Guidance

Trinidad and Tobago: information for victims of rape and sexual assault

Published 30 August 2022

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 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 forms 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 999 or 990
• contact your tour operator if you are travelling with one
• contact your nearest High Commission in Trinidad and Tobago, by calling 1 868 350 0444. 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 Trinidad & Tobago

You can call 999 or 990 or 555 or 800 SAVE (7283) or download the “TTPS” App or walk directly into the nearest 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 1 868 350 0444 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 should:

• tell the police if you think you have been drugged
• insist you get a police report, and request a translation in English if applicable

Additional information

In all police stations in Trinidad & Tobago, there is the “Special Victim Department” which comprises trained officers from specialized units that work together when this type of crime occurs. These officers are from the Sexual Offences Unit, Child Protection Unit and Gender Based Violence Unit and Criminal Investigation Department (CID).

You will not run any risk by reporting rape and sexual assault to local police: extramarital sex is not a crime, the use of alcohol and marijuana (30 grams legal amount) for personal use in a personal space is not a crime but the use of drugs such as cocaine, heroin, and ecstasy is unlawful.
Male and female same-sex sexual activity is illegal in Trinidad and Tobago. If you are a victim of male homosexual rape, your case will be carefully handled by trained officers due to this law.

There are both male and female officers within the Special Victims Department to support. Investigations are carried out by the Trinidad and Tobago police service.

Police will ask you for details such as:

• a description of the perpetrator
• details around the date, time, place, lighting conditions at the time of the incident
• whether other persons were present
• if there were any witnesses
• the perpetrator’s contact information (if applicable)
• finger prints
• if protection was used (e.g. condoms) or not

You will be asked to attend an identification parade, a physical journey of events, complete a medical examination (performed by the district medical officer), and provide a detailed statement, including a description of clothing and any other items that were present.

British High Commission Consular Officers will be allowed access to the reception area in the police station. You can also request for us to accompany you while your statement is being recorded. We will offer you emotional support, as well as help and assist you with finding a person of trust (e.g. friend or family) and offer other practical support as needed.

You will not have to surrender your passport while investigations are being carried out.

You will not be specifically assigned a lawyer. Also, there is no need to instruct your own lawyer because the state assigns prosecutors for each matter that goes before the court.

If you do not want to report the incident to the police in Trinidad and Tobago

The British High Commission 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.

They can provide you with lists of:

• English-speaking medical facilities
• lawyers
• 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 must report the crime in Trinidad and Tobago for it to be investigated.

You will be able to receive medical attention at both private and public hospitals. According to local law, all medical staff in Trinidad and Tobago have a responsibility to report rape and sexual assault the district medical officer who will escalate to the local police. This will be done even against the wishes of the victim.

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.

If you are staying in the country where the crime took place, you should report the crime in that country. 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 the country where it happened 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 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 Trinidad and Tobago: what happens next

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.

You should:

• tell the police if you think you have been drugged
• insist you get a police report, and request a translation in English if applicable

During the interview with the police, you will need to provide a detailed statement which includes a description of the attacker(s). You will be asked for details around the date, time, place, lighting conditions at the time of the incident, whether other persons were present, if there were any witnesses, the perpetrator’s contact information (if applicable), finger prints, if protection was used (e.g. condoms) or not.

The police will keep any clothing to present to a forensic examiner as well as any electronic devices for interrogation and analysis purposes. These items will be returned to you.

The police will take you in an official police vehicle and accompany you to the hospital for a forensic examination. In Trinidad, there are six major hospitals and in Tobago, there are two major hospitals that operate on a 24 hours basis. Additional, medical clinics remain accessible during regular working hours (8am to 4pm).

The local police will not inform the UK police but they will notify the Consular Team at the British High Commission. Police will not ask the UK to undertake police checks on the victim.

The medical examination: what to expect

All hospitals and most medical centres provide help and medical treatment to victims of rape and sexual assault.

• the District Medical Officer (DMO) is the only the doctor authorized to perform the forensic examination
• the DMO must report the results to the police in accordance with the law
• the examination will include vaginal/penile swabs, anal swabs, swabs under the nails, any other examination needed according to the physical injuries, blood tests, and radiological tests if needed
• checks include internal and external swabs (described above) and other tests use x-rays and CT scans

Neither the DMO nor medical staff will take any photographs. If the victim is female, a medically trained female chaperone will be present at all times.

Consular staff can accompany you to the hospital but not into the examination room. Similarly, tour operators can accompany you to the hospital but not into the examination room.

Treatment

The District Medical Officer (DMO) can give advice on HIV PEP medication (Post-Exposure Prophylaxis to prevent HIV infection after unprotected sexual intercourse). The medication is available free at the public hospital and is available in the emergency room. It will be medically prescribed by the DMO and can only be given to the victim with a prescription from the DMO. At private facilities, this medication will incur a cost.

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.

Emergency contraception also known as the ‘morning after pill’ is accessible from the DMO and or medical staff in the emergency room, free of charge at public hospitals with a prescription or medical referral from the DMO. At private facilities, this will incur a cost.

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

Once treated at a public hospital or medical centre, all tests and treatments are free of charge. Private hospitals will incur a cost for treatment. You will have to pay for all tests or you can use insurance coverage to cover costs at private facilities.

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 Trinidad & Tobago: what to expect

The police will take the victim to the scene of the crime to collect evidence. However, under no circumstances will the police take the victim to where the perpetrator is to identify or to arrest the person.

The local police will carry out verification exercises in order to narrow down suspects within 24 to 48 hours. If suspect/s have been arrested and brought to the police station, you will be asked to take part in a separate investigation called an identification parade.

If the police make an arrest, the suspect will be taken before court the next working day. The perpetrator would be held at the station if arrested on a weekend or public holiday until he can appear in the magistrate’s court.

Once there is enough evidence to charge the perpetrator or on the advice of the Director of Public Prosecution, the perpetrator appears before the District Magistrate court. At this stage the judge will decide whether to commit the perpetrator to prison pending further investigation or release the perpetrator provisionally with bail pending further investigation.

You are not required to have legal representation when they are giving evidence on behalf of the state. Victims are represented by the police and state prosecutor and appointing a lawyer is not a requirement.

Once the case is filed, you will be allowed to country. The police usually ask how long you intend to remain in Trinidad and Tobago if you live abroad.

Court procedures: what to expect

If a suspect is ordered to trial, you will be expected to testify in court at the beginning of the trial. You will be expected to go in front the public prosecutor to make a statement. If you are in the UK, you can testify virtually via video link.

You will be given updates and feedback on the perpetrator (for example if he was granted bail) from the police or state prosecutor; even without a lawyer. The police or state prosecutor offers the victim advice, next steps, postponements, addressing the court on bail conditions and electronic monitoring if the perpetrator is on bail.

If the case is referred for further investigation you may further interviewed and be asked to give an additional statement.

It not possible for the victim to drop charges once they are filed, even if the victim wishes to do so. Once there is evidence, the state prosecutor will make a hostile witness application against the wishes of the victim and continue to pursue the matter. If the victim wishes to drop the charges, there are no legal repercussions and the victim will not face charges for this.

The charge of rape is an automatic state prosecution that will not be dropped. The alleged assailant cannot press counter charges claiming false accusations in a private or civil case, not in the criminal court. The courts can order the offender to pay compensation for any injuries or losses, either after they have been convicted in a criminal court or as a result of civil action.

Trial

Once you have made a police report and have given evidence, it will be for the police and public prosecutor to investigate the crime, to build a case and to take it to court. All the information about the case is filed with the police prosecutor and police investigator. The victim plays no part in the filing process. Everything is filed on behalf of the victim. The local legal representative is the police/state prosecutor. It will be for the court to decide whether the trial will go ahead, or if further investigations are necessary for this to happen.

Trial procedures

The victim will be informed by the state prosecutor when there is going to be a trial.

Victims do not need to be present at every court session. You are only required to attend the Preliminary Inquiry. When the trial starts you will have specific days that you will are required to attend. You will be able to testify from the UK virtually.

If the victim does have to attend a trial abroad, the authorities in the country will assist with travel and accommodation arrangements. This is highly likely as you will be able to testify from the UK. Meals and ground transport can be provided, however, again highly likely as the victim can testify from the UK virtually.

Due to the current backlog of cases, a rape and sexual assault case can take approximately 3 to 5 years to come to trial. The rape and sexual assault trial can take approximately 3 weeks to 90 days. The Judge determines the sentencing and may occur within 2 weeks. The defendant does have the right to appeal. The defendant can use the local court of appeal and also follow through to the Privy Council.

Hiring a lawyer

They can only provide legal advice, assure that the victim is fairly treated and protected throughout the proceedings and advise on the criminal proceedings, but they cannot prosecute the matter as this responsibility falls on the state.

Find a list of lawyers in Trinidad and Tobago.

Communication

During the police investigations, you will primarily communicate with the police. At all stages of the case, you will be able to communicate with the consular team, the police investigator, victim support unit, rape crisis centre and the police/state prosecutor. From the time of the report is made the police investigator, the victim support and the consular team are notified. The police/state prosecutor is then responsible for case management and the trial. Additionally, the Rape Crisis centre is available at the request of the victim.

If you do not reside in Trinidad and Tobago, there will be no difference in the procedure. However, if required, you may be placed in a safe house. The relevant Embassy or High Commission will be notified. You will not have to give a local address. You may be asked if you are staying with local friend/family or at a hotel or accommodation locally.

In Trinidad & Tobago you are not required to appoint a lawyer as the police/state investigator would provide the information and would keep the victim updated.

Legal aid

You are not entitled to legal aid because the state provides a police/state prosecutor. Private lawyers will charge for services before the case goes to court. You should know that there is no need for a privately appointed lawyer as the police would provide a police/state prosecutor.

Sentencing

Sentences are weighted in favour of punishment.

The perpetrator will be guilty of either rape, serious indecency, grievous sexual assault, buggery (anal sexual assault) and/or statutory rape (sex with minors).

Depending on the case, the sentence for a convicted adult perpetrator can be years of imprisonment

If the perpetrator is found not guilty, they will be acquitted.

Compensation

The offender is not ordered to pay compensation to the victim.

You may be entitled to a state-funded compensation scheme to cover physical or psychological injuries suffered as a result of a sexual or violent crime, which applies to foreign nationals.

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:

England	NHS Choices website, or search the internet for ‘NHS SARC’
Scotland	Archway SARC Phone 0141 211 8175
Wales	New Pathways SARC Phone 01685 379 310
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 Trinidad & Tobago

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

Rape Crisis Society of Trinidad and Tobago
15 Nepaul Street, St. James, Trinidad, W.I.

[email protected]

+1 (868) 346-2637

Bilingual freephone hotline operates 6pm to 6am
English and Spanish speaking
Contact number: 866-7428 (SGBV)

Services provided:

• free and confidential counselling: offered remotely from Monday to Friday and two (2) Saturdays monthly. Counselling is extended to the migrant population with the use of Interpreters
• education and outreach programmes: providing edifying information and material regarding sexual and domestic crimes to groups, institutions and communities
• training workshops: offering practical and engaging training sessions to efficiently equip participants with vital tools, skills and knowledge for treating survivors of sexual and gender-based violence
• counselling courses: facilitating Basic and Advanced Counselling Courses on an annual basis for persons working with survivors of sexual and domestic violence

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 (02/02/2022).