Venezuela: 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:
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call the local emergency services on 911 from a landline or a mobile phone. Calls to this number are free of charge
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contact your tour operator if you are travelling with one
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contact consular staff at the British Embassy
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 Venezuela
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 or social media messages.
Tell the police if you think you have been drugged.
You might need to insist to get a (written) police report. Request a translation of the report in English, if possible.
If an investigation/legal case is started, you will need to instruct privately the professional assistance of a lawyer.
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 nearest British embassy, high commission or consulate on +58 (0) 212 263 8411 so you can get consular support.
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.
Potential risks
Extramarital sex is not considered illegal in Venezuela.
Although homosexuality is not considered a crime in Venezuela, it is not recognised by any legal framework in terms of fair treatment and equality of individuals.
Drinking alcohol is legal for individuals 18 and over, and drug use (consumption only) is not considered a crime on its own. Please note that possession of any drugs, including marijuana, is a crime punished by law.
Police officers
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.
Making a statement and submitting evidence
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 should:
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tell the police if you think you have been drugged
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ask for a police report and request a translation in English if applicable
The police may keep any clothes or electronic equipment which may be considered as evidence of your attack.
The police may send you to a local state hospital or medical forensic suite for a forensic examination.
You do not need to surrender your passport while an investigation is carried out.
Available support
Local police will not automatically communicate reports of rape and sexual assault to the police in other countries, including the UK police.
Consular staff can accompany and assist you with reporting the incident to the local police.
You may wish to appoint a (private) lawyer to assist you through the next steps and legal proceedings.
After making a statement
The police may take you to the scene of the crime, or where you think the attacker is located to try to identify and arrest the person. If a suspect is brought to the police station, you could be asked to identify them.
If the police make an arrest, the suspect will be taken before the public prosecutor/court. Local legislation dictates that an initial hearing should take place within 48 hours of an individual’s arrest. In practice, an initial hearing may take weeks or months to happen.
You may be asked to appear before the public prosecutor to make a statement. Your appointed private lawyer may provide advice on whether a statement may be submitted in any other way, such as a written statement or declaring through your lawyer.
Hiring a lawyer makes it easier to access your court file and to get first-hand information on the progress of your case. Private lawyers do not usually offer pro bono service but charge a percentage of their fees upfront before accepting a case.
If you do not want to report the incident to the police in Venezuela
The British Embassy will be able to help you, including by:
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helping you to contact your insurance company or your family
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accompanying you to the local hospital or medical facility, where possible
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providing you with lists of medical facilities, lawyers and translators
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helping you with arrangements to travel back to the UK
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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.
You will still be able to get private medical attention, but you will not be entitled to a forensic examination.
You may always seek medical attention, public or private, even if you decide not to report the incident 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.
Forensic examinations are performed in Venezuela by a forensic examiner on instruction of the local police.
Where to go
If a forensic examiner is not available, the police will identify a medical physician who will carry out the examination.
You may also attend a private clinic to get medical attention, at your own cost, but you will not be entitled to a forensic examination.
Examination
If you want someone to accompany you to the hospital, you can contact the embassy or your tour operator to ask for this.
A forensic examiner will normally check the following:
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bruising and external injuries on all areas of the body
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internal injuries by examination and internal swabs
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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
The examiner will ask some questions and may take photographs of any injuries.
You may ask for a female member of staff to be present, subject to staff availability.
Routine examinations do not vary significantly based on gender.
HIV prevention
HIV post-exposure prophylaxis (PEP) medication (a treatment that can prevent HIV infection) needs to be taken within 72 hours of the incident for it to be effective. The NHS may be able to start or continue the 28-day treatment when you return to the UK.
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.
Cost of any hospital treatment and tests are to be covered privately – please contact your insurance company for information on coverage/assistance.
Emergency contraception
Emergency contraception needs to be taken within 72 hours of the incident for it to be effective.
Emergency contraception, also known as the ‘morning after pill’, can be bought from most chemists/pharmacies at your own cost without a prescription or medical referral.
Paying for treatment
Medical treatment is provided free of cost at public hospitals and healthcare facilities, subjected to availability. For private hospitals/clinics the individual must cover the cost of treatment.
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 Venezuela if you want it to be investigated and police to obtain important evidence.
If you live in or are remaining in Venezuela and the crime took place there, you should report the crime there. If you need help to report the crime, you can contact the nearest British embassy, high commission or consulate, or the Foreign, Commonwealth and Development Office in London.
If you do not report the crime in Venezuela 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 Venezuela. 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 Venezuela. This might be necessary to protect vulnerable people, or to stop more crimes being committed.
Court procedures in Venezuela: what to expect
If a suspect is sent to 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.
You are entitled to have access to the case file. However, 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 alleged perpetrator 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.
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. Testifying remotely (virtually) is not normally accommodated by local courts.
In Venezuela court proceedings can take an impossible to determine amount of time to complete. It is advisable to appoint a lawyer to assist you throughout the process.
Defendants have the right to appeal any sentence. The number of appeals will depend on the judicial district and court judging the case. A lawyer can advise you further on this matter.
Sentencing
Sentences for crimes in Venezuela favour punishment rather than rehabilitation of the individual.
Depending on the charges, sentences can go from months of imprisonment to up to 15 years of jail. You should consult with a professional lawyer on what to expect in regard to the specific circumstances of your case.
If a perpetrator is found not guilty, the individual should be released from custody immediately.
Hiring a lawyer
It is advisable to appoint a (private) lawyer to assist you with the authorities throughout the process. Hiring the assistance of a lawyer can facilitate your access to your court file and to first-hand information regarding the progress of your case.
Professional lawyers tend to charge a percentage of their fees upfront before accepting a case.
You can get help from English-speaking lawyers in Venezuela.
Legal aid
You are 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 progress of the case. Due to the large volume of cases that these officers handle, communication with them may be slower than with a private lawyer.
It is advisable to appoint a (private) lawyer to assist you with the authorities throughout the process. Professional lawyers usually charge a percentage of their fees upfront before accepting a case.
Compensation
Venezuelan courts can order the offender to pay compensation to the victim of a crime for any injuries or losses caused, following a criminal conviction or as the result of a civil action. However, in practice,this is not usual.
There are no state-funded compensation schemes to cover physical or psychological injuries suffered as a result of a violent crime in Venezuela.
Points of contact
The police officer in charge of your case is likely to be your main point of contact.
If you appoint a private lawyer, you are more likely to receive information about your case and the progress of any court proceedings, particularly if you have returned to the UK or are not in Venezuela.
Support organisations in Venezuela
It is your choice to let people know about your experience(s). If you are ready to talk, these organisations may be able to help you.
Instituto Nacional de la Mujer (INAMUJER)
Boulevard Panteón
Esquina de Jesuitas
Torre Bandagro - Piso 1,2,3
Parroquia Altagracia
Caracas
Tel.: +58 (0) 212 596 0200 / +58 (0) 212 596 0227
Emergency (24-hour support): +58 (0) 800 MUJERES (0800 685 3737)
<(http://www.inamujer.gob.ve/>
This is a government organisation that provides assistance to women who have experienced rape or sexual assault.
PLAFAM – Asociación Civil de Planificación Familiar
Tel.: +58 (0) 212 693 5262 / (0) 212 271 0244 / (0) 212 509 8846 / (0) 412 227 3712
http://www.plafam.org.ve/
This is a non-government organisation that provides general medical assistance and services to women who have been victim of any form of gender violence, as well as psychological support for victims.
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).