Panama: information for victims of rape and sexual assault
Information to help British nationals make informed decisions following a rape or other form of sexual assault abroad.
First steps
If you’ve been sexually assaulted it’s important to remember that it was not your fault. Rape and sexual assault are 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.
It is your choice what you do next, but this information may help you make a decision. The most important thing is to make sure that you are as safe as you can be. You can:
- call the local emergency services on 911
- contact your tour operator if you are travelling with one
- contact consular staff at the British Embassy in Panama
Consular staff will be empathetic and non-judgmental. They 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.
For information on support available in the UK, see Rape and sexual assault: returning to the UK.
If you want to report the incident to the police in Panama
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, high commission or consulate, they will try to send a consular officer to support you, where timing and location allow. You will 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, on +507 297-6550 so you can get 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, take those you were wearing to the police. You may wish to preserve evidence by retaining items such as condoms, toothbrushes, or texts.
Police officers
Both male and female police officers are available within the Panamanian National Police, although the availability of a specific gender cannot be guaranteed at every location or time. English-speaking officers may be available in Panama City and major tourist areas, particularly through the Tourist Police, but this is not guaranteed nationwide.
If no English-speaking officer is available, interpretation assistance may need to be arranged and this could result in delays, as police services in Panama are primarily conducted in Spanish.
Making a statement and submitting evidence
Investigations are led by the Prosecutor’s Office (Prosecutor’s Office), with the police assisting in evidence-gathering and investigative actions. You will be asked to make a statement describing the assault and, as far as possible, provide details of the attacker(s).
The police or Prosecutor’s Office may request any available evidence, including clothing worn during the incident, photographs, videos, electronic communications or other relevant items. Clothing, mobile phones or other electronic devices may be retained temporarily if they are considered evidential and require forensic examination.
If the assault is reported, the police will normally arrange for you to be taken to a hospital or forensic medical facility (Medicatura Forense) for a medical and forensic examination; specialist services are generally available in major cities and regional centres. You do not have to surrender your passport while the investigation is ongoing, and you are permitted to leave the country.
Available support
The Panamanian police will not normally inform UK police of the incident. Consular staff can provide emotional and practical support, explain local police and legal procedures, help contact family or friends if requested, liaise with local authorities where appropriate, accompany you to the police station, and provide lists of English-speaking lawyers, doctors and interpreters, but they cannot act as interpreters or provide legal advice.
A public defender is usually assigned initially; however, you may choose to appoint and pay for your own private lawyer at any stage of the process. The prosecutor leads the investigation, and a private lawyer is not required for the case to proceed.
After making a statement
After reporting the incident, the police may, with your agreement, take you to the scene of the crime or to a location where you believe the attacker may be in order to assist with identification and possible arrest. If a suspect is brought to a police station, you may be asked to identify them. If an arrest is made, the police must bring the suspect before the judicial authorities and the prosecutor within 48 hours. The Prosecutor’s Office will then review the evidence and decide how the case should proceed.
If you file a complaint, you may be required to provide a statement during the judicial process and, if the case goes to trial, you may be asked to give evidence and be cross-examined by the defence. Lawyers can represent your interests and have access to case information during the investigation.
A public defender is normally assigned initially, although you may choose to appoint a private lawyer at your own expense. You are allowed to leave Panama while the investigation or court process continues, and arrangements may be made for your statement to be taken as “anticipated evidence” to avoid the need for you to return in-person.
If you do not want to report the incident to the police in Panama
The British Embassy in Panama will be able to help you, including by:
- helping you to contact your insurance company or your family
- accompanying you to the local hospital or medical facility, where possible
- providing you with lists of English-speaking medical facilities, lawyers and translators
- helping you with arrangements to travel back to the UK
- providing you with information on local support in the UK
You can also report the incident to your tour operator if you are travelling with one. They may be able to help you, including accompanying you to the local hospital.
It’s your choice whether to report the crime. If you don’t report it, your case may not be investigated.
If you choose not to report the crime to the police, you will still be able to receive medical attention. You can attend the nearest hospital, clinic, gynaecologist or doctor for treatment, advice and support.
However, if the incident is not reported to the authorities, a forensic examination will not normally be carried out, and forensic evidence will generally not be collected. Victims may still receive treatment for injuries, advice on sexually transmitted infections, pregnancy prevention and other healthcare needs.
Please note that hospitals and medical centres in Panama are required to report cases of sexual assault to the police.
The medical examination: what to expect
If you are given medication to take while abroad, you should keep the label or make a note of the name of the medication. You can then give it to your local health provider when you return home.
Where to go
All hospitals and medical centres can provide medical care to victims of rape and sexual assault. If specialist treatment or forensic services are required, patients may be referred to a regional hospital or a Medicatura Forense (forensic medical examiner).
If the assault is reported to the authorities, a forensic medical examination can be arranged.
If it is not reported, medical treatment can still be provided, but forensic evidence will generally not be collected. Hospitals and medical centres are required to report sexual assaults to the police.
Examination
If you want someone to accompany you to the hospital, you can contact the British Embassy in Panama or your tour operator to ask for this.
The forensic medical examination is carried out by a doctor or forensic medical examiner following a referral from the police or the Prosecutor’s Office. The examination normally includes a psychological assessment as well as a physical and, where relevant, gynaecological examination.
The examiner will ask questions about the assault and any injuries sustained. They will usually check for bruising and other external injuries across the body, examine for internal injuries, and may take swabs and samples for DNA testing, sexually transmitted infections (STIs), and, where appropriate, testing for drugs used to facilitate sexual assault. Photographs and videos may be taken before, during and after the examination to document injuries and collect evidence.
Victims may request a female doctor, and the British Embassy can assist in making this request where possible, although availability cannot be guaranteed. The nature of the examination will depend on the circumstances of the assault and the victim’s sex, with gynaecological examinations conducted where relevant.
HIV prevention
Local hospital medical staff can advise victims on Post-Exposure Prophylaxis (PEP), a treatment that may help prevent HIV infection following exposure.
PEP should be started as soon as possible and within 72 hours of the assault to be effective. Availability may be limited in some private hospitals and smaller public clinics, so access cannot be guaranteed throughout the country.
PEP is only provided following a medical assessment, is prescribed by a doctor, and is closely monitored throughout the treatment period. Victims can seek treatment at a public hospital or through a private healthcare provider.
Emergency contraception
Emergency contraception is available through hospitals, clinics, pharmacies and private doctors in Panama. Victims who wish to prevent pregnancy following a sexual assault should seek medical advice as soon as possible.
Emergency contraception should generally be taken within 72 hours of the incident to be effective.
The availability and cost may vary depending on the healthcare provider, and treatment obtained through private healthcare services will normally need to be paid for by the patient. It is recommended that victims consult a doctor before taking emergency contraception, and a medical assessment may be required depending on the type of medication provided.
Paying for treatment
Hospital treatment and testing in public healthcare facilities related to a reported sexual assault are generally provided free of charge, including forensic medical examinations arranged through the police or the Prosecutor’s Office.
However, patients are expected to cover the costs of treatment, consultations, medication and tests received from private doctors or private hospitals. Victims should contact their travel insurance provider as soon as possible if they require private medical treatment, as payment is often required upfront.
If you want to report the incident to the police in the UK
The support available to you and your access to justice may depend on where you report the crime.
You may need to report the crime before you leave Panama if you want it to be investigated and police to obtain important evidence.
If you live in or are remaining in Panama and the crime took place there, you should report the crime there. If you need help to report the crime, you can contact the British embassy in Panama or the Foreign, Commonwealth and Development Office in London.
If you do not report the crime in Panama 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 Panama. However, foreign police forces 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 Panama. This might be necessary to protect vulnerable people, or to stop more crimes being committed.
Court procedures in Panama: what to expect
If the case proceeds to trial, you may be required to give evidence and be cross-examined, although arrangements can be made for your statement to be taken as “anticipated evidence” before you leave Panama, allowing you to return to the UK and only be contacted if further information is needed.
You may appoint a lawyer, relative or other trusted person to represent you and receive updates on your behalf, while a privately hired lawyer can provide legal advice, monitor the case, access case information, submit requests to the authorities and pursue compensation claims. If further investigation is required, you may be asked to provide an additional statement.
Although you can retract or amend your statement, rape is an automatic state prosecution in Panama and the Prosecutor’s Office may continue the investigation regardless. Suspects may challenge the allegations, and anyone who knowingly makes false accusations or deliberately withholds the truth may face prosecution.
Trial procedures
Once the incident has been reported and the necessary medical and forensic examinations have been completed, the Prosecutor’s Office will review the evidence and decide whether to bring the case before a criminal court. Court proceedings are conducted in Spanish, although an interpreter will be provided free of charge if required and requested in advance.
You will not normally be required to attend every stage of the proceedings. Arrangements may be made for your statement to be taken as “anticipated evidence”, allowing you to return to the UK while ensuring your evidence remains valid for trial.
If further information is required, the authorities may contact you or your legal representative. In some cases, if your attendance is considered necessary, you may be asked to participate in court proceedings.
The Panamanian authorities do not normally provide financial assistance for travel or accommodation costs associated with attending court hearings. If you choose to return to Panama for trial proceedings, these arrangements would generally be your responsibility. Consular staff can provide information and practical support but cannot fund travel or accommodation.
There is no fixed timeframe for a case to come to trial. Criminal proceedings can take years to conclude, depending on the complexity of the case and the progress of the investigation.
There is also no standard duration for rape and sexual assault trials, as this varies according to the evidence, number of hearings and procedural requirements. Sentencing, where applicable, follows the conclusion of the trial process.
Defendants have the right to challenge judicial decisions through the Panamanian legal system. The availability and number of appeal proceedings will depend on the nature of the decision being appealed and the circumstances of the individual case.
Sentencing
Sexual offences in Panama are prosecuted as crimes against sexual freedom and integrity under the criminal law. If a defendant is convicted, the court may impose a custodial sentence, along with other measures provided for by law. The precise sentence depends on the circumstances of the offence, any aggravating factors, and the evidence presented during the proceedings.
The criminal justice system is primarily focused on prosecution and punishment of the offender, although rehabilitation measures may also form part of the correctional system following conviction.
If the defendant is found not guilty, they will be acquitted and released from any criminal liability in relation to the charges. The case will normally be closed unless the prosecution successfully challenges the decision through the available appeal procedures. Any compensation claim linked to the criminal proceedings is unlikely to proceed if there is no conviction.
Hiring a lawyer
A privately hired lawyer can advise you on your legal rights, represent your interests throughout the investigation and court proceedings, access case information, submit requests and evidence to the authorities, seek updates from the Prosecutor’s Office, represent you in court, and, if you leave Panama, continue acting on your behalf through a power of attorney.
While the prosecutor leads the criminal case, a private lawyer can help ensure your interests are protected and can assist with any compensation claim arising from the offence.
The British Embassy can provide a list of English-speaking lawyers in Panama. Some private lawyers may have experience in criminal law and representing victims of sexual offences. Victims wishing to hire a lawyer should discuss their experience and expertise directly with the lawyer before instructing them.
You can get help from English-speaking lawyers in Panama.
Legal aid
Victims are generally entitled to legal assistance through a public defender (legal aid) at no cost, and a public defender is normally assigned at the outset of the case. Legal aid is not subject to a means test and victims do not need to undergo a financial assessment before receiving this assistance.
Legal aid through a public defender can cover representation during the criminal proceedings, liaison with the authorities, and support throughout the investigation and trial process.
Victims may also choose to instruct a private lawyer at their own expense at any stage. A privately hired lawyer can provide additional legal advice, represent the victim’s interests, monitor the progress of the case, and pursue any compensation claim.
Private lawyers will usually charge for their services, although fee structures vary and should be agreed directly with the lawyer. Fees may be charged before the case reaches court and can include consultations, preparation of documents, representation during the investigation, and court appearances. Victims should discuss costs and payment arrangements with the lawyer before formally instructing them.
Compensation
The criminal courts may order a convicted offender to pay compensation to the victim as part of the criminal proceedings. Compensation is usually considered after a conviction and can cover losses or harm suffered because of the offence. Victims can seek guidance from their lawyer or the Prosecutor’s Office on the level of compensation to claim and the procedure for submitting a claim before trial.
The local guidance does not indicate that Panama has a state-funded compensation scheme available to victims of violent or sexual crime, including foreign nationals. Compensation is therefore generally sought directly from the offender through the criminal justice process rather than through a government-funded scheme.
Points of contact
Communication about the case will normally be through the Prosecutor’s Office and, where appointed, your lawyer. The Prosecutor’s Office is responsible for the investigation and court proceedings, while your lawyer can obtain updates, access case information and communicate developments to you throughout the investigation and trial process.
If you are not resident in Panama, you are permitted to leave the country while the investigation and any court proceedings continue. You may appoint a representative, including a lawyer, relative or another trusted person, through a power of attorney to act on your behalf and receive information about the case. In practice, your lawyer’s contact details can be used for communication with the authorities if you are overseas.
If you do not wish to appoint a private lawyer, a public defender will normally be assigned initially and can assist with communication regarding the case. You may also contact the relevant authorities directly to request updates. Once an “anticipated evidence” statement has been taken, foreign victims will normally only be contacted if further information is required.
Support organisations in Panama
Prosecutor’s Office provides 24-hour assistance to victims of gender-based violence, including legal information, support with reporting offences and referrals to relevant services. Services are provided primarily in Spanish. Contact details and further information are available through the Prosecutor’s Office. Email: violenciadomestica@procuraduria.gob.pa. Phone number: +507 520-1047 / 520-1053
Defensoría del Pueblo (Ombudsman’s Office) promotes and protects human rights, investigates complaints involving public authorities, and can provide information and support to victims. Services are generally available during office hours and are provided in Spanish. Phone numbers: +507 500-9800 / 6670-2222
Ministry of the Woman through its Centros de Atención Integral (CAI) provide specialized support. The Ministry operates shelters for women experiencing violence. Government guidance specifically says these shelters can provide protection plus psychological, legal and health support. Phone number: 506-0506.
Centro de Apoyo a la Mujer Maltratada is and NGO focused on women affected by gender-based violence. Phone number: +507 267-6273.
Glasgow and Clyde Rape Crisis Centre
Glasgow & Clyde Rape Crisis Centre is a support service for British women and girls aged 13 and over who have been raped, sexually assaulted or sexually abused. They can also assist friends and family members of survivors.
Their service gives access to UK-based real time support from anywhere in the world via telephone, instant messaging or email.
Helpline and live chat are available from Monday - Friday 11am – 2pm and Monday - Thursday 5.30pm – 7.30pm UK time.
When you return to the UK
If you think there is a risk that you have 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.
You may want to let your GP or a Sexual Assault Referral Centre (SARC) know what has happened to you. You can talk to them about your experience, and they can help you get further support and advice where you live.
England
Help after rape or sexual assault
Scotland
NHS Inform Scotland: Help after rape or sexual assault
Wales
New Pathways: Life Beyond Sexual Violence
Northern Ireland
The Rowan (SARC)
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 the UK government nor any official of British embassies, high commissions or consulates 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 (2 February 2022).