Guidance

Uruguay: information for victims of rape and sexual assault

Published 4 October 2023

If you have been sexually assaulted it is 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 local emergency number on +598 911 or 0800 4141 for advice and support
• contact your tour operator if you are travelling with one
• contact the British Embassy Montevideo on: +598 2622 3630. 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 Uruguay

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 do not have a tour operator, you can contact us and we can try to send a consular officer to support you. Your location and our resources may limit our ability to do this.

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 us on +598 2622 3630 and we 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.

At the police station

Tell the police if you think you have been drugged.

There may not always be both male and female police officers available, but you can indicate your preference to the authorities.

Ask for a police report and request a translation in English if possible. There may not always be English-speaking officers available, you can ask authorities to organise a translator if needed or you can find one from the list of local translators. The embassy can help you arrange translation services if required which you will have to pay for. Police will not ask you to give up your passport.

Your lawyer will keep you updated about your case. The Court has no obligation to inform you of developments in the case unless you have been registered as a formal complainant with legal representation. You can instruct your own private lawyer, or ask for a ‘public defender’ to represent you (free of charge).

The police will ask you to give as many details of the incident as possible, including a description of the attacker(s). They may keep clothes or other belongings, as evidence to present to a forensic examiner.

After making a statement

The police will take you to the local hospital for a forensic examination if you have not had one yet.

When you have made a statement and had a medical examination, the police will send the information you provided to the investigating court. You will not normally have to visit the crime scene.

The police will aim to avoid contact between you and the suspect as this may compromise a future identity parade during the legal proceedings. Only a judge can request an identity parade later in an investigation.

If the police make an arrest, the court will be notified within 1 hour. The judge will have 24 hours to interview the suspect and take their statement before deciding whether or not to prosecute.

You will be asked to re-confirm your statement in front of the judge or the prosecutor. This means you may have to describe the incident again.

You are free to leave the country whenever you wish. However, if you leave before reconfirming your statement in front of the judge or prosecutor, the investigation may stop and your case may be closed.

After you have reconfirmed your statement, you do not need to stay in Uruguay while the legal process continues.

Local police will not inform the UK police or ask them to do a police check on you, unless the investigation requires them to do so.

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

It is your choice on whether to report the crime. If you don’t report it, your case will not be investigated. If you choose to make a report, the sooner you make it, the easier it is for the authorities to investigate the crime.

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

Consular staff will be available to speak to you on the phone or in person depending on location and timing. They will be able to offer consular support and assistance and to discuss your options depending on what you would like to do.

If you are travelling with one, you can also speak to your tour guide or operator and ask them for assistance.

We can provide you with lists of English-speaking medical facilities, lawyers and translators.

Criminal offences committed in Uruguay can only be reported from within the country.

If you are 18 years old or over, the local authorities will only be able to investigate the rape or sexual assault if the report comes from you directly. The only exception is if you have a legal guardian or representative, who is entitled to report the offence on your behalf.

If a victim is under 18 years old, anyone with concerns about a child being at risk or being a victim of abuse can report it to the authorities. This includes a professional doctor in charge, who is obliged to report any suspicions immediately.

If a victim is over 18 years old, the hospital has a legal duty to report the crime to the police without the victim’s consent. These include situations where the victim’s life is at imminent risk or the their injuries are considered serious by local law.

In Uruguay, there is a National Protocol in place to assist victims of rape and sexual assault. It states that an adult victim has the right to access medical attention and professional support even when the victim decides not to report the crime.

A legal representative can file a report on your behalf if you live abroad.

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 Uruguay, 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 Uruguay 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.

The medical examination: what to expect

Where to go

Any hospital or medical centre will treat victims of rape and sexual assault free of charge. You do not have to have a medical examination if you do not want to. It is your right to decide. The doctor must ask for your consent before the examination takes place.

If you have reported the incident to the police, they will usually take you to a public hospital. Hospital staff will carry out a forensic examination.

If you have not involved the police, you will need to admit yourself at the “Emergencia” (accident and emergency) at the hospital. You may be asked to explain what what your emergency is, to ensure relevant specialists see you.

The examination

Doctors will normally talk you through the examination before they begin. The sooner the examination takes place, the more chance there will be to collect evidence.

If you have not decided whether to report the incident, a trained hospital doctor will normally examine you instead of a forensic doctor. Test results will be kept in your medical record at the hospital for future reference. Hospital doctors will not automatically report the results of any examination to the police.

Examination by either a hospital or forensic doctor will normally include:

• collecting samples, such as swabs
• taking blood and urine samples
• keeping clothing and other items

We can try to arrange to come to the hospital with you, if you wish, depending on distance and availability.

There may not always be both male and female doctors available, but you can ask for either, or we can do that for you.

Treatment

The ‘Uruguayan National Protocol for Rape and Sexual Assault Victims’ indicates the medical treatment that every victim must receive after a complete medical examination:

• treat all physical injuries appropriately, including genital injuries
• provide the emergency contraception pill (also known as the ‘morning after pill’) This pill must be taken within 72 hours of the incident. The sooner it is taken, the better the chances are of it being effective
• HIV Post-Exposure Prophylaxis (PEP) treatment: to be effective, it should be taken within the first 2 hours after the exposure occurred, and up to 72 hours after. In Spanish this treatment is called ‘Tratamiento Antirretroviral’. PEP is 28-day course of medication, but doctors in Uruguay give you enough tablets for 3 days. After that, you must go to the hospital again for a follow-up with the Infectious Diseases Team. You’ll then be prescribed the remaining tablets to complete the 28 day treatment
• if the hospital cannot provide you with the remaining PEP tablets, the doctor must give you a prescription. However, this medication can sometimes be hard to find and can be very expensive. Tell us if you need help, and we can help you contact local pharmacies or other hospital. The NHS may be able to commence or continue the 28 day treatment on return to the UK

You can buy the emergency contraception pill at any pharmacy without a medical referral or prescription.

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

All of your medical treatment (including medical examinations, tests and treatments) is free of charge in public hospitals. Private hospitals may expect you to pay for their treatment.

If you have had medication administered overseas, you should keep the label or make a note of the name of the medication. You can inform your local health provider when you return to the UK.

Court procedures: what to expect

During the investigation, the judge may call you as a witness for further statements. If this happens, you are obliged to attend. If you are in the UK, the judge can ask the relevant UK authority to assist in taking your declaration.

If the judge considers that  the relevance of your testimony to the crime requires you to testify in person, you can request financial compensation for travel costs.

Having a lawyer will enable you to be kept aware of the case. The Court has no obligation to inform you of developments of the case if you have not been registered as a formal complainant with formal legal representation.

After you have re-confirmed your statement in front of the judge or prosecutor, it becomes an automatic state prosecution. This means the court will have the power to investigate even if you do not want them to. You cannot stop the investigation after it begins.

If you make a false accusations against someone in Uruguay, you can be fined.

Compensation

You can file a civil lawsuit against the offender to receive payment in compensation for any injuries or losses. This can be filed as part of the criminal case or separately. In Uruguay, there is no state-funded compensation scheme to cover physical or psychological injuries suffered as a result of a violent crime.

Taking your case to trial

Uruguayan judicial procedures can take a long time, especially if your attacker is not immediately identifiable and/or arrested soon after the assault. An investigating judge or prosecutor leads the investigation into the assault.

After the investigation phase, when all reports and statements are ready, the judge in charge of the investigation will decide whether there is enough evidence for the case to go trial. If so, the case will be passed to a trial court.

When it comes to minor offences, the prosecutor may use abbreviated process which involves the attacker confessing and getting a reduced penalty.

The trial will be conducted in Spanish and you will be provided an interpreter when you are asked questions about your statement.

Cases can take years to come to trial, as the Uruguayan court system is often slow. If you have not heard anything from the court for some time, this does not mean that the case has been filed. The length of the trial itself can also vary depending on the complexity of the circumstances.

If convicted the attacker has the right of appeal against the length of the sentence. This can take between 1 and 2 years to be resolved.

Support organisations in Uruguay:

Victim´s Attention Centre
Martín García 1228
Telephone: 2924 8037 – 2929 0520 (int. 6)
24hrs mobile: 098 427 075 – 099 246 197

Email: [email protected]

You can also get support from ‘Inmujeres’ (National Women’s Institute): 0800 4141, who can provide free psychological and legal assistance.

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 that the assault took place in.

England

Get help and advice on the NHS website: Help after rape and sexual assault - NHS (www.nhs.uk).

Scotland

Archway SARC: phone 0141 211 8175

Archway Homepage

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

http://therowan.net/

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).