Guidance

Andorra: information for victims of rape and sexual assault

Updated 5 August 2024

The British Consulate-General in Barcelona provides assistance to British nationals in Andorra.

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 emergency number in Andorra which is 110. If you contact the 110 number you can receive around the clock immediate assistance from any of the emergency services in Andorra and they have English-speaking staff
• contact your tour operator if you are travelling with one
• contact the British Consulate-General in Barcelona. Consular staff will be empathetic, and non-judgemental, and can provide information on local police and medical procedures. Anything you tell them will be treated in the strictest confidence. Consular staff can contact your family or friends for you if you wish.

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

Before reporting the incident

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 contact the British Consulate in Barcelona we 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 approach the police directly either by the emergency telephone number 110, or in person at a police station. You can also ask the police to inform the British Consulate-General in Barcelona (+34 933666200), and we can give you consular support.

You do not have to report an assault to the Andorran police if you do not want to, but it is usually better to report the crime whilst in Andorra to make it easier for the Andorran police to act and for legal action to be taken against a perpetrator.

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 should try to preserve evidence by retaining items such as condoms, toothbrushes, or texts.

Making a statement

It it your choice whether you report the incident. If you think you want to, then it is recommended to report the crime whilst in Andorra to enable the Andorran police to act against the perpetrator.

If you do decide to report the incident, the police will interview you. You can request to speak to a female officer, if one is available. The police will find an interpreter for you if you do not speak Catalan - you may need to wait a while until one is available. The consulate does not offer interpreting or translation services but may be able to assist you in exceptional circumstances. If a consular officer is available, we can accompany you to the police station and help you to understand what is going on and what to expect next.

Tell the police if you think you have been drugged

Insist you get a police report and ask the interpreter to translate it for you verbally before you sign

Reporting the crime to the police doesn’t create any legal risks for you - extramarital sex, homosexuality or drinking alcohol are not considered criminal offences in Andorra.

Some police stations may not have a quiet and/or private room. You may experience cultural and language differences when you report the incident. Andorran police officers will use technical language and it might seem that they lack empathy when taking your statement.

Initial questioning and investigations are carried out by the police but subsequent investigations are led by a judge at the local investigating court. Very few police officers speak English.

The types of questions that will be asked include:

• the identity of the perpetrator
• a description, where and when the incident happened
• what happened and the circumstances surrounding the incident
• if there were any witnesses

You will be asked to read your statement or the interpreter will read it to you to check the information is correct and then you will have to sign it.

Making a false statement is considered a criminal offence in Andorra. If the police gather evidence to indicate that the allegations are false, the perpetrator can press counter charges against the victim claiming false accusations.

You will be given a copy of this police report (‘denuncia’ or ‘atestat’ in Catalan). Make sure you receive a copy.

The report will be in Catalan. A copy of your statement will be sent immediately to the corresponding court on duty where a judge and prosecutor will examine the information you have provided.

You do not have to surrender your passport whilst the investigation is carried out although you must keep your contact details up to date with the court so you can receive notifications.

You will not automatically be assigned a lawyer but you can appoint your own lawyer. See Find a lawyer in Andorra.

Reporting the crime in Andorra next steps

Evidence

Washing yourself or your clothes may make it difficult for the police to obtain forensic evidence.

The police will usually keep any clothes you were wearing and hand them to a forensic examiner to be used as evidence in court. You will not usually receive these back. They may also take you to the scene of the crime or where you think the perpetrator may be located. You may also be asked to agree to have a mouth swab taken at the time you make your statement.

If you have not already received medical assistance and forensic tests before making your police statement, the police will usually take you to the public hospital which has the facilities to support rape and sexual assault victims.

You’ll be given medical assistance and a specialist forensic doctor will carry out forensic tests for use as evidence in court. This may involve having to wait at the hospital, especially if it is out of hours.

The police in Andorra will not normally inform UK police or ask UK police to undertake police checks on the victim.

The medical examination: what to expect

The sooner the examination takes place, the more chance of collecting any important evidence that may be required.

The public hospital in Andorra has special facilities for victims of rape and sexual assault. If a member of consular staff is available, they will be able to accompany you to the hospital if you so wish. Some hospital staff may speak English, but the majority will speak Catalan.

If you have not already received medical assistance and forensic tests prior to making your police report, the police will take you to the public hospital (see information below).

If you go directly to the hospital, the assistance protocol will depend on if you wish to file a police report:

• If you wish to file a police report: hospital staff will inform the police who will call in the forensic doctor.
• If you do not wish to file a police report: You will be examined by a doctor, not the forensic doctor. Once you have been examined, the doctor is obliged to inform the court and let them know that you do not wish to report.
• In the event of you being unwell to decide: doctors will apply the same protocol as if you would want to report to the police.

You will also be offered support from a social worker. Doctors have to inform the Andorran social services whether you want to file a report or not.

The sooner the examination takes place, the more chance of collecting any important evidence that may be required. The examination will be carried out by a doctor accompanied by the necessary medical staff including a gynaecologist for females and a urologist for males. It may include swabs, blood and urine tests. Consular staff can ask for a female doctor to examine you, though they cannot guarantee that you will be seen by one.

A report will be made listing any injuries. The police take the results and samples taken at your examination at the hospital plus the clothes you were wearing to the scientific police laboratory for forensic examination including establishing the DNA of the perpetrator if possible.

Consular staff will accompany you to the hospital if possible, although the forensic doctor will decide if the consular officer is able to remain with you whilst the examination is taking place.

Please bear in mind that the hospital will ask you for your insurance details. The GHIC (Global Health Insurance card) card is not valid in Andorra.

Andorra’s public hospital:

Hospital Nuestra Señora de Meritxell
Carrer dels Escalls, 14
AD700 Escaldes-Engordany
Tel: +376 871 000

Treatment

The treatment you will receive is aimed to protect you against STDs (sexually transmitted diseases).

Hospital/medical staff will provide a prescription for Post-exposure prophylaxis (PEP) which is a treatment that can prevent HIV infection.

HIV PEP medication needs to be taken within 72 hours of the incident for it to be effective. If you are going back to the UK, the NHS may be able to commence or continue the 28-day treatment on your return.

The forensic doctor will also carry out the following tests: pregnancy test, luetic serology and Hepatitis B.

Doctors will inform the Andorran social services of the tests and medication provided.

If you intend to stay a while in Andorra, the hospital will usually test you for HIV or sexually transmitted diseases.

The results can take some time to come through and if you are staying in Andorra, the hospital will arrange the appropriate follow up tests and treatment. If you are travelling straight back to the UK, you need to contact your local GP straight away on your return. The results may be sent to an email address you provide.

Emergency contraception or “the morning after pill” (in Catalan ‘la píldora postcoital’) may be prescribed to you by the hospital.

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

You may also be prescribed antibiotics. If you are prescribed medication, you will not be able to collect this at the hospital as they do not have their own pharmacies. You will have to go to your nearest pharmacy (“farmacia” in Catalan) with your prescription (“recepta” in Catalan).

It is not possible to buy painkillers such as paracetamol in supermarkets in Andorra. You have to buy them from the pharmacy but you do not need a prescription.

Health cover in Andorra

The Global European Health Insurance Card (GHIC) is not valid in Andorra. Check with your insurance whether they will cover the costs of medication and/or treatment.

Medication

If you have had medication administered overseas, you may wish to keep the label or make a note of the name of the medication and your medical reports, so that you can let your local health provider know when you return home.

Police investigation: what to expect

Once you have made a statement and undergone a medical examination, this information will be sent by the police to the investigating court on duty (Batllia).

You may then be asked to go to the court to reconfirm or ratify your statement before a Judge and Prosecutor. If you are leaving Andorra in the next few days you may be asked to go to court immediately (or the next morning) after making your report to the police. You will be provided with an interpreter.

During the investigation, you could be asked by the court to return to Andorra to attend an ID parade or provide a further statement.

If the police make an arrest, the suspect has to be taken before the court within 72 hours of being arrested. At this stage the Judge and the Prosecutor will decide whether to commit the perpetrator to prison pending further investigation, release the perpetrator provisionally with or without bail pending further investigation, or release them without charges. You may be asked to then ratify your statement and be provided with information on your rights and in particular the right to appoint a lawyer to represent you.

Court procedures: what to expect

The investigation will be led by the investigating court, the “Jutjat de Instrucció”. The police will pass any information to the investigating court and therefore, all requests for updates have to be directed to the court.

If you wish a member of consular staff to accompany you to the court, we will do so although we would only be able to be present when you ratify your statement if the judge allows it. If you have hired a private lawyer, this person would be allowed to accompany you at all times.

The courts will not share information with the British Consulate-General and we will not be able to obtain updates for you. If you appoint a private lawyer, this person will be able to access the case files, obtain updates for you and provide you with more detailed information about the case. You are entitled to be kept informed by the court on the progress of your case. When you attend court to reconfirm your statement, you will be asked whether you want to provide contact details in the UK or Andorra including an email address. It is essential that you keep the court informed of your address in the UK if you decide to leave Andorra.

If you decide to drop the charges, the prosecutor may decide to continue with the case if it is in the public interest to do so. For example, if the suspect is being prosecuted for a series of crimes against others, in addition to your case, it may be in the public interest for the person to be prosecuted.

The perpetrator can press counter charges claiming false accusations.

Trial

Once you have made the initial police report, the court will inform you of any next steps you have to take, such as ratifying your statement or giving evidence in a trial. You do not have to file any additional report with the court unless you want to.

The investigating judge will decide if there is enough evidence for the case to be taken to trial. If you have a lawyer, your lawyer can also help you prepare a private case against the perpetrator if you are not happy with the court investigation.

The sooner you report the assault, the easier it is for the police to gather vital evidence such as forensic evidence and CCTV footage.

Under Andorran law, crimes can no longer be prosecuted after a certain period of time has passed. This varies from six months to thirty years from the date of the offence, depending on its nature.

Trial procedures

Andorran judicial procedures can be lengthy, especially if the perpetrator is not immediately identifiable and/or arrested soon after the assault.

An investigating judge is in charge of leading the investigation into the assault. At the end of the investigation phase when all necessary reports and statements have been completed the judge and the state prosecutor will decide whether there is enough evidence for the case to go to trial. Then either the investigating judge can rule a sentence to which both you and the perpetrator will have to agree with or the case will be passed to a trial court (Tribunal de Corts) presided over by three judges and the state prosecutor. The trial is held in front of a three judges who have access to all the information beforehand and the state prosecutor. This may mean that you are not questioned on every aspect of your statement. The length of the trial depends on the complexity of the case but can be as little as a day or a few hours.

You will be notified by the Andorran authorities of the trial date and if you are in the UK, you will be informed via the UK authorities or the court directly. The trial will be conducted in Catalan and you will be provided with an interpreter when you are asked questions about your statement. You should also be accompanied by your lawyer. Please note that there is usually no simultaneous interpreting of the whole of the court proceedings.

Cases on the basis of the judicial inquiry and the facts, can take years to come to trial - the Andorran court system is very slow. If you have not heard anything from the court for some time, this does not necessarily mean that the case has been filed. The length of the trial itself can also vary depending on the complexity of the circumstances.

You will only have to be present when you give evidence. If you request it beforehand, most courts will be able to provide a screen/curtain for the perpetrator to sit behind whilst you give your evidence. The British Consulate-General Barcelona can help you to make this request.

You will not receive notification of the verdict straight away; rather you will be notified in writing at a later date (normally two months after the end of the trial). On the day of the trial, the judge will give the date when the sentence will be made available.

If convicted the assailant has right of appeal against the length of the sentence which can take months to be resolved.

Hiring a lawyer

As a victim, you do not need a legal representative but if your case is filed or no further action taken by the court, you may wish to appoint a lawyer to argue your case. This can be done from the UK but a UK lawyer would need to instruct a local Andorran lawyer to act.

A private lawyer will represent your interests before the court and is able to present a private prosecution in parallel to the state prosecution. They will have access to pre-trial information held by the court including the statements provided by the perpetrator. If you instruct an English-speaking private lawyer, you will be informed in English about the progress of the investigation and court proceedings. See list of private English-speaking lawyers in Andorra and look for those specialised in criminal law.

Updates about your case

It can sometimes be difficult to obtain information and in practice you may not always receive regular news about the progress of your case.

If you apply for a legal aid lawyer or appoint a private lawyer, this person will be able to obtain updates for you and provide you with more detailed information about the case.

When you attend court to ratify your statement, you will be asked whether you want to provide contact details in the UK or Andorra including an email address.

It is essential that you give the court your contact details, including your email, if you decide to leave Andorra.

Legal aid

Legal aid in Andorra is only available to residents. You can receive initial legal advice from the organisations below but you will need to appoint a private lawyer if you wish to be represented at the court:

• Col.legi d’advocats d’Andorra (Andorran Bar Association): by booking an appointment (only on Wednesdays) via email: [email protected]

• Batllia – (Courts): by booking  an appointment via email: [email protected]

Sentencing

Sentences in Andorra are ruled by the principle of rehabilitation. Prisoners are encouraged to join voluntary rehabilitation programmes in prison which entail certain prisoner privileges.

Sex offences are generally punishable with a prison sentence and its duration will depend on the classification of the offence e.g. sexual abuse or rape.

If the perpetrator is found not guilty, there will be no criminal responsibility. However, during the investigation phase of the proceedings, and if the perpetrator is not remanded to prison, certain provisional measures could be applied for such as a restraining order.

Compensation

The offender may be ordered to pay you compensation once he has been convicted and the sentence is irrevocable i.e. with no right of appeal. The amount will be stated in the sentence.

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

The British Consulate-General in Barcelona will still be able to help you. This includes helping you to make arrangements to contact your insurance company, your family, travel back to the UK and/or provide you with information on local support in the UK.

You can find a list of:

• There is only one public hospital in Andorra
• English-speaking lawyers
• Translators

If you are travelling with a tour operator, you can report the incident to your representative and ask them for assistance. If you wish, the tour operator may accompany you to the local hospital/medical centre. Depending on location and timing, a member of consular staff may be able to accompany you if you wish.

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

If you do not report the assault, you can still get medical attention. However, the hospital has a legal obligation to report any suspected crime to the local authorities for investigation.

Support organisation in Andorra

It is your choice to let people know. If you are ready to talk about it the following organisation may be able to help you:

Stop Violencies

Offers information and support to all individuals who are victims of violence.

Mossèn Cinto Verdaguer, 4-6
Edifici la Llacuna, 2n pis
AD500 Andorra la Vella
Tel:+376 346 721
Email: [email protected]

UK-based support abroad

Glasgow and Clyde Rape Crisis Centre

The Glasgow & Clyde Rape Crisis Centre offer British survivors of sexual violence access to UK-based support from anywhere in the world via their Live Online Support service and helpline: +44(0)8088 00 00 14.

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 the police to obtain the relevant evidence.

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 who should send the information you provide to the country where the crime happened and offer you access to victim support in the UK. The process can take a long time and 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 incident once you have returned to the UK however, it is recommended to report the crime whilst in Andorra to enable the Andorra police to act against the perpetrator

UK police are less likely to have any forensic evidence or to be able to carry out a detailed investigation as evidence such as CCTV is normally only kept for a few weeks. We are also aware that the transfer of a crime report from the UK to Andorra can take a considerable length of time, which again can affect the Andorran police/court’s ability to take action. If you file a report in the UK, by the time the report reaches Andorra, the evidence may have been lost.

Please see Rape and Sexual Assault: Returning to the UK after rape or sexual assault abroad for more information.

When you return home to the UK

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, even if you have been tested in the country that the assault took place in.

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. SARC’s offer medical, practical and emotional support.

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

England

NHS Choices, or search the internet for ‘NHS SARC’

Scotland

Archway SARC

+44 (0)141 211 8175

Wales

New Pathways SARC

+44 (0)1685 379 310

Ynys Saff Sexual Assault Referral Centre - Cardiff and Vale University Health Board

Northern Ireland

Rowan SARC Northern Ireland

+44 (0)800 389 4424

Further sources of support in the UK

Glasgow and Clyde Rape Crisis Centre

Glasgow & Clyde Rape Crisis Centre (Helpline & free phone: +44(0)8088 00 00 14) is a UK-wide support service for women and girls aged 13 and over who have been raped, sexually assaulted or sexually abused at some point in their lifetime. Live Online Support gives British survivors of sexual violence access to UK-based support from anywhere in the world, on Skype, FaceTime, Instant Messenger and email.

The Survivors Trust

The Survivors Trust is a UK-wide national umbrella agency for 130 specialist organisations for support for the impact of rape, sexual violence and childhood sexual abuse throughout the UK and Ireland. Tel: +44(0)808 801 0818.

Women’s Aid

Women’s Aid are available 24/7 on +44(0)808 2000 247.

Victim Support

Victim Support is an independent charity dedicated to supporting victims of crime and traumatic incidents in England and Wales. Their purpose is to provide specialist help to support people to cope and recover to the point where they fell they are back on track with their lives. Call them on +44(0)808 168 911.

Survivors UK

Survivors UK have a national web chat service for men and their families, partners and friends. They open seven days a week and can be accessed through their website. Alternatively, you can WhatsApp them on +44(0)74 91816064 or contact their office on +44(0)203 5983898.

Lifecentre

Lifecentre is a telephone counselling service for under-18s survivors of sexual abuse and those supporting survivors. Contact them on +44(0)1243 786349.

Mankind

Mankind provides one-to-one counselling, therapeutic groups and couple counselling to male victims of sexual assault (age 18+). Contact them on +44(0)1823 334244.

Disclaimer

This information is provided as a general guide and is based upon information provided to the British Embassy by the relevant local authorities and may be subject to change at any time with little or no notice. Accordingly, the Foreign, Commonwealth & Development Office and the British Embassy will not be liable for any inaccuracies in this information. British nationals wishing to obtain any further information must contact the relevant local authority.