Guidance

Bolivia: guidance for victims of rape and sexual assault

Published 8 February 2023

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 for the police on 110
• contact your tour operator if you are travelling with one
• contact the British Embassy in La Paz on 591 2 2433424 and select the option for consular/emergency assistance. Embassy staff will be empathetic, and non-judgmental, and can provide information on local police and medical procedures. Anything you tell us will be treated in the strictest confidence. We can contact your family or friends for you if you wish

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

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 are in an area where there is a British embassy or consulate, 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.

If you approach the police directly, you should ask for the FELCV (Fuerza Especial de Lucha contra la violencia), which is the police unit for sexual and domestic violence. By law, police must assist in these types of cases.  You can also ask the police to inform the nearest British embassy or consulate on 591 2 2433424 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.

Making your statement

Tell the police if you think you have been drugged.

The police must provide you with a translator. If they do not, tell us and we can ask that you are given one.

In the main cities you can talk to a female police officer, but in remote tourist destinations this is not normally possible.

You must make a statement about the incident. The police normally ask you for information such as:

• date and time of the attack
• identity and description of perpetrator, if known
• personal details and contact numbers

They may also ask you to show them any evidence you have.

The police will normally take you to the scene of the crime, or where you think the perpetrator is located, to try to identify and arrest the person.

If a suspect is brought to the police station, you may be asked to identify them.

If the police make an arrest, they will they take the suspect before the public prosecutor.

You must go before the public prosecutor to make a statement, and they will assign an investigator to your case.

You can leave the country, but must return for any hearing, sometimes at short notice.  The prosecutor will not continue with the case if you do not attend in person.

The police will keep any clothes or electronic equipment which may be evidence of your attack to present to a forensic examiner.

Bolivian police will not automatically inform the UK police of the assault, and local police do not ask the UK to undertake police checks on the victim.

Make sure you get a copy of the police report after making your statement.

You will not need to surrender your passport whilst the investigation is being carried out.

After making a statement

The police will take you to a health centre for a professional forensic medical certificate.  If you are in a rural area, you may need to travel some distance to your nearest hospital.

The state will provide a lawyer for you, but in practice this lawyer may provide very little support. In Bolivia, you normally pay for a lawyer privately. See Hiring a lawyer for more information.

You have the right to free legal advice (under law 348):  

• the ‘Servicios Legales Integrales Municipales’ (SLIM) are regional legal services funded by local municipal government. They provide free legal and psychological support to victims
• SEPDAVI (Servicio Plurinacional de Asistencia a la Víctima) is a public institution to guarantee access to justice. It offers legal and psychological advice.

In practice, these organisations normally only offer services in Spanish. To access their services, you’ll need to contact them directly.

The medical examination: what to expect

Where to go

All hospitals, clinics and medical centres treat victims of rape and sexual assault and will provide a medical certificate explaining your injuries. However non-residents normally go to a private clinic or hospital.

Examination

A doctor will examine you. If you are in a city you will normally have a full examination, but in rural areas medical centres are more basic, and examinations may be less thorough. In rural areas a female member of medical staff may not be available.

During the examination, doctors will normally take:

• DNA swabs
• photographs for evidence

Medical staff can give advice on HIV Post-exposure prophylaxis (PEP) medication, a treatment that can prevent HIV infection. PEP is available in Bolivia, but mainly in the cities.

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 is available over the counter in pharmacies in Bolivia.

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

You’ll need to pay for any treatment you receive.  If you have travel insurance, you may be able to claim the cost of 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 give this to your local health provider know when you return home.

The hospital will give the police the results of your examination, if the prosecutor`s office ask them to do this.

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

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.

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

If you are travelling with one, you can also report the incident to your tour operator and ask them for assistance. They may accompany you to the local hospital if you want them to.

It is your choice on whether to report the crime.  If you do not report it, your case may not be investigated. Be aware that the crime must be reported in Bolivia for it to be investigated.

You can still receive medical help without reporting a crime to the police. Public clinics and hospitals are high in demand, you may find it easier to visit a private clinic.

If a minor (under 18 years old) goes to hospital following rape or sexual assault, the doctor must tell the police.

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 Bolivia, 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 British embassy in La Paz, 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.

Court procedures: what to expect

If a suspect is ordered to trial you will need to testify in court. You will also need to go to court for pre-trial hearings.

You will need a lawyer to be kept aware of developments in your case. See Hiring a lawyer for more information.

If your case is referred to further investigation, you may have to give an additional statement in Bolivia.

You can to drop the charges if you wish. If you leave Bolivia the prosecutor will not proceed with the case.

The alleged perpetrator can press counter charges claiming false accusations.

The courts do not order the offender to pay compensation.

Taking your case to trial

For the prosecutor to take the case further, your lawyer must press charges. You cannot do this from the UK – a lawyer must do it in Bolivia, and in Spanish.

You will be notified in Spanish about the trial and you must attend every court session.  You will not be able to testify from the UK. The authorities will not assist with any travel or accommodation arrangements. You may even be expected to pay the expenses for witnesses to attend the trial.

It can take a year or longer for a case to come to trial, and the sentence is passed at the end of the trial. The defendant has the right to appeal before the District Court, and this may take another 2 years. A further appeal could be submitted before the Supreme Court in Sucre with an additional 2-year procedure.

Hiring a lawyer

State appointed lawyers typically do the minimum work necessary on cases, so you may want to hire a private lawyer. A private lawyer can follow up on your case to avoid even longer delays.

You can find a private lawyer in Bolivia.

Communication

You must provide a local address for notifications. If you leave the country for some time, you must give someone a power of attorney. This can be your lawyer. You may be notified about  court hearings at very short notice.

Sentencing

Sentences are weighted in favour of punishment. If the judge convicts the perpetrator, they can order a prison sentence of up to 25 years.

Charges will be dismissed against the alleged perpetrator if found not guilty.

Compensation

There is no state-funded compensation. You would have to start a new court case if you wanted compensation.  Contact your lawyer for further information.

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.

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.

Country	Organisation
England	NHS Choices or search the internet for ‘NHS SARC’
Scotland	Archway SARC or phone 0141 211 8175
Wales	New Pathways SARC or phone 01685 379 310 Ynys Saff Sexual Assault Referral Centre (Cardiff and Vale University Health Board)
Northern Ireland	Rowan SARC Northern Ireland or phone 0800 389 4424

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 (2 February 2022).