Guidance

China: information for victims of rape and sexual assault

Updated 17 March 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 the 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 police emergency number on 110 and/or the ambulance emergency number on 120

• contact your tour operator if you are travelling with one

• contact the British Embassy Beijing, the British Consulate General Shanghai (+86 (0)21 3279 2000) or the British Consulate General Guangzhou (+86 (0) 20 8314 3000).Our embassy or consulate staff will be empathetic and non-judgmental, and can provide information on local police and medical procedures. Anything that you tell us will be treated in confidence. We can contact your family or friends for you if you wish

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

You will need to be in China to report the incident.

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 British Embassy Beijing, the British Consulate General Shanghai or the British Consulate General Guangzhou and they can offer you consular support.

If you choose to report the crime, try to do so as soon as possible, so that 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, take those you were wearing during the assault to the police. You may wish to preserve evidence by retaining items such as condoms, toothbrushes or texts and social media messages.

At the police station

Tell the police if you think you have been drugged.

Ask for a police report. You should request an English translation, if applicable, but the authorities may not be able to provide you with one. If you have appointed a lawyer they may be able to arrange a notarised translation for you as well as provide an informal translation at the time.

You may wish to visit the police station with a lawyer and/or your own interpreter. Those on our lists of English-speaking lawyers and translators/interpreters may be able to assist. There may not be a female officer available at the police station unless requested in advance.

Local police officers may not speak English. You may have to wait for an English-speaking officer or an interpreter to arrive at the police station before you can give a full statement. Consular staff can help in trying to request a female, English-speaking officer in advance. Alternatively you can do this yourself or ask your lawyer to request one on your behalf.

If you feel able to do so, write down what happened during the assault and take notes with you to the police station. You can keep a copy for your own records.

At the police station, you will need to make a detailed statement, including a description of the attacker(s). You may be asked to provide information about your identity and details of the incident, including:

• if there was sexual intercourse (if yes, was it forceful)

• if you have sustained injuries

• description of the crime for example (time of incident, location, if known, vehicles

• description of the attacker

• if there were any witnesses

Extramarital sex, homosexuality and use of alcohol are not considered criminal offences in China.

Consuming drugs is a violation of public security and carries certain penalties including fines, administrative detention and deportation. You may face one or more of these penalties if you test positive for illegal drugs during the investigation process.

The police will keep any clothes or electronic equipment, voice or video recordings or photographs, which may be used as evidence of your attack to present to a forensic examiner.

After making a statement

The police will take you to the nearest hospital with medical facility to conduct a forensic examination.

The police in China will not inform UK police or ask them to undertake checks on you.

The police may ask you to visit the scene of the crime. You can refuse this, but it may reduce the likelihood of your attacker being convicted. The police will continue to investigate even if you do not go to the crime scene with them. The police may ask you to go with them to where the attacker might be located, but you can refuse this request.

You will be asked to formally identify any suspect from a selection of photographs of different people.

The process in China for detention, arrest and trial of any suspect is different from the UK. The process takes at least 3 months and most conclude within 12 months, depending on the complexity of the case. Cases that are more complex can take longer.

The public prosecutor will interview you and take your statement. Lawyers cannot give the statement on your behalf. If you have chosen to appoint a lawyer, they can access the case file, including any case notes, after the case is passed to the prosecutor.

You will be allowed to leave China after the case is filed but you should get permission from the police.

You will not be asked to surrender your passport while the investigation is carried out, but the police will need to check it and make copies.

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

The British Embassy or consulate will be able to help you. This includes:

• helping you to contact your insurance company and your family

• assisting with making arrangements to travel back to the UK

• providing you with information on local support in the UK

• providing you with lists of English-speaking medical facilities, lawyers and translators/interpreters.

If you are travelling with a tour operator, you can report the incident to them and ask for assistance. 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 whether to report the crime. We cannot report this for you, but we will support you with your decision. You may wish to write down what happened so that you have your own record that you can share with the police if you want to report the assault later on.

You will still be able to get medical attention, including tests, treatment and prophylaxis (treatment to prevent disease). The hospital will not report the matter to the police without your consent.

The medical examination: what to expect

Who carries out the examination depends on whether or not you have reported or wish to report the crime:

• if you choose to report the crime, a forensic team in the Forensic Clinical Centre or a designated hospital will conduct physical examinations, specimen samples and take photographs

• if you do not wish to report the crime, the physical examination will be conducted by doctors . Our list of English-speaking medical facilities may be of help. If you decide to report the crime later, you should check with the case handling authority (usually the police station covering the location where the attack took place) whether it will accept the doctors’ reports as evidence.

In some hospitals, the following tests are carried out routinely as part of the examination process. In others, you may have to request them separately:

STDs

• chlamydia testing

• gonorrhoea testing

• wet prep screening for Candida, bacterial vaginosis / Trichomonas

• blood test for Hepatitis B surface antigen and antibody

• blood test for syphilis (RPR)

• HIV blood test

Pregnancy (women or girls of child-bearing age only )

• immediate testing to rule out pre-existing pregnancy

Physical injuries

• pictures of external injuries (should be taken only with your consent)

• scans of internal injuries, including X-ray and/or CT scan

Consular staff will be able to assist you communicate with the hospital if you wish. Where timing and location allow, they may be able to accompany you there and provide informal translation. They cannot translate medical reports for you. If you are part of an organised tour, your tour guide or tour operator may be able to assist you.

Medical treatment

Medical staff will be able to provide HIV Post-exposure prophylaxis (HIV PEP) treatment to prevent HIV infection. HIV PEP medication needs to be taken within 72 hours of the incident for it to be effective, and the treatment continues for 28 days. The NHS may be able to commence or continue the 28-day treatment when you return to the UK.

HIV PEPs are only available at designated hospitals. Contact the Home of Red Ribbon organisation on +86 (0)10 84322250 (English-speaking volunteers available) to find out your nearest hospital that provides HIV PEP services. If you are unable to do this, we can help you contact the local authority.

More information about HIV, AIDS and HIV PEP is in the Information on HIV for foreigners in China guide (PDF, 7.9 MB), produced by UNAIDS, the Home of Red Ribbon and WHOCC- BDH.

Doctors will be able to prescribe emergency contraception to you after the examination. You will need to pay for this.

Emergency contraception is also available to buy over-the-counter in China without prescription. It needs to be taken within 72 hours of the incident for it to be effective.

The UK government does not pay for medical treatment. You will need to pay for your hospital treatment, usually before you receive treatment. You should check with your travel or medical insurance provider to find out what costs they will cover. Read our financial assistance abroad guidance for more information and other possible options.

If you have had medication administered in China, you should keep the label or make a note of the name of the medication, so that you can let your local health provider know when you return to the UK.

Court procedures: what to expect

If a suspect is ordered to trial, you will not need to testify in court unless you wish to do so. You cannot testify from outside of China. Your written statement(s) will be submitted on your behalf.

If the case is referred for further investigation, you may have to provide an additional statement. You will have to be in China to do this.

Rape and sexual assault cases are not open to the public.

If you do not appoint a lawyer, you will need to provide a local address and telephone number to the police, so they can update you on the progress of your case. If you leave China, consular staff at the British Embassy can update you, if you give your consent.

If you have appointed a lawyer, they can seek damages, alongside the criminal proceedings, or by submitting a separate civil case.

The charge of rape is an automatic state prosecution. After you’ve reported the crime, you will not be able to drop the charge. Your attacker will be able to press counter charges against you for false accusation. The police will investigate the counter charge. In these circumstances, you may not be allowed to leave China and you should get permission from the police.

If you file a criminal-affiliated civil litigation, the criminal judge will decide and award the damages as actually suffered. You may appoint a lawyer to do this on your behalf. You can do this yourself if you can speak and write Chinese .

Additional Legal information

Trial procedures

The court may send you notice of the trial date . This may also be published on the official court website (if they have one) or you can ask the prosecutor or court. If you have appointed a lawyer, they will be able to do this for you. Trials will be conducted in Chinese and can last half a day or more. A court interpreter will only be present if the accused is a foreign national.

The sentence will be announced after the trial but this can take several months. Defendants have the right to appeal once, within 10 days of the verdict. The appeal process usually takes at least 2 to 4 months but can last longer.

Hiring a lawyer

You may wish to hire a lawyer. They can give legal advice, communicate with the authorities to track progress of your case, review case files, present during the trial and seek damages on your behalf. Lawyers usually charge for their services before the case goes to court.

A lawyer will not be involved during the investigation because the process and case file will not be disclosed to them until the case is passed to the prosecutor.

If you cannot afford a lawyer, you can apply for a pro bono legal aid service from the justice bureau, which would cover most of the lawyer’s services. However, in practice, it may be difficult for you to secure one, as a foreign national.

There are no lawyers who specialise in rape and sexual assault cases, however there are lawyers who specialise in criminal cases with extensive experience in this area.

See list of lawyers and interpreters in China.

Communication

During the investigation stage, it will usually be the police that communicate with you or your lawyer. The prosecution and the court will also communicate with you or your lawyer directly during their respective stages. This will be in the form of notices and telephone calls.

You will need to give a local residence address. If you are not living in China, this could be your lawyer’s office address. With your consent, if you have returned to the UK the prosecutor can send all paper notifications to the British consulate to forward on to you.

Sentencing

The sentence will depend on whether your attacker is found guilty of rape (强奸) or sexual assault (猥亵). For rape cases, the accused is sentenced to 3 to 10 years in prison.

For sexual assault cases the maximum sentence is 5 years unless there are other aggravating factors. For rape and sexual assault, sentences can be increased if the victim is a child. A non-custodial rehabilitation sentence can be passed down for sexual assaults judged to be minor.

If the alleged perpetrator is found not guilty, they will be released. The public prosecutor or victim can appeal this verdict.

Compensation

The courts can order the offender to pay compensation for any injuries or losses but you or your lawyer will need to request this from the court. There is no state-funded compensation scheme.

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

The police in China will not investigate the crime unless you report it in China.

You can report the crime to the UK police even if you are not seeking an investigation in China. 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 China. This might be necessary to protect vulnerable people, or to stop more crimes being committed.

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.

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 Sexual Assault Referral Centre - Cardiff and Vale University Health Board

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 China

It is your choice to let people know. There are no organisations or centres in China that support victims of rape and sexual assault specifically but these organisations may be able to help you.

Lifeline

Lifeline Shanghai is a volunteer based non-profit organisation with an English-speaking mental health helpline for the international community in China.

Opening times: 10am to 10pm, 365 days a year

Tel: +86 400 821 1215

Website: www.lifeline-shanghai.com

International Social Service (ISS) 国际社会服务社

ISS may be able to provide some support . You will need to be referred to ISS by a member of the consular staff. Read more information about ISS services on their website.

In addition, the embassy or consulates may be able to help identify local service centres or other organisations near your location.

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).