Guidance

Luxembourg: information for victims of rape and sexual assault

Published 8 February 2023

If you have 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 is happens. It is traumatic and it can affect you 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 112 or 113 (police)
• contact your tour operator if you are travelling with one
• contact the British Embassy Luxembourg +352 22 98 64

Embassy 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.

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

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 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, you can also ask them to inform the nearest British embassy or consulate on +352 22 98 64 and they can offer you consular support.

If you choose to report the crime, try to do so as soon as possible, ideally within the first 72 hrs, 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 as much evidence as possible by retaining items such as condoms, toothbrushes or electronic communications.

Any items for DNA testing that you keep should ideally be stored in either paper bags or wrapped in paper, rather than in plastic bags, this is to ensure preservation of evidence.

At the police station

Tell the police if you think you have been drugged.

Ask for a copy of the police report to confirm you have reported the crime, with a police reference number. Reports will be provided in one of the official languages of Luxembourg, if you require a translation into English you will need to make these arrangements yourself. You can also find a list of translators.

Victims of rape and sexual assault in Luxembourg, whatever their gender or sexual preference, would not put themselves at risk by reporting the incident to the police.

Police officers are trained to deal sensitively with victims of rape or attempted rape. If you prefer, you can request to be assisted by a particular gender..

If you need an interpreter, the police will be able to provide this - you may have to wait for this service. The police will likely speak English, but all evidence (video or paper) will be recorded in one of the official languages of Luxembourg.

You will be asked to provide evidence or give details of anything that would help the investigation and help identify the accused. This can include details of:

• where the incident took place
• who was involved
• any witnesses
• what happened before, during or after the incident

The clothes you wore may be retained and/or any electrical devices that may be useful such as your mobile phone.

If you wish, consular staff may accompany you to make the police report, depending on practicalities such as location and timings. You will always be able to speak to a consular staff member on the telephone 24/7.

You will need to provide your passport for identification purpose, but it will be returned to you.

You will not automatically be assigned a lawyer, but you may choose to have a lawyer either when you report the crime or at a later stage. In cases involving a minor, a lawyer will automatically be assigned. If you choose to have a lawyer while with the police, you can ask them for a duty lawyer, or you may use one from our list of lawyers or you can search on the Luxembourg bar website.

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

The British embassy or consulate will be able to help you. This includes:

• helping you to contact your insurance company and/or your family
• making arrangements for you to travel back to the UK
• providing you with information on local support in the UK

They can provide you with lists of English-speaking medical facilities, lawyers and translators. See also Support organisations in Luxembourg for further information and contact details.

You can also report the incident to your tour operator, if you’re travelling with one. 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.

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

You can still receive medical attention from hospitals in Luxembourg even if you do not wish to report the crime. In addition, you can contact Umedo. They offer a special forensic documentation service where you can report and document your injuries without reporting the crime to the police. All evidence collected is held for 10 years so if you change your mind about reporting the crime the evidence will still be able to be used.

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

You should report the crime while you are in the country. However, if you decide to return to the UK, you can also report the crime by writing directly to the public prosecutor (procureur d’etat/staatsanwalt) ([email protected] +352 475981-2443). The public prosecutor will pass this on to the police for the investigation and you may be asked to return to Luxembourg in order to provide further information.

You can also report the matter to your local UK police. The UK police should send the information you provide to Luxembourg. 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 required in order to protect vulnerable people, or to stop more crimes being committed.

Reporting the crime in Luxembourg - what happens next?

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.

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 and social media messages. Any items for DNA testing that you keep should ideally be stored in either paper bags or wrapped in paper, rather than in plastic bags, this is to ensure preservation of evidence.

At the police station

Tell the police if you think you have been drugged.

Ask for a copy of the police report to confirm you have reported the crime, with a police reference number. Reports will be provided in one of the official languages of Luxembourg, if you require a translation into English you will need to make these arrangements yourself. You can also find a list of translators.

You will be asked to provide as much information as possible, where possible provide evidence, or give details of anything that would help the investigation and help identify the accused.

This can include details of:

• where the incident took place
• who was involved
• any witnesses
• what happened before, during or after the incident. The clothes you wore may be retained and/or any electrical devices that may be useful such as your mobile phone. These electrical items will be returned to you as soon as possible. You may be asked to submit video evidence of your account, this will help  to avoid you needing to retell information and facts over again at trail

If you agree, the police will take you to hospital for a medical and forensic examination.

The Luxembourg police will not usually inform the UK police about the assault, and they will not usually ask UK police to undertake any police checks on you as the victim.

The medical examination - what to expect

Where to go

Treatment for victims of rape and sexual assault is provided at the five major hospitals in Luxembourg:

• Centre Hospitalier de Luxembourg
• Centre Hospitalier Emile Mayrisch Esch-sur-Alzette
• Hopital Kirchberg
• Zithaklinik and Centre Hospitalier du NordEttelbruck
• the three Planning Familial (Family Planning centres located in the centre, Esch-sur-Alzette and Ettelbruck

See the Support organisations in Luxembourg for further information and contact details.

Hospitals will not automatically report the results of any examination to the police, they will only do this with your consent, except in cases involving minors.

Examinations

Treatment and care for your injuries will always be provided first.  After, forensic medical examinations will be carried out by qualified medical staff. If you prefer these to be done by a particular gender you may request this and hospitals and clinics will try to arrange it, but it may not always be possible.

During the examination doctors will normally:

• take photographs
• take swabs to collect and document evidence and injuries
• do a gynaecological or urological examination
• test for pregnancy (if appropriate) and sexually transmitted diseases. You will be offered treatment to prevent sexually transmitted diseases and/or pregnancy

We can help you find the closest hospital and can call ahead to inform them that you are coming. If you would like a Consular officer to accompany you, we will try to do so where time and location constraints allow for this. It is essential that you receive medical support and care as soon as possible. You will always be able to speak to trained consular staff on the telephone 24/7.

Treatment

Hospital medical staff can give advice on HIV PEP medication (‘Post-exposure prophylaxis’, a treatment that can prevent HIV infection) and will be able to administer the course of PEP. It is medically monitored, so hospital staff will explain when you need to return for the follow up treatments.

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.

The emergency contraception pills Norlevo and EllaOne are available without prescription in pharmacies. All other types of emergency contraception are only available by prescription. You may be charged for contraception as state healthcare in Luxembourg is not completely free.

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

Healthcare costs are covered by both the state and through patient contributions. You may have to pay upfront for some treatment. You can access healthcare in Luxembourg with your Global Health Insurance card (GHIC) if you are visiting Luxembourg.

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 - what to expect

Police investigations in Luxembourg are led by a judge. An investigating magistrate (le juge d’Instruction/untersuchungsrichter) will work with the police to investigate the crime.

To assist the investigation, as well as the evidence and information you provide, you may be taken to the scene of the crime if it will help the police investigation. You may also be asked to identify the suspect if the police make an arrest. This is most likely to be a photographic identification.

The police will try to make an arrest as quickly as possible. They will refer their investigation to the investigating magistrate (le juge d’instruction/untersuchungsrichter) who will decide if they have enough evidence to take to the public prosecutor (procureur d’etat/staatsanwalt).

You will be allowed to return to the UK during the ongoing investigations, but you may also be asked to return, for example, to identify the suspect. Ask the police for further information about this.

Court procedures in Luxembourg - what to expect

The is no legal time limit set in Luxembourg when taking a case to court, the time and length depends on several factors, including complexity of your case, the gathering of information, availability of courts and judges etc.

The judge will decide if you need to give any further testimony in court or if the evidence supplied to the police is sufficient. If you need to provide further evidence in court you should discuss the options for this with your lawyer, for example, you may be able to provide evidence via video in another room or from the UK.

Generally, judges will try to minimise the need for you to re-explain and re-tell the facts of the case more than once.

When you file a complaint with the police, they are obliged to inform the public prosecutor (procureur d’etat/staatsanwalt). If you wish to drop the complaint, you may do so and there are no legal repercussions for you. However, the public prosecutor may still decide to proceed as the final decision to prosecute lies with them and case may still go to court.

The accused is free to make counter-accusations against you for false accusations; a complaint by them can be filed against you for defamation.

You can file a civil claim for physical or mental health damage after the criminal proceedings and claim compensation from the accused. The judge determines the exact amount of compensation. See section below on compensation.

Additional legal information

How can my case be taken to trial

Once you have made an official police report, the police and/or investigating magistrate (le juge d’instruction/untersuchungsrichter) will investigate the crime and gather evidence to take to the public prosecutor (procureur d’etat/staatsanwalt). The public prosecutor will make the ultimate decision if the case can be heard in court.

There are two further options for trial. You can bring the case to court as a civil case, to do this you must file the complaint yourself or through a lawyer. Or you can also bring a private prosecution against the perpetrator before the police court or a criminal chamber of the district court.

The ‘statute of limitations’ in Luxembourg is 10 years. This mean that if you do not wish to report the crime immediately but want to have that option later, you can contact the Umedo service. They will document and store your evidence and forensic results for up to 10 years. This gives you the chance to decide and then use the evidence afterwards.

You will need to submit your evidence in one of the official languages of Luxembourg (French, German or Luxembourgish) and you will be provided a translator or interpreter.

Trial procedures

The public prosecutor is responsible for keeping you updated about the trial procedures including the timings and what may be required from you. Some updates are automatic and some you will need to request. You can find out more about your rights as the victim on the e-justice pages and what information you will need to request on the EJustice EU and Luxembourg Police websites.

You can receive additional support during the trial procedures from the Victim Support Service who can guide you through the legal and trial process. You can also see a further list of support organisations under ‘Support organisations in Luxembourg’.

The language used in court will be one of the 3 official languages of Luxembourg ( usually French or Luxembourgish) but an interpreter will be provided for you if necessary.

If you are required to attend the court proceedings, you may be able to claim expenses; you should speak to your lawyer or the court for further information about this.

It may take some time for the case to come to court, anything between 12 and 18 months, this will depend on several factors including the complexity of the case, and if the suspect is in custody or not.

Hiring a lawyer

A lawyer can represent you fully and help make sure your rights are respected. Some lawyers specialise in rape and sexual assault cases, many specialise in criminal cases generally. You can use our online list of English speaking lawyer in Luxembourg or use the Luxembourg bar association website.

Communication

As a victim of crime, the law gives you certain individual rights before, during and after the criminal proceedings. The police or the prosecutor’s office will inform you of these rights.

At the investigation stage the police will be your main source of communication along with Victim Support (Service d’Aide aux Victim/Die Abteilung für Opferhilfe) if you wish to have their assistance. During the trial, it would be the public prosecutor.

At all stages, you can communicate with your lawyer if you have one. If you return to the UK, you can ask for all correspondence to be provided either via your lawyer or directly to yourself. Find further details about Victim Support in the Support organisations in Luxembourg section.

You can also directly ask the police, public prosecutor’s office and the court to be updated on case developments yourself.

Legal aid

If you are resident in Luxembourg or another EU country, you may be able to apply for legal aid. Legal aid is provided by the Bar Councils of Luxembourg and Diekirch. You can apply using the questionnaire available from the Central Social Assistance Service or on the website of the Luxembourg Bar. You need to sign the application, and address the application to the ‘President of the Bar Association’ in the competent jurisdiction (Diekirch or Luxembourg).

It is means tested and if granted it includes the right to be assisted by a lawyer and any other ministerial officer, such as a notary or a bailiff, where necessary.

Sentencing

Judges will decide on sentences, including if they are weighted in favour of punishment or rehabilitation. Fines, imprisonment and community service are all options that can be decided. In Luxembourg, the maximum sentence is equivalent to 15 years of imprisonment.

If the accused is found not guilty, they are free. You can appeal against this decision and file for civil action and request compensation.

Compensation

Compensation is not awarded automatically. You will need to claim for this in a civil lawsuit. In many situations your rights to compensation would remain theoretical, particularly in the following cases:

• the perpetrator of the attack has not been identified
• the perpetrator of the attack, although identified, remains untraceable
• the offender is insolvent

There is a state-funded compensation scheme, you must either reside in Luxembourg or be a national of a member state of the EU or the Council of Europe to benefit. In addition at the time of the offence, you must be in a regulatory situation in Luxembourg.

When you return 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	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

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.

Support organisations in Luxembourg

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 Service (Service d’Aide aux Victimes)
Parquet General
Batiment Plaza Liberty Entrée C
12-18 rue Joseph Junck
L-1839 Luxembourg
Contact: +352 475 821 -605/627/628/689 or GSM: 621 32 65 95
[email protected]

Assists with access to psychological assistance and therapy, providing information on rights of victims & compensation, accompanying & supporting a victim through the court and judicial procedure

SOS Detresse
+352 45 45 45

Crisis line for people in acute distress, can offer support online and by telephone

Femmes en Détresse/Women in Distress

18-20 rue Glesener
L-1630 Luxembourg

Assists with different aspects of medical, legal and psychological help for victims. It is a large organisation with different sections for support including Fraenhaus which is a refuge for women with or without children in domestic violence situations. Kannerhaus childcare centre. Oxygene: helps teenagers and young adults who are victims of psychological, physical and/or sexual violence. Shelters for women in acute social distress, shelters for adolescents in distress. The website has a lot more services on offers.

ProFamilia

5 rue de Zoufftgen
L3598 Dudelange

Contact: +352 51 72 72 88 or 51 72 72 41 (24/7)

[email protected]

Assists women in violent and abusive situations, also assists women in difficult separation/custody or parenting situations, offers psychosocial support and consultations, administration and legal information, crisis interventions and groups for women experiencing violence. Has a reception centre and temporary accommodation structure for women and children in crises.

Info Man

5 Cour du Couvent
L-1362 Luxembourg

Contact: +352 27 49 65

[email protected]

Assists adult and adolescent men who have been the victim of violence, can offer psychological support and group work, advice and information and arranges shelter access for those suffering domestic abuse.

Aktioun Bobby

Contact: +352 123 21

The Aktioun Bobby Police service offers telephone assistance to children who are victims of physical, psychological or sexual violence:

Umedo

Contact: +352 621 85 80 80

[email protected]

24/7. A service for adult victims of physical and/or sexual violence. If you sustained injuries following an assault they have specially trained doctors, who are bound by the laws of medical confidentiality, to provide a court-recognised documentation and trace evidence collection service. This allows you to store evidence for use at a later date, giving you time to choose.

Hospitals and Medical Centres for treatment of sexual assault

Hospital	address	telephone number	email
Centre Hospitalier de Luxembourg	4 rue Ernest Barblé L-1210 Luxembourg		[email protected]
Centre Hospitalier Emile Mayrisch, Esch/Alzette	Rue Emile Mayrisch L-4240 Esch-sur-Alzette	+352 57 11-1
Centre Hospitalier du Nord, Ettelbruck	120 avenue Salentiny L-9080 Ettelbruck	+352 81 66-1	[email protected]
Hosptial Kirchberg	9 rue Edward Steichen L-2540 Luxembourg	+352 2468 1
Zithaklinik	20-30 rue d Anvers 1130 Luxembourg	+352 2888 1

You can also contact:

Planning Familial (Family Planning)

A service that provides a variety of help and support, medical support, advice and information about contraceptives, legal rights and medical access, psychological support and assistance. They have centres in 3 locations:

name	address	telephone number	email
Centre Luxembourg	Centre Dr M.-P. Molitor-Peffer 6-10 rue de la Fonderie L-1531 Luxembourg	+352 48 59 76	[email protected]
Centre Esch-sur-Alzette	4ème étage 2-4 rue Ernie Reitz/14-16 avenue de la Gare L- 4151 Esch-sur -Alzette	+352 54 51 51	[email protected]
Centre Ettelbruck	18 avenue J.F. Kennedy L-9053 Ettelbruck	+352 81 87 87	[email protected]

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 (2 February 2022).