Guidance

Myanmar: Information for survivors of rape and sexual assault

Published 23 January 2020

This information is provided to help British nationals overseas make decisions about whether and how to seek medical advice and attention; report to local police; and engage with foreign legal authorities following a rape or other form of sexual assault overseas. It is advisable to read the whole document to help you come to a decision on what to do next. For information on support available in the UK, see Rape and Sexual Assault: Returning to the UK..

1. 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:

• phone the police emergency number on 199 or an ambulance on 192
• contact your tour operator if you are traveling with one
• contact the British Embassy (+95) (0) 1 370863/4/5/7

You or your family/friends in the UK can also call +44 (0) 207 008 1500. We will be polite, patient, sensitive and non-judgmental, and can provide information on local police and medical procedures. Anything you tell them will be treated in the strictest confidence. We can contact your family or friends for you if you wish.

British Embassy Yangon, 80 Strand Road, Yangon, Myanmar

2. If you report the incident to the British Embassy Yangon

Sexual assault can be a very traumatic experience wherever it happens, but it can be even more difficult to deal with when it happens abroad.

2.1 How we can help you

• We take any report of rape and sexual assault very seriously and will try to see you to offer you support as soon as possible, and in private; we aim to be polite, patient, sensitive, and non-judgmental.

• We will listen to you, and take what you tell us seriously, but the amount of information that you give us is entirely up to you.

• We will treat anything you tell us in confidence, which means it will normally only be seen by Consular staff. We will only pass on information to other agencies (such as the Police) and any friends or family with your consent.

• In most cases of rape and sexual assault, victims of both sexes prefer to talk about their ordeal with women. If that is what you want, we will do our best to make sure that a female consular official talks to you.

• We can tell you about local police and legal procedures. However, only you can decide whether or not to report the incident to the police or take legal action – we cannot make this decision for you. Whatever you choose, we will support your wishes.

• If you want to contact the police, we can come to the police station with you. If possible, we can ask that you are interviewed by a male or female police officer if that is what you want.

• We can help you arrange a medical examination by a male or female doctor, if possible and if that is what you want.

• We can contact your family or friends, if that is what you want.

• We can give you information on what professional help is available locally and in the UK, both for you and for your family. This includes a list of local lawyers and interpreters.

• If we do not know the answer to a question, we will tell you, and we will then either find it or signpost you to someone who knows.

For a full guide to how we can help, visit Rape and sexual assault abroad.

3. Safety and medical attention

Your safety and health are paramount. Even if you decided not to report what has happened to the police, you should see a doctor. They can determine if you have been injured in any way and also give you advice about pregnancy and sexually transmitted diseases, including HIV.

If it is possible that you may have been exposed to the HIV virus, you should also ask a doctor about PEPs (Post-Exposure Prophylaxis), an emergency medication which can prevent infection. More information on this is available on the NHS website. In Myanmar this is DUOVIR, and is available in private clinics. Medication should be started as soon as possible within 48 hours, but please note it is important to consult with your doctor for guidance before taking any medication.

You may be able to start or continue treatment on your return to the UK.

Emergency contraception needs to be taken within 72 hours. In Myanmar, Levornogestrel is used for urgent contraception and is available in private clinics and pharmacists.

3.1 Hospitals

Please see our list of hospitals and clinics in Myanmar:

We are advised that government hospitals are equipped with specialist equipment to take evidence for court purposes.

Please note, however, only the government hospital can undertake collection of evidence and forwarding of this evidence to the court authorities. They will not accept evidence or DNA taken at a private clinic or hospital. We are advised that the government hospitals are equipped with specialist equipment to take evidence for court purposes. There is a forensic department at Government Hospitals and Forensic Doctors appointed who will do the necessary medical examination of the complainant and the accused as the case may be.

In the government hospitals you may have to communicate in Myanmar, so if you do not speak the language yourself you should bring someone with you who does. If you wish we can go with you but please bear in mind there might be a delay in reaching you if the incident occurred outside of Yangon.

4. If you want to report the incident to the police in Myanmar

• If you have a tour operator, they should be able to arrange for someone to support you. If you do not have a tour operator and you are in an area where there is a British Embassy we will try to send a consular officer to support you.

• If you approach the police directly, you can also ask them to inform the British Embassy.

• Should you decide 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, try to take those you were wearing to the police. You may wish to preserve evidence by retaining items such as condoms, toothbrushes or text messages.

• Important: local authorities will not accept evidence from a private clinic or international hospital. You must go to a Myanmar government hospital for attention.

• Tell the police if you think you have been drugged.

• Insist you get a police report, and request a translation in English if possible.

There are currently no trained specialist staff in the Myanmar Police Department specifically for victims of sexual crimes but complicated and public interest crimes are investigated by the Criminal Investigation Department.

Every Police Officer is trained to investigate sexual crimes and other crimes. Only experienced police officers at police stations are assigned for such important crimes. The Criminal Investigation Department (CID) investigates crimes where there is no clue of where the accused has run away, or where the crime needs more investigation or important crimes of public interest.

If you chose to return to your country of residence rather than remain in Myanmar after you have reported the crime and received your crime report, it may be possible to give evidence by video link, however, this is on a case by case basis and with permission of the court.

5. What happens when you report a rape or sexual assault to the police?

When you make a report it is recommended to use an interpreter. A consular officer may or may not be permitted to attend but will not be able to interpret or translate for you. The Police will make a First Information Report (FIR) and take down the statement of the complainant, and immediately send the victim to the forensic doctor. The victim will be examined by the doctor for semen and spermatozoa, her nails if there is any flesh of the accused if she had defended herself, and any bruises on her body. The police will also take the clothes worn at that time and send it to the Chemical Examiner for blood, sperm and spermatozoa or any other evidence. The statements of witnesses of the victim will also be taken down. If he is known, the accused will immediately be arrested and his statement taken and he will be sent to the forensic doctor for examination and evidence of any scratches or other injury. The clothes worn at that time will be sent to the Chemical Examiner.

6. If you do not want to report the incident to the police in Myanmar

• The British Embassy will still be able to help you. This includes helping you make arrangements to contact your insurance company, your family, travel back to the UK and/or provide you with a list of English-speaking medical facilities, lawyers, and translators.

• It is your choice as to whether to report the crime and when. However, timing is important for investigation due to forensic evidence. In Myanmar you must report the crime before leaving the country. It is difficult to get a police report number after you have left the country and the police may only accept a report when you are in Myanmar.

• You will still be able to receive medical attention if you do not report the crime, but government hospitals may not be able to provide full assistance without first consulting the police.

7. What happens when someone is detained?

How long does the police have to do an initial investigation and collect evidence?

• If the case is a bailable case as shown in the Schedule II of the Code of Criminal Procedure, the accused shall be granted bail and the investigation will continue and in such cases it might take about 14 days. But for non-bailable cases where the penalty is under 3 years the accused can be remanded for 14 days, under 7 years 28 days and for above 7 years, 42 days. The first 14 days is called the first remand, 28 days the second remand and 42 days the third remand. The investigation and collecting evidence must be finished during that period.

What happens when they have enough evidence – where does the evidence go?

• When the police have all the evidence necessary, the files must be put up to the Township Law Officer (LO), i.e. the Government Prosecutor. If the LO is of the opinion that there is need for further evidence, the LO will write a report on that and send it back, If the evidence is sufficient, the LO will pass it for the proceeding to be filed in Court. If the LO is of the opinion that there is no case, i.e. no crime has been committed, his report will be to set the accused free.

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

It is possible to report the crime to police in the UK. However, it is for foreign police forces to decide whether to investigate a crime committed in their jurisdiction, and in the case of the Myanmar police authorities, they request that the complaint be made in Myanmar. UK police forces cannot investigate crimes committed overseas. Foreign police forces can decide to request assistance from the UK police, but this cannot be guaranteed and is a very lengthy process. It can therefore be very difficult to guarantee that any justice can be accessed locally without reporting the crime locally. Please see Rape and Sexual Assault: Returning to the UK.

9. Sexual assault and rape and the law in Myanmar

Rape and indecent assault is treated as a serious crime in Myanmar. Article 354 of the Penal Code states that whoever assaults or uses criminal force against any woman, intending to outrage or knowing it to be likely that he will outrage her modesty, shall be punished with imprisonment for a term up to two years or a fine or both.

Rape against a woman or man is also punishable with imprisonment which may extend to ten years and shall also be liable to a fine.

There is no separate law for rape or sexual assault against a foreigner.

10. Support organisations in the UK

More information about help available in the UK can be found on:

The National Health Service for victims of rape and sexual assault page.

NHS information on HIV/AIDs and Post-exposure Prophylaxis

10.1 Victim support UK

Victim Support provides information and confidential support to victims of rape and sexual assault, and can refer victims to other support networks and local agencies if necessary. Their national helpline number 0845 3030 900 is open from 9am to 8pm, Monday to Friday, and from 9am to 7pm on weekends and 9am to 5pm on Bank Holidays.

10.2 Police in UK

Project Sapphire is a Metropolitan Police scheme aimed at improving rape investigation and victim care. Project Sapphire can put you in touch with local police and support services wherever you live in the UK.

Victim advice

10.3 Rape Crisis England and Wales

On the Rape Crisis England and Wales website, you will find information about rape and other forms of sexual violence and details of your nearest Rape Crisis Centre if you are looking for support. There is also information for family and friends of sexual violence survivors, students and professionals.

Contact email: [email protected] Freephone: 0808 802 9999 (between 12pm to 2.30pm, 7pm to 9.30pm)

10.4 Rape Crisis Scotland

Rape Crisis Scotland website Freephone: 0808 801 0302 (every day 6pm until midnight) or if you’re hard of hearing, dial minicom number: 0141 353 3091

10.5 The Havens

The Havens website

10.6 The Survivors Trust

The Survivors Trust is an umbrella group, which provides a link to over 70 member organisations working with victims of sexual crime, including child abuse.

10.7 FPA

FPA (previously called the Family Planning Association) provides advice and details of local sexual health clinics in the UK.

10.8 Terrence Higgins

The Terrence Higgins Trust helpline number 0808 802 1221 is open between 10am to 8pm, Monday to Friday and provides information and counseling to people who know or fear they might have a sexually transmitted infection, particularly HIV or AIDS.

11. Survivors UK

Survivors UK supports and provides resources for men who have experienced any form of sexual violence. Their national helpline number 0845 1221201 for men and their families, partners and friends is open between 7pm to 9.30pm, Monday and Tuesday and midday to 2.30pm on Thursdays.

12. Refuge

Refuge has a 24-hour helpline number 0808 2000 247 that offers support and practical help to women experiencing domestic violence, including rape and sexual assault.

13. Relate

Relate offers a relationship counseling service, and provides counseling service for victims of rape and sexual assault and their partners, particularly where trauma leads to relationship difficulties. Their helpline number 0300 100 1234 is open from Monday to Thursday between 8am to 10pm, Fridays 8am to 6pm and Saturdays 9am to 5pm.

14. The Suzy Lamplugh Trust

The Suzy Lamplugh Trust offers advice on personal safety and tips on how to avoid being the victim of aggression. The Trust publishes a ‘Worldwise’ handbook and video on safer travel abroad, and has a ‘Worldwise’ website from which you can download specific ‘safety’ guidance on countries throughout the world.

Telephone: 020 7091 0041 (Monday to Friday 9.30am to 5pm)

14.1 Samaritans

Samaritans’ 24-hour helpline number 08457 909090 offers confidential emotional support for people who are suicidal or distressed.

14.2 Rape and Sexual Abuse Support Centre (South London)

The centre provides support and counseling for women and girls, but can refer male victims to other organisations.

Telephone: 0808 802 9999 (12noon to 2:30pm and 7pm to 9:30pm daily)