Guidance

Denmark: information for victims of rape and sexual assault

Published 2 December 2022

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 +45 112
• contact your tour operator if you are travelling with one
• contact the British Embassy in Copenhagen. 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.

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

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.

You can go to the police directly or contact by phone:

• call +45 112 in an emergency
• call +45 114 if it is not an emergency. You can also ask the police to inform the British Embassy in Copenhagen on +45 3544 5200 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 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.

English is a second language in Denmark and most police officers will speak English, but will normally use an official translator when taking a statement as part of an investigation. If a female officer is not available you can ask the police if a female from Victim Support Denmark is available to sit with you.

If you prefer to speak to someone from the British Embassy for consular assistance in the first instance and would prefer assistance to report to the police or rape centre, ring our 24/7 contact centre on +45 3544 5200.

You do not have to surrender your passport to the police, and you can leave the country after the initial investigation is completed.

The police will tell you about your options for obtaining a lawyer. If you want a specific lawyer to help you, you must request that person.

Read more about lawyers and their role in the section Role of the lawyer below. You will have an opportunity to talk to your legal advocate before the police interview you the first time. In some cases, the police may need to ask you questions before you have spoken with your legal advocate.

Role of the lawyer

They will:

• help, advise and guide you while the police are investigating the case and if the case goes to court later on
• give you advice if you are afraid the perpetrator will contact you
• help you get compensation – by calculating your claim for compensation and submitting the claim during the court proceedings and to the Criminal Injuries Compensation Board
• explain how the criminal justice process works and accompany you if you have to testify in court as a witness

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

The British Embassy in Copenhagen will be able to help you. This includes helping you to make arrangements to contact your insurance company, your family, arrange travel back to the UK and/or provide you with information on local support on return to UK.

We can provide with a list 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. Depending on location and timing, a member of consular staff may be able to accompany you if you would like them to.

It is your choice on whether to report the crime. If you don’t report it, your case may not be investigated, but it may be necessary if you want compensation for the injury or loss you sustained as a result of the offence.

For the crime to be investigated you must report the crime in the country where it was committed, but there is no obligation to do so.

You are entitled to emergency medical assistance even if you are not reporting the crime in country. There are specialist Rape and Sexual Assault Centres across Denmark, covering nine major cities and offering 24/7 support.

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

If you are staying in Denmark, you should report the crime there. If you are a British national and you need help to report the crime, you can contact the British Embassy in Copenhagen, 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 crime 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

Reporting the crime in Denmark - what happens next

The police will interview you about what happened. The interview will normally take place at the local police station. The police may also interview you at the scene of the crime if you are still there or by telephone. The police will transcribe your statement in a police report. You will have the option to read the report and sign it.

Make sure you get the police reference number, in case you want to contact the police later with questions or wish to add information to the case.

The police will normally take you to the nearest hospital, with a Rape and Sexual Assault Centre. Here a specialist nurse is available to provide professional assistance. They will be able to take forensic evidence for the case and provide support. If you are injured, a doctor will attend to your immediate medical needs.

The doctor’s description of your injuries is required as evidence in a potential court case, or if you apply for compensation under the Victims Compensation Act

You will be assigned a contact person within the police while the case is being investigated. They will be able to provide you with guidance and information about your legal position and about the case. Read information from the Danish authorities about the criminal justice process.

In addition, the contact person can tell you about your ‘options for special consideration’ when appearing in court. Read more information from the Danish authorities about the ‘options for special consideration’ in court for witnesses. The contact person is typically a police officer. 

UK police will not automatically be informed about the case by Danish police. You can report the offence to local police on your return to the UK whilst the investigation for ongoing support.

The medical examination – what to expect

All hospitals can provide emergency treatment to victims of rape and sexual assault, however, there are nine specialised Rape and Sexual Assault Centres open 24/7, across Denmark.

These centres are located in: Aalborg, Herning, Aarhus, Kolding, Odense, Holbaek, Hillerod, Copenhagen, and Nykobing Falster.

The centres have specially trained staff to support victims, including access to psychologists and social workers. You can get both emergency and non-emergency help at the centres. You can also access support when months or years have passed.

The centres help regardless of whether you wish to report the assault to the police.

In central Copenhagen the Centre for Victims of Sexual Assault is open 24 hours a day, no appointment is necessary. However, you should call the nurse at +45 35 45 50 32 before coming in.

The Centre recommends:

• you avoid taking a shower
• not changing clothes
• not urinating in a toilet prior to visiting, you should keep urine in a clean cup or jar - this is not obligatory but may be important if you choose to report the crime later

The results of any examination are not automatically shared with the police, but if you are under the age of 18 years the assault will normally be reported to social services and your parents will be informed. If you are age 18 or over, you’ll be asked for written consent before the results are shared with the police.

Some types of medical forensic evidence can only be taken in the first seven days after the assault happened. If the incident happened more than 7 days ago, you should get advice from medical staff about your options. Some types of forensic evidence can be collected later, such as photographs of injuries or hair samples (if you were drugged).

Forensic tests can include:

• testing stools
• taking a sample of nail scraping
• taking photos, where necessary
• gynaecological examination with testing for HIV, hepatitis, and other sexual transmitted diseases
• testing clothes and jewellery for DNA

If reported to the police and where drugs have been involved, a hair sample can be taken up to 4 weeks after the examination.

If you report the crime, the police will collect clothes and other evidence obtained during the examination. If you do not report the crime, the evidence will normally be destroyed after 6 months. If you do not collect your clothes and other personal belongings these will also be destroyed and will not automatically be returned to you.

Based on an individual assessment, you may be able to see a social worker and/or a psychologist free of charge. Appointments are not always available straight away, you may need to wait to book one.

The Centre will normally make sure you see the same nurse if you need to return for another consultation or more support.

The Centres do allow a member of the British Embassy or a known trusted person of your choice to accompany you, if you wish.

Treatment

You will receive:

• a vaccination for hepatitis
• HIV PEP (on prescription)
• any other required medical referrals

HIV PEP medication 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 on return to the UK

Emergency contraception is available immediately.

Emergency contraception needs to be taken within 72 hours of the incident for it to be effective.

If you are a resident in Denmark, the emergency treatment and administration of medication will be free of charge with a local CPR (health card). As a visitor you’ll get emergency treatment and medication. You can also use your Global Health Insurance Card (GHIC) or Emergency Health Insurance Card (EHIC).

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.

Police investigations in Denmark – what to expect

When a police report has been filed and you have provided your initial statement, the police will investigate the case. The police may have to interview you several times during the investigation.

The police may also want you to take part in a photo identification procedure if you are unsure of the identity of the suspect. The police will show you a selection of photographs of possible suspects to see if you recognise them.

The police will also interview others who may be involved, such as the suspect and any witnesses.

There may also be forensic and technical evidence for the police to investigate. This could include fingerprints, DNA traces, or video surveillance recordings.

The police may arrest a suspect if they have reasonable grounds to do so. Suspects, who are detained are heard before a judge within 24 hours of arrest. If there is insufficient information to decide whether a suspect should be remanded in custody, the judge can request further information. In this situation the suspect can be detained for a maximum of 72 hours after the first preliminary statutory hearing. The police will then complete further investigations to present evidence to the prosecution service and a new preliminary statutory hearing will be held to determine whether the suspect should remain in custody or be released. If the suspect is released on court order, the police may still continue the investigation of the case.

Regardless of whether the suspect is in police custody or not, the prosecution service will bring formal charges if the prosecutor finds that there is sufficient evidence for a conviction. When formal charges are brought, the case is sent to the court along with an indictment listing the charges. This means that the suspect is no longer provisionally charged but now formally charged. The suspect will receive a copy of the indictment.

When the court has received the indictment, it sets a trial time and date for the case to be heard. When the date has been set, the suspect and any other charged individuals, as well as the witnesses in the case, will receive a summons to appear in court. The trial can take a while to come to court.

If the police or the prosecution service finds that there is not sufficient evidence of the crime and/or there are no indications that the suspect will be found guilty by the court, the police or the prosecution service may close the case. In this situation, you will be informed accordingly, if you the reported the crime.

If you file a report to the police and subsequently wish to withdraw your statement it will be up to the prosecution service whether the case gets closed and charges dropped. If the case is not closed, but taken to court, you will be required to provide your witness testimony if you receive a summons.

If you intentionally file a false report to the police, you may be charged by police as a criminal case. The suspect may also file a civil legal claim against you for defamatory statements (statements which damage the reputation of another person). This civil claim will not form part of the criminal case against the suspect, it will be treated as a separate civil case.

Court procedures – what to expect

If the case goes to court, the case will be handled by the prosecution service and you will be regarded as a witness under the trial. If you have been appointed a legal advocate, the legal advocate will act as your legal counsel in court and can assist you to understand the process.

You will receive a summons to a court hearing, where you will answer the questions from the prosecutor, the legal counsel of the defendant and the judges.

If you have been a victim of rape or a similar serious crime, you have the right to request a closed session while you provide your witness testimony. Your legal advocate or the prosecutor in the case can ask the court on your behalf to decide that the session will be closed to the public.

When the session is closed, only those directly involved in the case can be present, and nothing said in court may be made public.

Compensation claims will in general be assessed by the court, if the defendant is found guilty.

Trial

The Prosecution service makes the decision to go to trial if there is a sufficient evidence.

If you have been appointed a legal advocate, this will be free of charge.

If the case is going to trial, you will receive a message from your contact at the police. The trial will be in Danish, but you can request a translator to be present if you wish to attend. If you are to provide your witness testimony for the court, a translator will translate your testimony to Danish and translate the question you are to answer.

You do not need to be present at every court session, but if you have to give evidence in court, you will receive a letter summoning you as a witness. If you have been summoned as a witness, you must participate at the indicated time.

You will be awarded compensation for the time spend in the court. The compensation amount is calculated on the basis of the number of hours you spend giving evidence.

If going to court causes you a financial loss, for example, loss of earnings, the court may also increase your compensation. You must be able to prove your loss.

You can also claim considerations for accommodation and transportation when you have to give your witness testimony in court and the distance to the courthouse is more than three kilometres. If you travel by bus, train, or ferry, you will be reimbursed for the cost of a standard ticket. As a rule, you cannot be reimbursed for taxi expenses. If you drive your own car, you will receive compensation in accordance with the current rates. This normally means that you will receive a fixed amount per kilometre.

There is no fixed timescale for the court process. The length of time court proceedings can take depends on a wide range of factors including: case complexity; or if the defendant pleads guilty or not guilty. A defendant has the right to appeal.

Hiring a lawyer

You can hire your own lawyer, rather than request a state appointed legal advocate.

Find an English-speaking lawyer.

You will usually have to pay for your own lawyer.

However, as a victim of rape or sexual assault, you can ask the police for a free legal advocate. The legal advocate is an attorney who can help you and safeguard your interests throughout the criminal justice process. The police will tell you about your options for obtaining a legal advocate, before you are interviewed. You have the right to speak with and consult with your legal advocate before the police interview you.

If you need advice or guidance in addition to what the police, the prosecution service, or your legal advocate gives you, Victim Support Denmark is independent from the official authorities and can put you in contact with professionals who can offer various types of advice and guidance. You can also contact this service if you need to talk to someone anonymously. A Victim Support service in located in each police district. You can find addresses across Denmark by viewing “Lokal offerrådgivning” (local victim support) Ring +45 21209170 if you are in the main Copenhagen area, the anonymous helpline is available 24/7.

Communication

If you have been a victim of violence or another type of crime against your person, you can be assigned a contact person within the police. The contact person can tell you about your options and special consideration to be taken when you appear in court. The contact person is typically a police officer. Read information about your entitlements provided by the Danish authorities (in English) (PDF, 588 KB).

You may be able to ask the police to notify you when the perpetrator has finished serving his or her sentence or is released on probation. This is particularly relevant in cases of serious violence or sexual assault.

If you are not resident in Denmark and cannot receive digital communication via the Danish platform e-Boks, all correspondence from the police and the court will be sent by letter to your residential address. In general it is not possible for public authorities in Denmark to forward notices or letters to your email as it may contain confidential and/or personal information.

If you decline to have a legal advocate, your contact person from the police can keep you updated on the process of the case.

Legal aid

If you have been raped or experienced another similarly serious sexual assault, you will be assigned a legal advocate unless you refuse that option. The legal advocate is an attorney who can help you and safeguard your interests throughout the criminal justice process, at no cost to yourself.

If you find your own lawyer from our list check whether they can provide services for free.

Sentencing

The type of crime the offender is guilty of depends on each individual case. For example, if the offender is found guilty of rape, they are guilty of ‘sexual intercourse with a person without consent’, cf. Section 216 of the Danish Criminal Code.

Sentences will vary depending on the crime the perpetrator is found guilty of and the circumstances of the case, including whether the attack was attempted or actual rape or sexual assault.

• for crimes which are classed as a sexual offence (under part 24 of the Danish Criminal Code) including rape, sexual intercourse with a child under 15, and distribution of child pornography the sentence can range from fines and imprisonment for up to 12 years
• as an example, the sentence for rape is imprisonment for up to 8 years, or 12 years if the offence was committed in a particularly dangerous manner or under aggravating circumstances
• the court will consider the severity of the offence when deciding on the sentence
• the court may also place a restraining order on the offender, including a location ban, residence ban, visit ban, or an emigration ban

If the offender is found not guilty, the prosecution service can appeal the case to the second instance. The appeal request shall in general be delivered within 14 days from the judgement. The same applies, where the offender is found guilty, but the prosecution service finds that the sentence is not proportionate with the offence committed.

Compensation

If you have a claim for compensation or damages, the courts can assess the claim during the criminal case, provided the claim has been claimed under the case e.g. by the state prosecutor or your legal advocate. If the offender is found guilty and it has been proved that you have a valid claim, the court can order the offender to pay damages.

The legal advocate can help you calculate and put forward your claim.

If your claim for compensation is not raised during the criminal case, you can file a civil claim for compensation. In a civil case you will be responsible for hiring a lawyer and proving your losses.

As a victim of crime in Denmark, you can apply for damages and compensation from the Danish state under the ‘Danish Act on Victims Compensation’. This may include personal injuries, damage to clothes and other ordinary personal possessions.

You must report the crime to the police to be eligible for compensation. You can still receive compensation:

• if the offender is not identified
• if the offender is found ‘not guilty’

You cannot get additional compensation if you have received compensation from the offender, insurance or other benefits.

The legal advocate can help with the application for compensation and damages.

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.

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.

Country	Organisation
England	NHS Choices or search the internet for ‘NHS SARC’
Scotland	Archway SARC or phone 0141 211 8175
Wales	New Pathways SARC or phone 01685 379 310 Ynys Saff Sexual Assault Referral Centre (Cardiff and Vale University Health Board)
Northern Ireland	Rowan SARC Northern Ireland or phone 0800 389 4424

Support organisations in Denmark

Regardless of the type of crime or accident you have been exposed to, you can always receive support and guidance at the ‘Offerrådgivningen’ (Victim Support Denmark) . Find a department within your police district, the helplines are open 24 hours a day. It is your choice to let people know. If you are ready to talk about it, these organisations may be able to help you.

Victim Support Denmark - Offerrådgivningen

Vesterballevej 5, Fredericia 7000

24/7 telephone helpline: (+45) 72217221 or (+45) 116 006

Opening hours: Monday to Thursday 9am to 3pm and Friday 9am to 2pm. Email: [email protected]

Trained Volunteers offer:

• someone to talk to in confidence
• information on police and court procedures
• help in dealing with other organisations
• information about compensation and insurance
• links to other sources of help
• information about what to expect in court, including a chance to see the court beforehand and learn about court procedures
• someone to go with you into the courtroom, if you want, to help you feel more at-ease
• a chance to talk over the case when it has ended and to get more help or information.
• support is free and independent of the police or courts

Shelters and support for victims of violence and anonymous support/counselling

Call +45 112 – emergency services if you are in urgent need of help

Call +45 1888 – Abuse National helpline provides 24/7 assistance to victims of assault including finding emergency accommodation and counselling support programmes.

Women’s Crisis Centre

If you are subjected to domestic violence you are free to contact a shelter. You don’t need to contact the city hall, your municipality or any other authorities before you contact us. Likewise, the violence does not have to be reported to the police beforehand.

Telephone: +45 3520 0040 (24 hours a day, 7 days a week)

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 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 (2 February 2022).