consular staff on the telephone 24/7. Local tour operators might be able to help too.

Treatment

Hospital treatment and tests for victims of sexual assault are covered by UK health insurance cards: European Health Insurance Card (EHIC) or Global Health Insurance Card (GHIC). If you haven’t travelled with a EHIC or GHIC find out how to apply for one from abroad.

If you have had medication administered overseas, keep the label or make a note of the medication, so that you can tell your local health provider when you return home.

HIV post exposure prophylaxis (PEP) medication

Medical staff at hospitals might not actively offer to prescribe HIV post exposure prophylaxis (PEP) medication, which can prevent HIV infection. At the medical examination you will get a doctor’s report. Take the report to the emergency room / infectious diseases unit, explain what you need and the doctor there should be able to give you a prescription to collect at any pharmacy. This should be covered by your health insurance card (EHIC/GHIC), if you have one.

HIV PEP medication needs to be taken within 72 hours of the incident for it to be effective. Doctors in Slovenia usually prescribe Truvada and Raltegravir.

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

Emergency contraception

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

Emergency contraception is not free, you will need to pay the cost of the treatment. You can buy emergency contraception at any pharmacy, without a prescription or medical referral.

Police investigations in Slovenia – what to expect

When police officers are told about criminal acts, they inform the State Attorney as soon as possible. The State Attorney must start or dismiss the criminal prosecution.

If a suspect is brought to the police station, you might be asked to make an identification.

The State Attorney can ask for the suspect to be brought before them. If the State Attorney starts a criminal prosecution, the prosecution is then under their jurisdiction. The State Attorney has up to one month from the date the end of the investigation was entered in the crime report register, to decide whether to bring charges against a suspect. You will be told when the decision is made.

Under certain circumstances, when justification can be provided, the Senior State Attorney may extend the deadline for making a decision by up to 2 months. You will be told if they do this.

The State Attorney can call you to make a statement if you may have relevant information that could be used as evidence in the criminal prosecution. A lawyer cannot do this on your behalf.

Lawyers usually do not offer free services to victims as they are not legally required in these criminal proceedings. The main function of the State Attorney is to prosecute the perpetrators of criminal offences.

You can leave the country once the case is filed, unless specifically informed otherwise.

Court procedures in Slovenia – what to expect

You can be called to testify before the court. If you have left Slovenia, you will be asked to return. You can ask to give testimony using an audio-video link from abroad. This must be agreed and allowed by the court.

You have the right to be kept updated about the criminal process regardless of whether you have a private lawyer. If you hire a lawyer, the communication would be directed to the lawyer instead of you.

It is unlikely you will need to give an additional statement after giving one to the police, the State Attorney and the court. However, there may be exceptions depending on the case and the investigations. You can be asked to give an additional statement if clarification is needed.

There is mandatory state prosecution for crimes such as rape and sexual assault, so if you choose to drop the charges the case will proceed with out you. Making false accusations is illegal and counter-charges can be brought against you.

How your case may be taken to trial

You do not have to file any formal documents. As soon as the case is reported to the police, they make a report to hand over to the State Attorney’s office.

By law, the state must bring charges against a perpetrator within a set time. This is called the ‘statute of limitations’, and includes rape and sexual assault offences. The amount of time the state has depends on the type of crime and its severity, and can vary from 6 months to 15 years. f forensic evidence is lost, this could reduce the likelihood of charges being brought against a suspect.

Trial procedures

The deadline for the criminal investigation is 6 months. It can be extended for up to 12 months, depending on the circumstances . After the deadline, the State Attorney’s office must either bring charges or rule that there is insufficient evidence to do so. The trial will be held in Slovenian, but if you attend, you will be entitled to a court interpreter if you do not speak Slovenian.

You do not need to attend court sessions unless you are called as a witness in the case. If this is the case, you will be summoned by the court. You will be expected to return to Slovenia, but can ask to give your testimony using an audio-video link from abroad.

If you have to attend the trial to give a witness statement, the court will compensate you for travel and accommodation.

Rape and sexual assault trials can last a long time, especially if the perpetrator is unknown. If the perpetrator is known and detained, the process can last up to 2 years before the court passes the final sentence.

The defendant has the right to appeal.

Hiring a lawyer

A privately-hired lawyer can represent you in all stages of the court trial. They can:

• get information from the court about your case
• file appeals on your behalf
• start new court proceedings if you are not happy with the outcome and want to sue the perpetrator privately
• FCDO has a list of English-speaking lawyers in Slovenia and a list of English-speaking translators and interpreters in Slovenia

Communication

The court will contact you or your lawyer if they need extra information from you, and tell you when the trial is complete.

The police can also keep you updated prior to the case going to court, and if they need any extra information.

Legal aid

You can submit a request to the responsible court to be given free legal assistance. The court will consider your financial situation when making their decision. To apply for free legal assistance you must complete a court form (in Slovenian). You can find a list of translators[SA(47] in Slovenia.

Otherwise, you can hire a lawyer at your own expense and ask the court to reimburse you later in the proceedings. The decision on whether your costs will be reimbursed will be made by the court based on the circumstances of the case.

If you are a minor (under 18 years old) , your legal representative will be state-funded.

If the perpetrator is convicted of a criminal offence in the criminal proceedings, you may, regardless of your financial status, request free legal aid in civil proceedings for compensation of damages from the perpetrator. Submit your request to the State Administration Office.

Sentencing

All sentences imposed in criminal proceedings in Slovenia include both a criminal and rehabilitative aspect.

If the court finds that the perpetrator has committed the criminal offence they are charged with, they will be found guilty of committing one of the criminal offences against sexual freedom.

The specific criminal offence they are found guilty of and the sentence imposed will depend on the circumstances of the case, as established by the court during the criminal proceedings.

If the alleged perpetrator is found not guilty, they are released from detention if they have been detained during the process.

Compensation

The courts can order the offender to pay compensation for any injuries and losses if you have requested financial compensation during the criminal process. This compensation can be for injuries or financial and material losses. The amount of compensation is set by the criminal court, or they can delegate it to the civil court if it would unnecessarily lengthen the criminal process.

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.

If you believe you may be at risk of having contracted a sexually transmitted infection (STI), 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 Slovenia

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

Društvo Beli obroč

‘Beli obroč’ is an anonymous national helpline available in Slovenian and English. It can help with:

• information about the rights of victims and witnesses of crime and misdemeanours
• emotional support
• referral to relevant civil society organisations and institutions
• assistance in applying for compensation

Phone: 01 430 54 90 or 040 772 276
Working hours: weekdays 8am to 4pm
E-mail: beliobroc@gmail.com
Website: Društvo za pomoč žrtvam nasilja - Beli obroč Slovenije

SOS phone for women and children victims of violence

The Centre for Victims of Sexual Violence provides assistance and support to women and children who have survived any kind of violence, including sexual violence. It cannot take the place of a lawyer. They speak English.

Phone: 080 11 55 – 24 hours a day, 7 days a week free of charge
+386 31 699 333 (9am to 3pm)
E-mail: drustvo-sos@drustvo-sos.si
Website: Društvo SOS – SOS 080-11-55 (drustvo-sos.si)

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 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).