Guidance

Guidance for victims of rape and sexual assault in Brazil

Updated 17 January 2024

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 guidance on rape and sexual assault: returning to the UK.

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.

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 emergency number (dial 190 for the police or 192 for ambulance)
• contact your tour operator if you are travelling with one, or
• contact your nearest British embassy in Brasilia on +55 61 3329 2300. 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 Brazil

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 on +55 61 3329 2300 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.

You do not run any risks from reporting a rape or sexual assault to local police in Brazil. Homosexuality and extramarital sex are not crimes in Brazil.

Drinking alcohol is not a crime for adults in Brazil, but driving after drinking is a crime. Taking drugs is not a crime, but acquiring, keeping, transporting, or cultivating drugs for personal consumption are considered crimes.

At the police station

Tell the police if you think you have been drugged.

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

At police stations, there will normally be both male and female police officers to talk to. You can request assistance from a specific gender of police officer when that is available. Some cities in Brazil have a Women’s Police Station (Delegacia da Mulher) with female officers specialised in assisting victims of domestic violence and sexual assault. You may wish to seek support from these police stations, if they are available.

Sometimes there may be an English-speaking officer at the police station, but the police are not required to offer services in English. You might have to wait for an interpreter if an English speaking officer is not available. There are Tourist Police Stations in some states in Brazil such as Rio de Janeiro and Salvador, where there will normally be English-speaking officers available.

Any rape or sexual assault investigation should be conducted by the police chief.

You may be asked to give evidence, depending on what is alleged to have happened. According to Brazilian law, rape is not limited to vaginal penetration. Rape can be any act that generates pleasure (even if merely psychological) for the aggressor. This includes oral sex, touching someone’s body without their consent and even a forced kiss. Evidence taken into account can include photos, videos, witness testimony or proof of hospital admission and prescription of medications.

If you report the incident, you will normally be asked to include a description of the attacker(s). You will be asked about the circumstances of the alleged offence. You may be asked who the attacker is or might be, any description of them and their actions, the location and time of the attack, and if there were any witnesses.

Depending on location and availability, staff may be able to support you at the police station. This can sometimes include providing basic translation and accompanying you to hospital if necessary.

You do not have to surrender your passport whilst any investigation is carried out. You may have to do so however, as a means of identification to complete a police report or to submit a criminal report to the Public Prosecutor’s Office. If you do have to present your passport, it should be returned to you.

You do not need to have a lawyer, but you should hire one if you can. If you cannot afford a lawyer, you can request a lawyer from the Public Defender’s Office free of charge.

After making a statement

The police may request clothes or electronic equipment which may be evidence of your attack to present to a forensic examiner. You are not required to leave anything with the police when reporting the incident. However, if it helps support the evidence, you can provide the police with some material (such as clothes, electronic equipment, etc). When this has been examined, it should be returned to you.

The police will send (or take) you to the local forensic institute, usually a Medico-Legal Institute (IML), for an examination. Only the largest Brazilian cities have an IML. If there is no IML in the city where the attack occurred, you may be taken to the IML in the city nearest to you.

The Brazilian police do not usually inform the UK police about the assault, since it is not seen as a federal crime (investigated by the federal police).

Usually, the local police do not ask the UK to undertake police checks on victims reporting a crime of this kind. However, if the attacker is a foreigner, the local police may notify the embassy of their country, in cases where they do not have a permanent visa.

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

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

• helping you to contact your insurance company, your family, making arrangements to travel back to the UK and/or provide you with information on local support in the UK
• providing lists of English-speaking medical facilities, lawyers and translators

If you are travelling with one, you can also report the incident to your tour operator and ask them for assistance. If you wish, the tour operator may accompany you to the local hospital. If you wish, and depending on location and timing, a member of consular staff may be able to accompany you.

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

You do not have to be in Brazil to report a crime of sexual violence. Someone else can report it to the police chief or Public Prosecutor’s Office. However, if you are not in Brazil, it may be more difficult for the investigation to progress, because forensic examinations may be needed.

If you do not report the crime, you can still get medical care if you go directly to the hospital. However, the hospital will report the incident to the police department, which will begin investigating it, regardless of whether you chose to report it.

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
• if you are staying in Brazil, you should report the crime there. If you are a British national and you need help to report the crime, you can contact the nearest British embassy, high commission or consulate, or the Foreign, Commonwealth & Development Office in London
• if you do not report the crime in Brazil 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 Brazil. 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

The medical examination: what to expect

Where to go

All public hospitals and clinics can offer assistance and treat victims of sexual assault.

Public hospitals do not carry out forensic examinations, only treatment. The results are not shared with the police, unless requested by a court. For a forensic examination, you usually need to report the crime at the local police.

Examination

Forensic examinations take place at the Legal Forensic Institutes in Brazil (Instituto Medico-Legal), which are departments of the Civil Police. When ready, results are usually sent to the investigating police force.

Specialist doctors carry out these examinations. They will check for DNA, injuries and sexually transmitted infections (STIs). They may take photographs of injuries or wounds.

You can ask someone to accompany you to the police station, hospital, etc. Consular officers are usually able to accompany you throughout where timing and location allow.

Treatment

Hospital staff can give advice on and provide post exposure prophylaxis (PEP) treatment that can prevent HIV infection. PEP is medically prescribed and you can only obtain it at public hospitals.

HIV PEP medication must 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 can be given or prescribed by a doctor. Alternatively you can buy it at any drugstore without a prescription or medical referral.

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

The hospital will treat any wounds and injuries, give prophylaxis medication for HIV or STIs, emergency contraception and provide psychological support.

You do not have to pay for treatment at a public hospital. Private hospitals will require payment from you or your insurance company.

If you have medication administered in Brazil, you should keep the label or make a note of the name of the medication. You can then let your local health provider know when you return to the UK.

Police investigations in Brazil: what to expect

To try to identify and arrest the alleged attacker, the suspect is taken to the police station so that you can attempt to identify the attacker without being seen by them. The police do not usually take you to the scene of the crime or the attacker is located.

If a suspect is brought to the police station, you will usually be asked to identify them as part of an identity parade. You will be asked to describe the person. If possible, the suspect will be shown next to other similar persons, and you will be asked to point out the alleged attacker.

If the police make an arrest, the person arrested will be brought before a judge within 24 hours, and a hearing will be held with a public prosecutor and a public defender or a lawyer for the accused. While the suspected attacker is being held, the judge may extend the duration of the investigation for up to 15 days, at the request of a police chief and after hearing from a public prosecutor. After this period, if the investigation is not concluded, the suspect will be released.

You can report the crime either to a police station or to a Public Prosecutor’s Office. Lawyers can do this on your behalf, but you must make a statement later. If you cannot afford to hire a lawyer (you must usually provide evidence of lack of funds or destitution), the public defender’s office offers free legal assistance.

You are allowed to leave the country even before criminal action is filed.

Court procedures: what to expect

Even if you have already given a statement to the police, a judge may ask you to give your testimony. If necessary, you can give your testimony through a process known as a ‘letter rogatory’ via the Brazilian Ministry of Foreign Affairs. A judge in the country where you are will ask you the same questions that the judge in Brazil requests in the letter rogatory.

Even without a lawyer, you have the right to be kept aware and informed of your case. You can ask the investigating police officer for access to the police investigation, or ask the adjudicating court for information about the latest developments. Hiring a lawyer can help facilitate access to this information, because criminal lawyers usually deal frequently with the police station and the court. They can present new elements to collaborate with the investigation or the process. Your lawyer may request authorisation to act as assistant to the prosecution, but the Public Prosecutor’s Office decides whether to take public criminal action.

If your case is referred for further investigation, you may be asked to give an additional statement.

You cannot drop charges after they are filed.

The investigation can be closed because of lack of evidence. However, if it is discovered that a victim has made a false statement of a crime, they may be liable for slanderous reporting or false reporting of a crime.

The alleged attacker may press counter charges claiming false accusations.

After they are convicted in a criminal court, the attacker may be ordered to pay compensation for psychological damages (known as ‘moral damages’) or material damages for any injuries or losses. If they are acquitted in a criminal court, they cannot be ordered to pay for moral damages. However, a civil court may order them to pay damages if you can prove the harm you suffered as a result of their conduct.

Taking your case to trial

After reporting the crime you do not need to take any action in private, but you must be available if requested by the police or judicial authority.

Criminal charges are presented by the Public Prosecutor’s Office based on your crime report to a public prosecutor or on the police’s investigation. You, your lawyer, or someone else must file this report in Brazil. The report must be in Portuguese, and if necessary, an interpreter will be requested for you to report the crime. You should file the report as soon as possible because evidence is more accessible when the crime is recent.

Rape and sexual assault have sentences that range from 6 to 30 years, depending on the circumstances. The maximum statute of limitations is 20 years, which means that after 20 years, the attacker can no longer be tried or sentenced for their crime.

Trial procedures

The trial will be conducted in Portuguese. You can inquire at the Public Prosecutor’s Office whether public criminal action has been filed.

You only need to be present at court if you are called to testify. This hearing can take place in the UK by ‘letter rogatory’, and it is not necessary for you to return to Brazil to testify. Brazil does not provide an expense allowance (travel, accommodation and meals, for example) for you to go to the place where you testify before a Brazilian judge.

The police must complete their investigation within 10 days of arrest, if the accused has been arrested, or within 30 days if they are released. A judge may order this period to be extended.

The average length of time from trial to sentencing for a rape or sexual assault crime is 2 years. However this depends on many variables, from the number of cases happening where the lawsuit is filed, to the number of appeals that the parties file. After the court makes a judgement, the convicted person has the right to appeal, as well as motion for clarification, revision of the judgment, and to extraordinary appeal.

Hiring a lawyer

A privately-hired lawyer can act as an assistant prosecutor, helping the Public Prosecutor to prove the guilt of the accused.

In Brazil, some lawyers specialised in rape and sexual assault cases. This link provides access to our Brazil lawyers and translators lists.

Communication

You do not need to have a lawyer for criminal action to continue, because after your case is opened, the Public Prosecutor’s Office will continue it.

If you do not have a lawyer, you must contact the criminal court where your case is being processed to get progress updates. However, if the judge needs to hear from you again, they will contact you.

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:

Location	Support
England	NHS Choices website, or search online for ‘NHS SARC’
Scotland	Archway SARC: phone 0141 211 8175
Wales	New Pathways SARC: phone 01685 379 310, Ynys Saff Sexual Assault Referral Centre - Cardiff and Vale University Health Board
Northern Ireland	Rowan SARC Northern Ireland: phone 0800 389 4424

If you believe you may be at risk of having contracted a sexually transmitted infection (STI), you should ask your local health provider to test you. You should do this even if you have been tested in the country that the assault took place in.

Support organisations in Brazil

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

Rio de Janeiro

Women Police Station (Delegacia de Atendimento a Mulher) Address: Rua Visconde do Rio Branco, 12 - Centro, Rio de Janeiro - RJ, Telephone number: 2332-9995 Hours of contact: Monday to Friday, 9am to 5pm Language of service: Portuguese

Description of services offered: support to women victims of domestic, family or sexual violence, on the fields of justice, health, education, among others.

You can report an incident to the police in Rio de Janeiro online.

Find out more about the Women Police Station (available in Brazilian Portuguese only).

Empoderadas – Rio State programme

Description of services offered: prevention and support to women victims of domestic, family or sexual violence, on the fields of justice, mental health and social assistance

Telephone number: 21 2334 3591

Sao Paulo

Women Police Station (Delegacias de Defesa da Mulher

There are 7 Police stations in Sao Paulo dedicated for women that are victims of rape and sexual assault and domestic violence with 24 hours service support.

1ª Delegacia de Policia de Defesa da Mulher (1ª DDM)Rua Vieira Ravasco, nº 26 – Cambuci
Telephone number: 11 3241-3328 / 3241-2263
Email:[email protected]

2ª Delegacia de Policia de Defesa da Mulher (2ª DDM) Avenida Onze de Junho, nº 89 – Fundos – Vila Clementino Telephone number: 11 5084-2579 Email: [email protected]

4ª Delegacia de Policia de Defesa da Mulher (4ª DDM)
Av. Itaberaba, nº 731 – 1º andar – Freguesia do Ó Telephone number: 11 3976-2908 / 3975-2181
Email: [email protected]

5ª Delegacia de Policia de Defesa da Mulher (5ª DDM) R. Dr. Coryntho Baldoíno Costa, nº 400 – Tatuapé Telephone number: 11 2293-3816 / 2941-9770 Email: [email protected]

6ª Delegacia de Policia de Defesa da Mulher – Santo Amaro (6ª DDM) R. Sargento Manoel Barbosa da Silva, nº 115 – Campo Grande Telephone number: 11 5521-6068 / 5523-5479

7ª Delegacia de Policia de Defesa da Mulher – S.M.PTA
R. Sábbado D’Angelo, nº 64 – Itaquera
Telephone number: 11 2071-3488 / 2071-4707
Email: [email protected]

8ª Delegacia de Policia de Defesa da Mulher – Sao Matheus
Av. Osvaldo Valle Cordeiro, nº 190 – Jardim Marília Tel: 11 2742-1701 / 2743-3288
Email: [email protected]

You can also file a police police report in Sao Paulo online.

NGO Fala Mulher

Address: Rua Álvaro Nunes, 184, Campo Belo, Sao Paulo Phone: +55 11 3271-7099 Email: [email protected] Available Monday to Friday, 9am to 5pm, in English and Portuguese

Description of services offered: Fala Mulher is a specialist Brazilian charity focused on supporting female victims of domestic and sexual violence. It operates shelters in the south-eastern region of Brazil, the region typically most frequented by British Nationals, and has a national support line where victims can obtain confidential and professional advice. This includes social and psychological assistance and legal advice which the FCDO is unable to provide.

Pernambuco

Sony Santos Centre (Centro Sony Santos) (Next to Hospital da Mulher de Recife)

Address: BR-101, 485, Curado Telephone number: 81 2011 0118
Working hours: 24/7

Description of services offered: support to women victims of domestic, family or sexual violence; emergency healthcare, psychological assistance, social assistance, possibility of filing a police report and a forensic exam within the clinic.

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 (February 2022).