Guidance

Ukraine: information for victims of rape and sexual assault

Published 15 February 2023

Due to the ongoing conflict in Ukraine, the British Embassy in Kyiv cannot provide in-person consular support to British nationals. We will continue to provide support and advice on the phone.

This information is 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 on 102
• contact the British Embassy Kyiv on +38 044 490 36 60

We can:

• be empathetic and non-judgmental. Anything you tell us will be treated in the strictest confidence
• provide information on local police and medical procedures
• give you a list of local lawyers and interpreters
• help you contact your insurance company
• contact your family or friends for you if you wish
• help you to make contact with police should you wish to make a report
• help to make arrangements to travel back to the UK
• provide you with information on local support in the UK

We cannot:

• report to police on your behalf
• provide legal advice
• offer professional translation service

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

You will need to make a report to the police directly. If you wish to receive consular support, you can ask the police to inform the British embassy on +38 044 490 36 60.

If you need advice on how to report the crime to the local police, you can contact the nearest British embassy, high commission or consulate, or the Foreign, Commonwealth & Development Office in London.

Usually you will need to attend the police station to report a crime while you are still in Ukraine. Another person can also do this on your behalf. If a lawyer is representing you, provide the legal services agreement between you and the lawyer to the police.

All communication and written statements will be in Ukrainian. If you do not speak Ukrainian, you can find a list of English-speaking translators.

Your report will be crucial for the investigation. If you do not report it in person at the time, you will need to visit the police station at a later stage to provide your statement. After the investigation has been completed, the police investigator or prosecutor will submit the case to the court.

There is no statutory period for reporting most crimes. However we recommend you report the crime as soon as possible, to enable forensic evidence to be retained. Washing yourself or your clothes may make it difficult for the police to obtain forensic evidence. If you change your clothes, take those you were wearing during the assault to the police station.

You may wish to preserve evidence by retaining items touched by the offender such as condoms, toothbrushes, or texts and social media messages.

You may be asked to provide the following evidence for the investigation:

• biological evidence, for example, blood, sperm, saliva or hair present on your body, or objects the perpetrator touched
• physical evidence such as bruises, injuries
• other evidence such as SMS messages, photographs, videos
• your statement
• medical report

If possible, make notes about what happened during the assault before you report it to the police, so that you can refer to them if necessary.

The police will be able to provide you with information on emergency medical service.

You may consider seeking specialist support, whether or not you have reported the crime to the police. Victim support organisations usually provide their services free of charge.

We recommend you get local legal assistance, especially if you plan to leave Ukraine. Your legal representative will be able to act on your behalf during the investigation and trial. You may be able to receive legal aid, although this will be limited to advice on the legal procedure.

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

It is your choice on whether to report the crime. If you do not report it, the police will not be able to investigate.

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 in the country in which the crime took place, if you want it to be investigated.

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. However, it is for foreign police forces to decide whether to investigate a crime in their jurisdiction. 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 without reporting the crime in the country it took place.

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 information to the police in the country where it happened. This might be necessary to protect vulnerable people, or to stop more crimes being committed.

See general guidance for victims of rape and sexual assault abroad for more information.

Reporting the crime in Ukraine: what happens next

The process of reporting an assault in Ukraine may differ from what you expect in the UK. English-speaking police officers may not be available and the police are not required to provide an interpreter to help you.

Take your passport or an identification document with you, because the police will ask you for identification. If you do not have any documents on you or they have been stolen or lost, the police should accept your report and investigate the offence.

You can ask to speak to a female or male police officer. You should ask to be informed of your legal rights as a victim of a crime.

The police will ask you for a detailed account, including the identity or description of the perpetrator, where and when the crime happened, what happened, the circumstances and if there were any witnesses.

The police will request that you attend a forensic examination to collect evidence. You can decline an examination but the criminal investigation may not be able to proceed without it.

The police will usually have a psychologist available during the interview. A specialist from the juvenile police team will attend if you’re under 18 years old.

You should tell the police if you think you may have been drugged. Being assaulted while you were under the influence of alcohol or drugs will not affect your right to submit a statement to police.

The police will write up your statement in Ukrainian. You will be asked to read it, or an interpreter will read it to you, to check the information is correct. You will need to sign the statement.

You should request a copy of the police report and a translation in English if possible. The police will give you the police reference number as well as the contact details for the police officer responsible for the case.

You do not need to give your consent for criminal proceedings to continue. Your statement to the police may be a sufficient legal ground for criminal investigation. This means you cannot drop the charges against the accused person, and law enforcement authorities are obliged to continue with the investigation.

If you are a minor (under 18 years of age), the state must investigate as a priority.

The police may keep evidence such as your clothes or electronic equipment, but should tell you when they will be returned to you.

After you have reported the crime to the police, they will tell you where to find the nearest medical examination facility and, if possible, take you there.

The medical examination: what to expect

A medical examination can be carried out before or after the crime is reported to the police.

Hospitals must tell law enforcement authorities about any patient who has injuries consistent with a crime. However, if the patient does not report it to the police, they will not be able to conduct an investigation.

If you are considering pressing charges, try to preserve evidence, for example, do not take a shower or bath before the examination, keep any clothing you were wearing so it can be provided to the police.

Most hospitals and medical centres will have a qualified medical professional who will carry out an examination and provide medical treatment. They make take photographs of any injuries, with your consent.

Ask what treatment is recommended to prevent sexually transmitted diseases.

Ask the hospital for a copy of your medical report, which can be used as evidence.

Most hospital staff in Ukraine do not speak English. Consular staff from the British embassy may be able to support you on the phone, or can ask the hospital for an English-speaking member of staff, if someone is available.

Medical treatment

Hospital medical staff should give you advice on HIV PEP medication (‘Post-exposure prophylaxis’, a treatment that can prevent HIV infection) and prescribe it, if needed.

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 if you return to the UK.

If you are female, doctors will assess your specific needs and recommend if you need emergency contraception. The doctor may recommend a pregnancy test, to rule out whether you are already pregnant.

Emergency contraception must be taken within 72 hours of the crime for it to be effective. You can buy medication at pharmacies without prescription.

As a victim of sexual violence you are entitled to free emergency and primary medical care. This includes medical assistance in emergency situations, diagnostics, consultations, some medical tests including blood analysis, pregnancy and HIV tests. You will not need to pay for your forensic examination.

Any further medical treatment you may need will need to be covered by your health insurance provider.

You can buy medication at your nearest pharmacy. There are 24-hour pharmacies in Ukraine with an emergency pharmacy open during the night and at weekends on a rota system. The address of the nearest emergency pharmacist should be displayed in the windows of all pharmacies.

If you have had medication administered in Ukraine, you should keep the label or make a note of the name of the medication. You can give this to your doctor when you return to the UK.

Police investigations in Ukraine: what to expect

Normally you would first speak with an officer at the nearest police station, who will record a criminal complaint. The officer then will refer the case to a criminal investigator, who will interview you about the assault and investigate your case.

You do not have to surrender your passport whilst the investigation is carried out but you must provide an address in Ukraine and contact details in the UK.

When the report has been submitted, the police may ask you to show them where the attack took place. They may request access to your computer or phone.

There are 2 stages to identifying the suspect. First, you and any witnesses will need to provide a description of them. If needed for the investigation, you will be asked to identify the suspect at the police station. Identification might be carried through one-way glass (so the perpetrator cannot see you) or by looking to the room from the side while passing by it. You will then need to make your identification statement in a separate room.

The police usually need the approval of a judge to arrest the suspect. The police will inform the arrested person about the reasons for the arrest and conduct an interview. The police have 72 hours after the arrest to submit the file to the court to decide if there is sufficient evidence to proceed to trial.

You will not be interviewed with the suspect at the pre-trial stage of criminal proceedings. At this stage, you and the suspect should not meet or speak to each other. At the trial, you and the accused person may meet during the case hearing, but you are not expected to speak to each other.

You will be allowed to leave Ukraine while criminal proceedings are ongoing. You will need to provide your contact details to Ukrainian authorities and inform them of any changes, so that they can maintain contact with you during the criminal proceedings. They may ask you to return to Ukraine to attend an identity parade or provide a further statement, if required.

Court procedures: what to expect

You will usually be expected to attend the trial to testify before the court. You’ll be notified which hearing(s) you must attend through a summons.

The court proceedings will be conducted in Ukrainian. If you do not understand Ukrainian, the court will appoint a translator.

You can apply to have the public and the accused person excluded from the court room during your testimony.

You can make a request to the court to submit a written statement.

If you live in another country and are requested to attend the hearing in Ukraine, you will need to arrange and pay for your own travel and accommodation. If the perpetrator is found guilty, you may be entitled to claim compensation from them.

You will be informed of decisions at the address you provided to the police, for example, the stage of proceedings and case conclusion. The most important documents will be translated free of charge. You must state that you do not speak or understand the Ukrainian language when providing your statement.

The duration of criminal proceedings varies and depends on many factors, for example the severity of the crime and the cooperation of relevant parties.

You have the right to appeal against court decision on charges, compensation, and termination of proceedings.

The defendant is entitled to appeal against illegal detention, charges, false accusations, and compensation. The judge will decide if there are grounds for any claims. These will usually be investigated separately, after the court decision on the original criminal case has been made and appeal rights have been exhausted.

Depending on the complexity of your case, reaching a final court decision may take years.

Hiring a lawyer

You will not be provided with a lawyer. We recommend that you appoint a local English-speaking lawyer yourself. They will charge for their services.

Your lawyer can communicate with the police and public prosecutor on your behalf and update you on the progress of the investigation. When the preliminary investigation is complete, your lawyer will have access to the file with all the statements, including those provided by the defendant.

Your lawyer will provide you with legal advice, represent you in court, act on your behalf during the criminal proceedings, and submit any complaints or appeals. Your lawyer will be able to advise you on the legal process including legal aid and compensation.

The financial terms of the legal service provision are agreed between you (the client) and the attorney. The service fee may vary depending on the qualification of a particular attorney, scope of the legal aid, and other circumstances of the criminal case. The fee arrangements are usually based on either a fixed fee or an hourly rate capped by the number of hours.

The attorneys in the criminal proceedings usually charge for each type of the legal services, for example, consultations, preparation of the application on commitment of crime, representation during the pre-trial criminal investigation and the trial.

Legal aid

You can appoint an attorney through a victim support organisation or a centre for provision of legal aid.

Receiving legal aid from a victim support organisation is usually free of charge. Sometimes, an organisation may ask for financial compensation, for example, if it is not an accredited victim support organisation or does not receive funding from the state. You should be told after the first consultation under what conditions the support is provided.

Assistance from a legal aid centre covers a limited scope of legal services, for example, providing legal information and consultations, preparing applications, complaints, and other legal documents. The primary legal aid does not cover representing your interests before the courts, other state authorities and entities, preparing procedural documents, or legal defence in criminal proceedings.

In Kyiv, there are 2 local centres that provide legal aid:

Pravoberezhnyi Kyiv local center for provision of legal aid
Tel: +38 (044) 593 97 60
Email: [email protected]

Livoberezhnyi Kyiv local center for provision of legal aid
Email: [email protected]

Find out more information on the local centres of legal aid in Ukraine (in Ukrainian).

Communication

At the start, your main contact point will be the investigating police officer. During the trial, you will communicate with the public prosecutor and a court employee.

You can have a lawyer during each of these stages to communicate through. You will need to give your lawyer’s contact details to the relevant local authorities (in Ukraine or abroad).

If you do not want a lawyer, the police and the public prosecutor can update you. You will need to give your contact details for communication including an address where you are staying and where you can receive mail (either in Ukraine or abroad).

The police and public prosecutor should inform you directly about important decisions by sending documents to your address. For this you will need to register your interest to be informed of the criminal proceedings or the outcome of the trial. You should state the case registration reference number, or court reference number, as well as the accused offender’s name, if you have those details. You can also request to be kept informed at a later stage.

Sentencing

Rape, sexual assault and sexual abuse are separate crimes. although they are all categorised under Ukrainian law as crimes against sexual freedom and sexual inviolability. The offender may be found guilty of one or more of these specific crimes.

The sentence depends on the type of the crime and motive of the offender, as well as any aggravating and mitigating circumstances.

Compensation

Before and during the trial, you can make a claim for damages you have suffered. This includes material damages, such as medical costs, damaged clothing or phones, costs for care by your relatives, and travel expenses. You should keep a record of any costs you incur. You can also claim any moral damages you have suffered. Your lawyer can help you to estimate and submit your claim. The court will decide on any compensation.

If you wish to claim compensation before the end of the pre-trial investigation, you should submit this to the investigating law enforcement authority. The court should decide on compensation in the same criminal proceedings. If you wish to request compensation after the criminal court have made their decision, you will need to contact a civil court.

If the offender cannot pay compensation, there is no state-funded compensation scheme in Ukraine to cover physical or psychological injuries suffered as a result of a sexual or violent crime.

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.

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 where the assault took place.

Country	Resource
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 Ynys Saff SARC, phone 02920 335795
Northern Ireland	The Rowan SARC, phone 0800 389 4424

Support organisations in Ukraine

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

The United Nations Population Fund (the UNFPA)

Services offered: providing information, psychosocial support and services to gender-based violence survivors through crisis centres and mobile teams.

42-44 Shovkovychna str.
Kyiv
Tel: +38 (044) 281 32 31

Email: [email protected]

Website for more information about the work of the UNFPA: https://ukraine.unfpa.org/en

LaStrada

Services offered: providing support to gender-based violence survivors.

24/7 hotline: 0 800 500 335 (landline), 116 123 (from mobile)

Email: [email protected], [email protected]

Website: https://la-strada.org.ua (in Ukrainian)

Masha

Services offered: providing support to violence survivors.

27B Saksahanskoho str.
App. 4
Kyiv

Email: [email protected]

Website: https://mashafund.org

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).