Guidance

St Kitts and Nevis: information for victims of rape and sexual assault

Published 12 July 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.

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 911
• contact your tour operator if you are travelling with one
• contact the British High Commission Barbados on +1(246) 430 7800. 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 St Kitts and Nevis

There is no risk for you in reporting the crime to the local police.

Buggery (defined as oral or anal sex) is against the law. Drinking alcohol is only illegal on election day in St Kitts and Nevis.

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 High Commission on +1 246 430 7800 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 will 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.

The police are there to help you. You should give them as much detail as you can remember, such as:

• where you were
• who was there
• what you were wearing
• what the other person was wearing

If some details are not clear, or you do not remember, you can say that to the police.

Tell the police if you think you have been drugged. Ask for a copy of the police report, and request a translation in English if applicable.

You can speak to either male or female police officers. The local police lead investigations. Police will collect physical and testimonial evidence, which may include:

• clothing worn during the crime
• medical examination
• a detailed account of the incident

The police will keep any clothing and physical evidence which could be used as evidence.

The local police will inform the British High Commission of the assault. When the British High Commission is notified, a consular officer will try and contact you as soon as possible. You can also contact us.

You will not need to hand over your passport during the investigation.

You do not need a lawyer. The Department of Public Prosecutors office conducts the prosecution. However, if you wish to speak to a lawyer for independent legal advice, you can contact a private lawyer.

After you report the crime, the police will take you to the Joseph Nathaniel France General Hospital for examination as part of the investigation.

If you do not want to report the incident to the police in St Kitts and Nevis

The British High Commission 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.

You do not have to report the crime in country, however, the local police recommend you report the crime in country to preserve the best evidence possible. It may also be difficult for local police to investigate the crime if not reported whilst in country.

If you do not report the crime you are still able to seek medical attention from either public or private medical facilities. You can request a forensic examination but there is a possibility that the authorities may become involved.

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 British High Commission Barbados on +1(246) 430 7800, 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 do not want 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 to protect vulnerable people, or to stop more crimes being committed.

The medical examination: what to expect

After you have reported the crime to the police, local tour operators / police will accompany you to the hospital. However, the consular section at the British High Commission can arrange to see you at your earliest convenience with your consent. If you have not sought medical attention and would like to do so, we can help make arrangements. We can also contact friends and family on your behalf and any organisations that may be able to provide assistance.

A doctor responsible for the district where the incident occurred will examine you at the hospital. The doctor could be either male or female depending on who is available at the time of the examination. There is usually a female nurse/member of staff accompanying the doctor during the medical examination. A female police officer will accompany you throughout your examination

There is no difference between the examinations for male and female victims of rape and sexual assault. They will give you a full physical examination which includes the genitalia, swab for DNA and check for any physical injuries. They will not take photographs of you at the hospital. You can ask the police for the results of the examination.

Treatment

Hospital medical staff can give advice on HIV PEP medication (‘Post-exposure prophylaxis’, a treatment that can prevent HIV infection). PEP is available locally in emergencies. You will be need to be prescribed this medication and you will be monitored after you have taken it.

HIV PEP medication must be taken within 72 hours of the incident for it to be effective. The NHS may be able to begin or continue the 28-day treatment on return to the UK.

You can access emergency contraception at any pharmacy, however, you will need prescription and you will need to pay for it.

Emergency contraception must be taken within 72 hours of the incident for it to be effective/

You or your insurance will need to pay for hospital treatment.

If you have had medication administered in St Kitts, you should keep the label or make a note of the name of the medication, so that you can inform your local health provider when you return to the UK.

Police investigations in St Kitts and Nevis: what to expect

The police will take you back to the scene of the crime to identify where the incident occurred. However, you will not be taken to the suspected location of the perpetrator to find and identify them. The police will go themselves based on the description of the perpetrator, to attempt to find or arrest them.

You will normally be asked to identify the perpetrator through an identification (ID) parade. Your identity will be protected. Based on the evidence it may not be necessary for you to make an identification.

After the perpetrator has been arrested, they will be detained until the court sets a date for their hearing. If you have to leave the country before the next available court date, arrangements will be made through the Ministry of Foreign Affairs to request assistance with facilitating an earlier court date. If you are a student the court will try to set a date around your school’s schedule.

The police and Department of Public Prosecutors will give you information about arrangements for the hearing and any further hearings.

You will need to go before the public prosecutor to make a statement in court. Your lawyer cannot do this. Your lawyer has access to your case notes at this stage. All requests for notes are made through the Commissioner of Police. Pro Bono/free legal aid is generally not available.

You will be allowed to leave the country after you have made your statement. You should inform the police of your travel plans to make sure all required processes are completed before you leave.

The preliminary enquiry is heard at the Magistrate Court to determine if there is sufficient evidence to go to trial. If there is sufficient evidence for trial the matter will be set down for trial at a later date in the Supreme Court.

When the matter is heard in the Supreme Court, the Director of Public Prosecution acts on behalf of the victim. It is not necessary for you to have a lawyer for the criminal case. However, if there is a civil case against the perpetrator you will be required to have a lawyer.

Court procedures: what to expect

You will need to testify in court during the trial. If you have returned to the UK and you cannot return to St Kitts you can testify by video link. This is arranged through the local police and Department for Public Prosecution.

You’re entitled to be kept up to date about your case. You can ask for updates through the British High Commission or local police. The Director of Public Prosecutions is available to communicate with you. Hiring a lawyer can protect your legal interests within the justice system, but you do not need to have one.

When you have given your statement there is generally no need to give an additional statement.

The charge of rape is not an automatic state prosecuted charge, the prosecution can also drop the charges depending on the evidence presented.

You can drop charges after they have been filed without any legal consequences. However, you may be reprimanded by the Magistrate at the Magistrate’s Court or the Judge at the High Court.

The perpetrator can press counter charges claiming false accusations.

Trial procedures

There is no set time to determine when or if a trial will be started, however you will be informed once a date has been set for hearing. It may be a long time before a trial date is set. The trial will be conducted in English.

You do not need to attend every court session but could potentially be called for the committal hearing (pre-trial hearing). The trial may be the only required stage when you must attend. You must return to St Kitts and Nevis to give testimony.

If you are required to travel to attend trial in person from where you live, the Kittician authorities may assist with travel and accommodation arrangements. If you have further questions about court proceedings, the consular team can request that the Public Prosecutor inform you as appropriate.

It can take approximately 2 to 3 years or more for a case to come to trial. The length of the trial depends on many factors.

Lawyers in St Kitts and Nevis who specialise in criminal law can provide assistance in rape and sexual assault cases.

Find a list of local lawyers in St Kitts and Nevis.

Communication

The Director of Public Prosecutions office will communicate with you at different stages of the proceedings, such as to inform of trial date and to arrange for testimony.

If you are not in St Kitts then the Director of Public Prosecutor’s office and local police will still maintain contact. The Consular Section at the British High Commission can also follow up on your behalf to provide updates.

Sentencing

The perpetrator in this type of crime would be guilty of a ‘crime against the person’.

Sentences for this type of crime are weighted in favour of punishment. Judges can sentence the perpetrator to go to prison, if they are found guilty.

If the alleged perpetrator is found not guilty, they are released.

Compensation

The courts can order the offender to pay compensation in the event of civil action.

There is no state-funded compensation scheme for people who have suffered injury due to a sexual or violent crime.

When you return to the UK

You may want to inform your GP or a Sexual Assault Referral Centre (SARC) 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.

England

Get help and advice on the NHS website: Help after rape and sexual assault - NHS (www.nhs.uk).

Scotland

Archway SARC: phone 0141 211 8175

Archway Homepage

Wales

New Pathways SARC: phone 01685 379 310

New Pathways homepage

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

Northern Ireland

Rowan SARC Northern Ireland: phone 0800 389 4424

http://therowan.net/

Support organisations in St Kitts and Nevis

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

Special Victims Unit
Royal St. Christopher and Nevis Police Force
Cayon Street
Basseterre
Tel: +1 869 661 5013 / +1 869 663 7987

Disclaimer

This information has been prepared by His Majesty’s 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 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.

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.