Guidance

Philippines: information for victims of rape and sexual assault

Updated 5 February 2024

If you’ve been sexually assaulted it’s important to remember that it was not your fault. Rape or 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 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, or local Police on +63 946 765 7896 (this hotline is available for either male or female adults and children), or Women and Children Complaints Unit on +63 929 492 6752 and +63 (0)2 8723 0401 local 7296

• contact your tour operator if you are travelling with one

• contact the British Embassy Manila on +63 (0)2 8858 2200. 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 confidence. They can contact your family or friends for you, if you wish

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

Before you go to the police station

If you choose to report the crime, try to do so as soon as possible, so forensic evidence can be retained and documented. Washing yourself or your clothes may make it difficult for the police to obtain forensic evidence. If you change your clothes, make sure you keep the clothes you were wearing in case they are needed by the police, or to obtain evidence. You may also wish to preserve evidence by retaining other items such as condoms, toothbrushes, or texts

If you have a tour operator, ask them 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, ask them to inform the British Embassy Manila on +63 (0)2 8858 2200 and they can offer you consular support.

You can also get support from the local Violence Against Women (VAW) desk in your nearest barangay or the Department of Social Welfare and Development (DSWD), who can refer you to local officials or professionals (such as a psychologist), if you wish.

You do not need to give up your mobile phone to the police. If you have electronic evidence on your phone, such as messages or pictures, the police will ask you to print them and submit them at the police station. Do not delete any electronic evidence as you may need to present this again during trial.

Try to document everything you can remember in writing – either by doing it yourself or by seeking the assistance of a lawyer or a police officer. If you choose to give your statement or affidavit with the assistance of a police officer or a lawyer, they will conduct an interview with you and draft the statement or affidavit based on your responses. Make sure you give statement or affidavit under oath.

If you know a witness to the incident, you can ask them to file a report with you. Corroborative testimony from third-party witnesses will strengthen your case.

At the police station

Tell the police if you think you have been drugged.

There are no risks from reporting rape or sexual assault to the local police. Extramarital sex or homosexuality is not a crime in the Philippines. Drinking alcohol is not a crime, but it is illegal to possess or use prohibited drugs. If prohibited drugs were given to you without your knowledge or consent, the perpetrator will face a stronger sentence, if proven and found guilty.

If you wish, and where timing and location will allow, a Consular Officer from the British Embassy may be able to accompany you to the police station. You can ask to speak to a female or a male police officer, depending on their availability. You can choose to go to a Violence Against Women (VAW) desk and ask to speak to a female officer.

The police will ask you to make a statement about the incident including a description of the perpetrator(s). Ask for a police report, and request a translation in English if applicable.

Normally, the police will arrange for you to attend a medical examination at a government hospital, police ‘medico legal’ clinic or rural health unit (in smaller provinces or islands). However, this may vary depending on the capacity of the police station in your area. Police stations in rural areas, including in areas popular with tourists, may have less capacity. In such instances, you should be prepared to seek medical attention by yourself. Consular staff can help you to do this. The police may also ask you to give your clothes or electronic equipment as evidence of the attack to provide to a forensic examiner. They will return these to you when the trial is completed.

The police may ask you to visit the scene of the crime but you have the right to refuse.

You do not have to give up your passport whilst any investigation is carried out.

After you have given your statement and the police has filed the report, you are usually permitted to leave the Philippines if you wish. However, you may be asked to return to the Philippines to:

• attend the ‘arraignment’, where the accused makes a plea of ‘guilty’ or ‘not guilty’ of the charges
• attend the pre-trial of the accused
• testify at court after the case has been filed

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

The British embassy or consulate will be able to help you. This includes helping you make arrangements to contact your insurance company, your family, 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 a tour operator, you can report the incident to your tour operator them and ask them for assistance. Where possible and if you wish, the tour operator may accompany you to the local hospital.

It is your choice on whether to report the crime, but if you don’t report it, your case may not be investigated.

Generally, you have to report the crime in-country for it to be investigated.

If you do not report the crime, you will not be entitled to a forensic examination or medical examination.

The medical examination: what to expect

If you have been raped or sexually assaulted, you should consider getting medical help as soon as possible.

If you have reported the incident to the police, they may take you to a government hospital, police ‘medico legal’ clinic or a rural health unit (in smaller provinces or islands). Government tertiary hospitals usually have Women and Children Protection Units, which can assist in medico-legal examination (including a physical check), counselling and reporting, where needed. However, facilities may be more limited in rural areas or smaller islands, including in areas popular with tourists. The availability of support and medical assistance will also vary per hospital. You may not be able to choose which hospital you go to.

In Manila, the Philippine General Hospital (PGH) has a ‘One Stop Shop’ that offers full medical assistance for survivors of rape and sexual assault, including counselling.

PGH One Stop Shop – Sagip Unit is open from Monday to Friday 8am to 4pm. Outside these times, you can attend the emergency room and get a referral.

Philippine General Hospital One Stop Shop – Sagip Unit

2nd Floor ER Complex, UP-PGH, Taft Avenue, Manila

Telephone: +63 2 8554 8400 local 3249, +63 (0)928 994 8380 (Smart) or +63 (0)927 620 8146 (Globe)

sagip.unit@gmail.com

Under the evidence law in the Philippines, government doctors are not normally required to take the witness stand.

You can ask the police to take you to a private hospital, but you should ask the doctor who examines you if they would be available and willing to attend trial and testify. You or your insurer will need to pay for all medical treatment and consultations.

If you go to hospital but have not reported the incident to the police yet, they can take forensic evidence and allow you time to decide whether you would like to report the incident.

You will be examined by a licensed health professional, which may include:

• a physical examination

• photographs

• collection of samples

Whenever possible, and if you wish, our staff will accompany you to the hospital.

Treatment

You may be at risk of pregnancy or sexually transmitted infections (STIs). Emergency anti-HIV medication, called post-exposure prophylaxis (PEP) may be administered. HIV testing and PEP medication can normally be provided in some government hospitals, but may not be available in police ‘medico-legal’ clinics or rural health units (in smaller provinces or islands)

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 if you return to the UK.

Emergency contraception needs to be taken within 72 hours to be effective. A medical prescription is required by local pharmacies or you can request one from most government hospitals.

You or your insurer will need to pay for all medical treatment and consultations.

If you have had medication administered overseas, keep the label or make a note of the name of the medication, so that you can let your local health provider know 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.

You must report the crime before you leave the Philippines if you want it to be investigated and for the police to obtain important evidence for the prosecution of the offence.

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 in the Philippines and you need help to report the crime, you can contact the British Embassy Manila on +63 (0)2 8858 2200, or the Foreign, Commonwealth & Development Office in London on +44 (0)207 008 5000.

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’s police force where the crime happened. However, it is for foreign police forces to decide whether to investigate the crime or pursue the filing of a criminal case in their jurisdiction, depending on various factors – including passage of time since the incident, lack of available witnesses or evidence.

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.

Criminal proceedings in the Philippines

You have 3 options if you decide to sue the perpetrator in court in a criminal proceeding:

1. Seek the assistance of the police

2. Seek the assistance of a lawyer for direct filing of the criminal complaint before the Office of the Prosecutor

3. File the criminal complaint with the Office of the Prosecutor directly, without the assistance of a lawyer or the police

You can file your complaint affidavits yourself, or through representatives, police or a lawyer. You should file these in the Philippines or at a Philippine consular office.

Police investigations in the Philippines: what to expect

If the police catch the perpetrator during or immediately after the act, they can arrest them. In this case, the perpetrator must be charged before a court of law within 12, 18, or 36 hours depending on the crime committed. In the event that the suspect is not immediately taken into custody, you will have to go through the process of filing a criminal complaint.

The perpetrator is charged formally after the inquest proceedings are conducted before the public prosecutor (sometimes referred to as ‘fiscal’). During this, the public prosecutor determines cause for taking the perpetrator to trial.

If the prosecutor finds probable cause, they will charge the perpetrator. If not, they will dismiss the complaint and release the suspect from detention. If the prosecutor needs further evidence to establish a probable cause, they can order the release of the perpetrator and refer the case for preliminary investigation before the prosecutor’s office.

If the case is referred for further investigation, it may be because additional evidence is required. You may need to give another statement.

If the report is made immediately after the incident, the police shall take your statement and request that you undergo a medical examination. The police may also take you to the scene of the crime, or where you think the perpetrator is located to try to identify and arrest the person. An arrest can only be made if the crime is reported immediately following the incident. If the crime is not reported immediately, the police will conduct an investigation and follow the regular procedure.

If a suspect is brought to the police station, you will be asked to identify them.

Filing a criminal complaint

If you do not report the crime immediately, the police cannot arrest the perpetrator. Instead, they will conduct an investigation and help you file the criminal complaint before the Office of the Prosecutor for preliminary investigation.

If you decide not to go to the police, but still wish to file a criminal case against the perpetrator, you should appoint a lawyer in the preliminary investigation proceedings. Pro bono legal service is available for clients without funds (individuals with net income of less than Php 24,000 for Metro Manila or Php 22,000 for outside Metro Manila) at the Public Attorney’s Office. If you do not qualify, you can hire any lawyer.

The lawyer will interview you and any witnesses. They will collate the evidence you may have and assist you in drafting the criminal complaint. The criminal complaint will then be filed before the Office of the Prosecutor, who will decide whether or not to take the case before the courts of law.

Rape is a public crime in the Philippines and any other person who has personal knowledge of the events may file the criminal complaint against the perpetrator. Therefore, the victim of rape or any other person may initiate criminal proceedings. This is different to private crimes (for example, acts of lasciviousness or sexual contact), where only the victim may initiate the criminal proceedings.

If you are the complainant, you and your witnesses who signed affidavits are required to appear before a prosecutor to take oath. This is to make sure that the statements are truthful, at the risk of being prosecuted for perjury. Where a public prosecutor is unavailable in your location, the affidavits may be sworn before a person authorised to administer oaths.

After filing the complaint, the prosecutor will serve a subpoena (a writ ordering a person to appear before him or her) to the respondent. Then they provide them with a copy of the complaint and any attached evidence, which they must respond to. The prosecutor will then decide, based on your complaint and the respondent’s counter-affidavit, whether the case should be taken to trial. If the respondent fails to respond, the prosecutor will decide how to proceed based on available evidence and affidavits.

You should stay in the Philippines for the duration of the preliminary investigation if possible. The prosecutor will set at least 2 hearing dates which you’ll be required to attend. If this is not possible, you should speak with your lawyer about using an authorised representative who may attend the hearings on your behalf, or whether it is possible to attend the hearings remotely.

If the prosecutor finds that probable cause is established by the evidence, they will instruct the filing of information before the court, which will commence the criminal proceedings. Otherwise, the complaint shall be dismissed.

Court procedures: what to expect

Hearings are conducted in English. Hearings are usually done in-person, although some hearings by video-conferencing are available upon motion and on specific grounds.

You will be required to be present in court on at least 2 occasions:

1. to attend the arraignment and pre-trial of the accused

2. to testify before the court. The court may also require you to attend the trial as it may deem fit, as when an examination of the scene of the crime is ordered to be conducted. In these instances, the court will serve a subpoena and instruct you to attend the hearing.

You must attend the arraignment and pre-trial. If you do not attend, the accused will be allowed to plead guilty to a lesser charge without your consent and may be able to enter into a plea bargain.

In court, you will need to confirm the testimony you submitted to the police. If the accused pleads ‘not guilty’, you may be cross-examined by the accused’s lawyer.

Cross-examination is an important procedure in a criminal case, as the accused would not have this opportunity during the criminal investigation stage before the police or preliminary investigation stage before the public prosecutor. It should be limited to matters covered by your direct-examination, and any relevant matter to the issues before the court.

You will usually need to attend the court in person. However, you can ask your lawyer about applying to testify from the UK through the Philippines Embassy in the UK, if you cannot return to the Philippines. Before you leave the Philippines, ask your lawyer, the police or the public prosecutor if you can apply to the court to give a testimony in advance.

The trial will consist of 3 main parts:

1. arraignment and pre-trial.

2. presentation of evidence by the prosecution.

3. presentation of evidence by the defence.

The length of the trial will depend on various factors, including the number of cases pending with the court, the availability of the public prosecutor, and COVID related court closures. A criminal trial may take 1 to 5 years.

You are entitled to be informed of progress of your case. You will always be represented by a public prosecutor who has the power to prosecute crimes on behalf of the state. However, they can also hire private lawyers who will act as private prosecutors.

After the case is in court, you are not usually able drop charges. Although an affidavit of desistance can be filed, the court must decide whether the trial should proceed or not. The case may be dismissed if there is failure to prosecute, such as if you fail to attend the hearing to testify. There can be legal repercussions for the accused if you drop charges because you have been forced or paid.

If the case is dismissed, the alleged assailant may press counter charges, for malicious prosecution but only if there is proof that the charges were false and groundless.

Compensation

The courts can order the perpetrator to pay compensation for any injuries or losses either after they have been convicted in a criminal court, or as a result of the civil action.

There is no state-funded compensation scheme to cover physical or psychological injuries suffered as a result of a sexual or violent crime.

Appeals

If the accused is convicted, they can appeal it to the Supreme Court. If the accused is acquitted, only the public prosecutor may appeal the judgement of acquittal. You may independently appeal the finding on civil liability only.

Hiring a lawyer

You do not need to have a lawyer at the preliminary investigation stage before the Office of the Prosecutor. You can draft your criminal complaint and file it yourself. However, some cases are dismissed because the statements are incomplete and the evidence needed to pursue the criminal case is not properly pleaded. If you appoint a lawyer they will ensure you include the right information in your complaint.

You do not need to hire a private lawyer to act as a private prosecutor as the public prosecutor will prosecute the crime on behalf of the state. However, a lawyer can help strengthen your case. A public prosecutor is also expected to do this, but in practice they are often handling a high volume of cases that may affect their availability during trial.

There are lawyers specialising in rape and sexual assault cases. See list of English-speaking lawyers and translators in the Philippines.

Communication

Courts will inform you when you need to appear in court. You can coordinate with the public or private prosecutor for updates on the case.

If you are not a resident in the country, you can give a local address where the court can send information on the progress/update of the case. If you are represented by a lawyer, all communication will be sent to the lawyer.

If your do not want to appoint a lawyer, you can ask the prosecutor handling the case for an update.

Legal aid

You may go to the Integrated Bar of the Philippines (IBP) or other private or law school-run legal aid clinics for free legal assistance. There is no legal aid clinic run by the government except for the Public Attorney’s Office (PAO) and government offices that have legal departments where clients can ask for advice. PAO may provide a legal service free of charge to people who do not have funds and meet their criteria.

Agency	Address	Phone	Email
Integrated Bar of the Philippines – Legal Aid	IBP Building 4th Floor, Doña Julio Vargas Avenue, Ortigas Center, Pasig City	+63 (0)2 8631 3013	ibplegalaid@gmail.com or info@ibp.ph
Public Attorney’s Office - Executive Department	Address PAO 5th DOJ Agencies Building, NIA Road corner East Avenue, Quezon City	+63 (0)2 8929 9436 local 106/107	pao_executive@yahoo.com

Sentencing

Sentences will depend on the gravity of the offence and the circumstances.

If the alleged perpetrator is found not guilty, they are released from detention or if on bail, their bail money is returned.

If the offenders are children, sentences will be in favour of rehabilitation.

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:

Country	Resource
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 NHA Wales
Northern Ireland	Rowan SARC Northern Ireland: 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 the country where the assault took place.

Support organisations in the Philippines

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

Organisation	Address	Phone	Email
Likhaan Centre for Women’s Health	27 Ofelia Street, Barangay Bahay Toro, Quezon City	+63 (0)2 8926 6230	office@likhaan.org
Women’s Legal and Human Rights Bureau	Unit 321 Eagle Court Condominium, Matalino Street, Barangay Centra, Quezon City 1100	+63 (0)2 8921 4389	womenslegalbureau@protonmail.com or womenslegalbureau@gmail.com
World Hope Foundation	CCEF Rm. 302 PDI Condominium Gov. M. Cuenco Avenue, Brgy. Banilad, Cebu City, 6000

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 (February 2022).