Guidance

India: information for survivors of rape and sexual assault

Updated 17 August 2022

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

The British High Commission works with Indian authorities to try to ensure victims of rape and sexual assault receive the best possible assistance. However, support from and standards of the local authorities vary significantly across India, and differ considerably from those in 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 numbers on 100 or 112 or 1098 for children
• contact your tour operator if you are travelling with one
• contact your nearest British high commission or consulate. You will find contacts details for our missions across India at https://www.gov.uk/world/india

Embassy staff will be empathetic, 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 India

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 nearest British embassy or consulate on 011 2419 2100 and they can offer you consular support. You may also want to ask a friend or relative to go to the police station with you – many people find it helps not to be alone.

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, texts or anything else you think may help. If you are unsure about something, preserve it.

Tell the police if you think you have been drugged. Describe the assault – physical, verbal, threats, restraints, etc. Remember, it is not your fault no matter the circumstances.

Insist you get a copy of your complaint to the police, and request a translation in English if applicable. The police are not bound to provide an English translation of the report. However, you can have your statement and the rest of the report read and explained to you in English by someone of your choice before you sign. You can also choose to write a detailed statement about the incident yourself and submit it to the police when you approach them to file a complaint.

If you are in India, it may be better to report the case before you leave the country. Ideally you should report it in the same place that the attack took place. In theory, you can report it at any police station across the country, but procedures vary widely and the police in another area may refuse to record the crime.

You can insist on talking to a female police officer. You may not always be able to talk to police who speak English, but you can have an interpreter present. However, it may take time to arrange one, and you may not be given somewhere private to wait.

You may be asked to provide a detailed description of the incident and the events leading up to it. You may also be asked to give a description of the attacker and provide their identity if you know them. You do not need to answer questions about your sexual history or character.

You cannot be compelled to give medical evidence, but it is advisable that you have a medical examination if you wish to file charges.

You do not have to surrender your passport whilst an investigation is carried out, but the police may take a copy of it. If the passport is taken by the police as evidence, you can make an application to the court for its release.

You will not automatically be assigned a private lawyer by the state. A Public Prosecutor will be assigned, who will bring the case to court on behalf of the state. You should hire an independent lawyer should you wish to seek legal advice personally. See our list of English-speaking lawyers.

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

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 a tour operator, you can also report the incident to them and ask for assistance. If you wish, the tour operator may accompany you to the local hospital. If you wish, and depending on location and timing, a member of the consular staff at the British embassy may be able to accompany you.

It is your choice whether to report the crime. If you don’t report it, your case may not be investigated. If you are in India, it may be better to report the case before you leave the country.

Even if you decide not to report what has happened to the police, we would strongly suggest you seek medical attention. A doctor can determine if your injuries need treatment and can also give you advice about pregnancy and sexually transmitted diseases. However, you should be aware that a hospital will inform the police of a sexual assault even if you do not consent to it. If sexual assault is reported, it becomes a Medico-Legal Case (MLC), which necessitates investigation and legal action against the accused. MLC case papers and the doctor’s notes may also be useful if you choose to report the incident later.

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 the country where the crime took place, 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 nearest British embassy, high commission or consulate, or the Foreign, Commonwealth & Development Office in London.

If you are in India, it may be better to report the case before you leave the country. Ideally you should report it in the same place that the attack took place. In theory, you can report it at any police station across the country, but procedures vary widely and the police in another area may refuse to record the crime.

If you do not report the crime in India 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 India, where the crime happened. However, it is for the Indian police 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.

Reporting the crime in India - what happens next

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 without washing them. You may wish to preserve evidence by retaining items such as condoms, toothbrushes, or texts and social media messages.

Tell the police if you think you have been drugged.

Insist you get a police report, and request a translation in English if applicable.

You will have to make a statement about the incident, including a description of the attacker. The law states that you have the right to have this recorded by a female officer. You will also have to make a statement to a Judicial Magistrate.

The police or hospital may keep any clothes worn during the attack as evidence. If possible, it is advisable to carry a change of clothes when you go to the police station or hospital.

The police will usually take you to a government hospital for a forensic examination. While procedures vary across the country, this will normally be done in the presence of a female officer and/or a representative of a local NGO. You will also have to make a statement to the doctor about what has happened to you.

The medical examination – what to expect

Most government and private hospitals will be equipped to examine and treat you, although some may refer you to another facility. You should be aware the hospital will report the assault to the police because they are mandated to do so. If you go to the police first, they will almost always take you to a government hospital. If you are an adult, you have a choice whether to continue with a formal police complaint, but the hospital and police may insist that you do so. You can refuse.

It is mandatory under the law to report the rape or sexual assault of someone under the age of 18 years.

The medical examination in most cases will be carried out by gynaecologists and/or forensic doctors. The examination can involve a general physical check-up for wounds, swellings, etc., as well as a pelvic exam, vaginal/penile/anal swabs, fingernail clippings and scrapings, blood samples, etc. Photographs of bruises and injuries will also be taken, and the hospital may keep some of your clothing as evidence.

English is not widely spoken in government hospitals in India. They are crowded and lacking in privacy, and the examination and/or reporting may not always be handled sensitively. You should ask to be examined privately. Consular staff can accompany you to the hospital if you so wish and where possible. Tour operators may also accompany you, or you can choose to have friends or family present as well.

Treatment

Most government hospitals will be able to give you advice on exposure to the HIV virus. They will also be able to prescribe ‘Post-Exposure Prophylaxis (PEP)’, which is a treatment that may be able to prevent HIV infection.

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 free at government hospitals and can also be obtained over the counter at private pharmacies without the need for a prescription.

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

Hospital tests and treatment at government hospitals will be free of cost, and a copy of all documentation should be provided to you. You or your insurance company will have to pay for treatment at a private hospital.

If you have had medication administered overseas, you may wish to 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 home.

Police investigations in India – what to expect

The police may take you to the scene of the crime, or where you think the attacker may be located, unless they can be identified by name and address.

Once the police have made an arrest, they will take the attacker(s) to the nearest magistrate, who will then remand them to either police or judicial custody. You may be asked to formally identify them through an identification parade in the presence of a magistrate. The accused will continue to be in custody until the trial commences or bail is granted.

You will also be asked to make a statement before a magistrate, which must be done in person as it may be used as evidence in the trial.

You will usually be allowed to leave the country once the investigation is over and your assistance is no longer required. If the police are reluctant to allow this, you can seek permission from the court. If you do leave India, we strongly suggest you engage the services of a local English-speaking lawyer who will be able to keep you updated on the progress of the case.

Court procedures – what to expect

Court cases in India can take months or even years to begin and conclude. The court will not automatically update the British High Commission on the progress of the case. We can make enquiries on your behalf, but the court is under no obligation to provide this information. In some cases, you may be able to get updates directly from the Prosecutor or the police, but this may not always be possible. We therefore strongly advise you to appoint a private local lawyer who can keep you updated and who may also be able to assist the state prosecutor in some instances. A list of English-speaking lawyers for India is available on our website here.

Trial procedures

Once an arrest has been made, the police have up to 90 days within which to file a ‘chargesheet’ in court. You are not required to be present in court for this. If the court accepts there is sufficient material presented in the chargesheet for a trial, it will frame charges against the accused, after which the trial will begin.

The case will be brought to court by a Public Prosecutor (PP) on behalf of the state, but you are allowed to have your own lawyer present in court. If the court gives permission, your lawyer may also be able to assist the PP.

The accused has the right to apply for bail, which may be granted by the court. If so, he will be released from prison.

The trial may be conducted in either English or the local language of the state. If it is the latter, an interpreter will not automatically be appointed for you, but you can request the court for one. While you are not required to be present for all the hearings, you will be called to testify in court at some point, as you are the prime witness in the case. In most cases you will be asked to do this in person, but the court may allow you to use video conferencing facilities, if available. If this is not possible and you have to testify in person, the state or court will not pay for travel or accommodation. You may also be called upon by the police to make an additional statement if the court asks for further investigation. You should also be aware that the accused’s lawyer will cross-examine you in their defence.

Sentencing

Sentences are normally weighted in favour of punishment, and if found guilty, your assailant will usually serve time in prison. Any time already served following arrest and during the trial will be taken off.

You should be aware that it is not easy to drop charges once they have been filed, and the court frowns upon this. The alleged assailant can also press counter charges against you claiming false accusations.

If the defendant is convicted, they have a right to appeal the verdict.

If the defendant is acquitted, the state may decide to appeal. However, this is dependent on the state. While you can make your wish for an appeal known to the prosecutor, you cannot lodge an independent appeal yourself with a private lawyer.

Compensation

The court may order the offender to pay compensation for any injuries or losses, if they are convicted. However, this is purely discretionary and courts normally recommend that you avail of state-funded compensation. You should speak to your lawyer about whether you will be able to access this as a foreign national.

Media

Sexual assaults, especially related to foreign nationals, are widely reported by the local media. It is an offence to disclose the identity of a victim of rape or sexual assault according to Sec. 228A of the Indian Penal Code. However, reporters will obtain access to the details of your incident, including your court case, and may also get hold of personal information. As a result, you may see articles and news stories which you may find very distressing. It is not always possible to have these removed or amended. The British High Commission can provide further support and advice on handling the media should this become an issue.

Support organisations in India

It is your choice to let people know. If you are ready to talk about it, consular staff may be able to refer you to local NGO partners who can help.

You can also contact the Glasgow and Clyde Rape Crisis Centre in the UK (see below for more details) for free and confidential support while you are still in India.

When you return home to the UK

You may want to let your GP or a Sexual Assault Referral Centre know what has happened to you so that you can talk about the experience and seek further support and advice.

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.

SARC (Sexual Assault Referral Centres) offer medical, practical and emotional support. They have specially trained doctors, nurses and support works to care for you. Find your nearest SARC online.

Support organisations and useful contacts in the UK

Glasgow & Clyde Rape Crisis (GCRC)

Helpline & free phone: +44(0)8088 00 00 14

Glasgow & Clyde Rape Crisis Centre is a 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 is an online service that gives British survivors of sexual violence access to UK-based real time support from anywhere in the world, via Skype, FaceTime, Instant Messenger and email.

All the above services can be accessed at the following times:

Everyday: 11am to 2pm UK time. Mon – Thurs also: 5.30pm to 7.30pm UK time.

A support session generally lasts one hour, but you can stop the session at any time.

Rape Crisis England and Wales and Rape Crisis Scotland

Local rape crisis centres provide crisis and long-term specialised counselling, support and independent advocacy for all women and girls of all ages who have experienced any form of sexual violence; centres are community-based, and independent of government and the criminal justice system.

Rape Crisis England & Wales and Rape Crisis Scotland are the national umbrella organisations for rape crisis centres in Great Britain.

Rape Crisis England and Wales

Free phone: +44(0)808 802 9999 (daily midday to 2.30pm and 7pm to 9.30pm)

Rape Crisis Scotland

Free phone: +44(0)141331 4180 (daily 6pm to midnight)

Nexus Northern Ireland

Nexus NI offer counselling and support to survivors of sexual abuse, victims of sexual violence, including those who have experienced rape and sexual assault. Counselling is available for anyone aged 16+ in 25 centres across Northern Ireland.

Belfast +44(0)28 9032 6803
Londonderry +44(0)28 7126 0566
Enniskillen +44(0)28 6632 0046

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 feel they are back on track with their lives. Call them on +44(0)808 168 911.

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.

Survivors UK

Survivors UK have a national webchat 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 on +44(0)74 91816064 or contact their office on +44(0)203 5983898.

Safeline

Safeline is a specialist charity that works to prevent sexual violence and abuse and support those affected to cope and recover.

Helpline number: 01926 402 498

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 UK government nor any official of the government 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 (02/02/2022).