Guidance

Venezuela: information for victims of rape and sexual assault

Updated 30 November 2022

1. Venezuela: information for victims of rape and sexual assault

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.

2. 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 your nearest British Embassy in Caracas: (+58) (0) 212 263 8411. 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

Contact the British Embassy Caracas

3. If you want to report the incident to the police in Venezuela

• 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 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
• please note that although homosexuality is not considered a crime in Venezuela, it is not recognized by any legal framework in terms of fair treatment and equality of individuals
• please consider there might not be a female police officer available. English-speaking police officers are very uncommon in Venezuela. You might want to attend a police station accompanied by an individual that can help you communicate in Spanish
• you might need to insist in order to get a (written) police report
• if an investigation/legal case is started, you will need to instruct privately the professional assistance of a lawyer

4. If you do not want to report the incident to the police in Venezuela

• 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
• You will still be able to get private medical attention, but you will not be entitled to a forensic examination

5. 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

6. Reporting the crime in Venezuela - 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. The police will keep any clothes that may be evidence of your attack to present to a forensic examiner.

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.

The police will ask you to make a statement about the incident, which will also include a description, if possible, of your attacker(s).

You can request an officer of a particular gender; although there is no guarantee one will be available. Interpreters are generally not available, and will not normally be provided by the local authorities. The British Embassy can provide a list of local translators or interpreters upon request.

The police will send you to a local state hospital or medical forensic suite for a forensic examination.

Tell the police if you think you have been drugged.

Insist you get a police report, and request a translation in English if applicable.

7. The medical examination – what to expect

Forensic examinations are performed in Venezuela by a forensic examiner on notification via the local police.

If a forensic examiner is not available, he/she/they will determine the medical physician who will carry out the examination.

The examiner will ask some questions and may take photographs of any injuries.

During the examination, they will normally check the following:

• bruising and external injuries on all areas of the body
• internal injuries by examination and internal swabs
• possible DNA testing and tests relating to date rape drugs or sexually transmitted diseases (STDs). These may be performed by another doctor or department of the hospital

8. Treatment

Hospital medical staff can give you advice on HIV PEP medication (‘Post-exposure prophylaxis’, a treatment that can prevent HIV infection) should you or they feel it is necessary. You should be aware that:

• HIV PEP is subject to availability in Venezuela and it is medically prescribed and closely monitored
• 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
• emergency contraception, also known as the ‘morning after pill’, can be bought from most chemists at your own cost without a prescription or medical referral. It needs to be taken within 72 hours of the incident to be effective
• Cost of any hospital treatment and tests are to be covered privately – contact your insurance company for information on coverage/assistance
• 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

9. Police investigations in Venezuela – what to expect

If you know the person’s whereabouts, the police may take you to those places in order to try to identify and arrest the person concerned. If a suspect is brought to the police station, you may be asked to make an identification.

If the police make an arrest, local law states the individual(s) would be taken before a public prosecutor within 48 hours for an initial hearing. A state-appointed prosecutor will present a case, and the potential charges, to a judge. The judge will examine the charges and decide:

• if the individual(s) will be formally charged, and
• if the individual(s) will remain imprisoned while awaiting for trial

Prosecutors have, by law, 45 calendar days for an investigation to be carried out before any crime is brought before a trial. This period of time is, in practice, significantly longer and impossible to determine.

Investigations are often very lengthy and difficult to track. Hiring the services of a local professional lawyer to follow-up on the case with the police/courts is necessary.

Local authorities will not normally share details of an ongoing investigation with any foreign diplomatic representation, but through a legally appointed representative from the victim - such as a lawyer.

10. Court procedures – what to expect

If a suspect is sent to a summary trial, you will usually be expected to testify in court. If the case is referred for further investigation you may be asked to give an additional statement at a later date.

If the case does not go to trial immediately, you may be summoned to appear later at a trial. You may be expected to attend court in person. However, a lawyer can advise you further on this matter.

A victim is entitled to have access to the case file, however that access without the assistance of a lawyer will be limited. It is advisable to appoint a lawyer to assist you with the authorities throughout the process.

If you change your mind about pressing charges or you are not sure if you want to continue in any legal process, you can retract your statement. To do this you must tell the police or the public prosecutor.

It is possible that the assailant may press counter charges against you claiming that you have made false accusations. The court will investigate these claims and decide on proceedings.

If anyone intentionally makes false accusations to the police, or withholds the truth, they can be prosecuted.

There are no state-funded compensation schemes to cover physical or psychological injuries suffered as a result of a violent crime in Venezuela.

11. How can my case be taken to trial?

A police report would need to be made. If the police make an arrest, a legal process/case will initiate. Local law states the individual(s) would be taken before a public prosecutor within 48 hours for an initial hearing.

12. Trial procedures

If a prosecutor decides to present formal charges for a crime to go to trial, your lawyer should be notified of the proceedings, including the trial date and time.

Trials are conducted in Spanish only. Victims are expected to be present at court during trial. If you cannot be present, you should consult with your lawyer on how best to proceed.

Local authorities will not cover any travel expenses, nor provide any support, in order for victims to attend trial in person.

13. Hiring a lawyer

You should seek the assistance of a local professional lawyer in order to remain informed on the progress of your case.

The British Embassy has a list of local lawyers you may wish to consult. This list is provided for the convenience of the customer, and is in no way an endorsement or recommendation of the services of the names or companies listed.

14. Communication

Any communications in respect to an ongoing investigation/case/trial are usually directed to the victim’s legal representation (lawyer). Courts/prosecutors would not normally remain in direct contact with the victim.

If you are not a resident in Venezuela, you can appoint a professional lawyer as your legal representative for court/legal proceedings through a Power of Attorney.

If you decide not to appoint a lawyer, you will not have access to information in respect of the progress/status of your case. Local authorities would not normally share details of an ongoing investigation/case with any foreign diplomatic representation.

15. Legal aid

You are legally entitled to free legal assistance and orientation. The Public Prosecutor’s Office has victim assistance offices where you can receive information and advice on your participation in the judicial process and the evolution of the case. What can happen is that due to the large volume of cases that these officers handle, communication with them will not be as fluid as it may be with a private lawyer.

It is advisable to appoint a (private) lawyer to assist you with the authorities throughout the process.

Professional lawyers tend to charge a percentage of their fees upfront before accepting a case.

16. Sentencing

Sentences for crimes in Venezuela favour punishment rather than rehabilitation of the individual.

Depending on the charges, sentences can go from mere months of imprisonment to up to 15 years of jail. You should consult with a professional lawyer on what to expect in regards to the specific circumstances of your case.

If a perpetrator is found not guilty, the individual should be released from custody immediately.

17. Compensation

Although Venezuelan courts can order the offender to pay compensation to the victim of a crime for any injuries or losses caused, be that after conviction by a criminal court or as the result of a civil action, this is not usual in practice.

There are no state-funded compensation schemes to cover physical or psychological injuries suffered as a result of a violent crime in Venezuela.

18. 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
Scotland	Archway SARC: phone 0141 211 8175
Wales	New Pathways SARC: phone 01685 379 310
Wales	Ynys Saff Sexual Assault Referral Centre - Cardiff and Vale University Health Board
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 that the assault took place in

19. Support organisations in Venezuela

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

Instituto Nacional de la Mujer (INAMUJER)

• Address: Boulevard Panteón, Esquina de Jesuitas Torre Bandagro. Piso 1,2,3. Parroquia Altagracia, Caracas
• Tel.: (+58) (0) 212 596 0200 / (0) 212 596 0227
• Emergency (24-hour support): (+58) (0) 800 MUJERES (0800 685 3737)
• Official website

Government organisation aimed at providing assistance to women who receive physical, psychological, verbal, financial, sexual violence, women who have suffered rape or attempted rape, who have been victims of prostitution, trafficking or who have suffered sexual harassment.

PLAFAM – Asociación Civil de Planificación Familiar

• Tel.: (+58) (0) 212 693 5262 / (0) 212 271 0244 / (0) 212 509 8846 / (0) 412 227 3712
• Official website

Non-government organisation that provides general medical assistance and various services to women who have been victim of any form of gender violence, as well as psychological support for victims.

20. 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).