Guidance

Peru: Information for victims of rape and sexual assault

Updated 30 November 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.

1. 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 international emergency number on 105 (Peruvian Police)
• contact your tour operator if you are travelling with one
• contact the British Embassy in Lima (0051 1 617 3000). 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.

Embassy website

2. If you want to report the incident to the police in Peru

• 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 01 617 3000 and they can offer you consular support. A list of Police Stations in Peru is available on the Ministry of Interior’s website: Ubicar la Comisaría más cercana. You could also go to the Criminal Prosecutor’s Office or Mixed Prosecutor’s Office (“Fiscalía Penal” or “Fiscalía Mixta’) to report the crime.
• 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.
• 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 probably will not find a female officer to talk to, however you can request one if it is available. When you report the incident to the police, you have a right to have an interpreter present. You must request the interpreting service and should be free of charge.

Criminal investigations in Peru are led by the Public Ministry (Prosecutor’s Office). The National Police has a supporting role in the investigations and proceedings ordered by the Public Ministry.

If you consider you may be running a risk by reporting an RSA to the local authorities, please inform the Police. You can request a protection order against the perpetrator, which is issued by a Court.

Extramarital sex and homosexuality are not considered crimes in Peru.

You will be asked to provide evidence and go through forensic exams. We can accompany you to the Police station and the Forensic Unit if you wish.

If you cannot afford a private lawyer, you can request a public defender from the authorities.

You will not have to surrender your passport whilst any the investigation is carried out. They would take a copy of it.

If you do not want to report the incident to the police in Peru.

The British Embassy 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. 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 consular staff may be able to accompany you.

It is your choice on whether to report the crime, but if you don’t report it, your case may not be investigated if there is a lack of forensic evidence

You must report the crime while you are in Peru and in the city where the incident happened for it to be investigated.

If you do not report the crime to the local police, you will not have to go through the forensic examinations, but you will still be able to get medical attention and you should go to the nearest hospital or a local doctor, gynaecologist or local family planning centre.

Please note that if you seek medical treatment after an RSA in a medical facility, according to Peruvian Law, health professionals have the duty to report the crime to local authorities.

3. 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 Peru, you should report the crime in Peru. If you are a British national and you need help to report the crime, you can contact the British Embassy 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

4. Reporting the crime in Peru - 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. You may wish to preserve evidence by retaining items such as condoms, toothbrushes, or texts and social media messages.

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

• You will have to make a statement about the incident including as much information as possible including a descriptions of the attacker(s).

• Tell the police if you think you have been drugged.
• Insist you get a police report, and request a translation in English if applicable.

• Once the incident has been reported, the police will start an investigation. The Public Ministry will be responsible for the investigation with the support of the local police.

• The Police/Prosecutor will provide you with a document called an ‘oficio’ which will explain that you need to go through a psychological evaluation and a gynaecological exam called an ‘evaluación médico legal’ (forensic experts’ medical exam). These two examinations are important part of the evidence-gathering process and are free.
• The Police will send or take the victim to the forensic examination.
• If you are under 18, you must be accompanied by an adult throughout the process above. This adult should be one of your parents or a guardian. If a State institution is responsible for you, they should appoint an adult to accompany you.
• As a victim of a crime, the victim has the right to protect his or her identity under the responsibility of the person conducting the proceedings.
• Regarding the participation of witnesses and expert witnesses, the participation of minors or victims who may be psychologically affected is exempted.

5. The medical examination – what to expect

All hospitals and medical centres treat victims of rape and sexual assault. If you do not wish to report the crime, you can have a medical examination at a hospital, though forensic evidence will not be collected.

Please note that hospitals and other medical centres should automatically report the sexual assault to the local Police/Prosecutor by law.

When you report a sexual assault the “Medico Legista” (Forensic expert) will perform the psychological evaluation and a physical and gynaecological examination. Photographs and videos will be taken before, during and after the physical examination

We can help you to deal with local authorities to arrange a medical examination by a female doctor, if possible and if that is what you would prefer. We can also arrange for you to see a private doctor who can give you advice on sexual transmitted infections including HIV and AIDS, and pregnancy or abortion. Even if you do not want to report a crime to the police, you may wish to be examined by a doctor. We can provide a list of local hospitals and English-speaking doctors.

6. Treatment

It is possible that you may have been exposed to the HIV virus. You should go to the nearest Health Ministry hospital or visit a private doctor and request the “Post-Exposure Prophylaxis (PEP)”, a treatment that may stop HIV replicating in the body and so prevent the virus from attacking the immune system. More information on risks is available on the NHS Website. Please note that forensic doctors are prohibited by law to provide the emergency kit for victims of rape. You can only obtain it at hospitals.

• · 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.

• · You can prevent an unwanted pregnancy with oral emergency contraception, available at any drugstore

• · Emergency contraception needs to be taken within 72 hours of the incident for it to be effective.
• · Patients are expected to cover the costs of hospital treatment and tests.
• · If you have had medication administered overseas, you should keep the label or make a note of the name of the medication, so that you let your local health provider know when you return home.

7. Police investigations in Peru – what to expect

The police can take the victim to the scene of the crime or where the victim thinks the attacker is located to try to identify and arrest the person only if the victim agrees with it.

• If the suspect is brought to the police station as part of the investigation, the victim will be asked to make an identification.
• If the police make the arrest, they will take the suspect before the public prosecutor within 24 to 48 hours.

The victim will only be expected to go in front of the public prosecutor only if more information is needed. This has to be done by the victim; lawyers cannot do it on behalf of the victims.

If you are back in the UK and you need to provide a statement.

You will be allowed to leave the country even if your case is not filed.

The victim will only be expected to go in front of the public prosecutor only if more information is needed. This has to be done by the victim. The victim may also file a brief authorizing his/her attorney to access the investigation file. If you are back in the UK and you need to provide a statement. You will be allowed to leave the country even if your case is not filed.

In Peru discrimination against LGBTI persons is prohibited.

8. Court procedures – what to expect

Once you have reported the incident to the authorities and the required examinations have been undertaken the Public Ministry has a term of 60 days to carry out the preliminary proceedings, unless the accused has been detained, in which case the term will be 24 hours. The prosecutor has the right to extend this term, depending on the complexity of the facts under investigation.

If, according to the Public Ministry, there is evidence of a crime, the preparatory investigation will begin, which usually takes 120 days. Once the preparatory investigation is completed, the prosecutor will issue an indictment and the trial stage will start before a criminal judge.

The Prosecutor may request the judge to order coercive measures, such as preventive imprisonment of the suspect.

It is not mandatory for you to hire a private lawyer; you can request a public defender or decide not to have one.

Once this is done, the judicial process will start. At this stage you will have to provide a statement and attend hearings, if and when requested.

If the case is referred for further investigation, you may be asked to give an additional statement.

Once the judicial process has started, it will continue, even if you have left Peru, as it is the Public Ministry’s obligation to investigate the crime.

If you wish you can appoint a representative (lawyer, relative or any person you trust) to act on your behalf while you are out of Peru. To do that you will have to sign a Power of Attorney.

Your representative will be able to ask the authorities for details and updates on your case and to submit or make requests to the judge.

You are entitled to be kept aware of your case even when you are back in the UK. Any correspondence will be sent to the address you provide to the court hearing.

If you change your mind about pressing charges or you are not sure if you want to continue, you can retract your statement. To do this you must tell the police or the public prosecutor.

The charge of rape is an automatic state prosecution and will not be dropped but your revised statement will be considered during trial and will support the assailant’s defence. If anyone intentionally makes false accusations to the police or withholds the truth, they could be prosecuted.

Compensation for the victim is usually included in the assailant’s sentence once the case has finished. Your lawyer will guide you on the level of compensation to claim for and how to submit this before the trial.

If you do not speak Spanish, a translator will be provided by the court and you should inform them of this requirement in advance to allow them to make suitable arrangements. Consular staff will not normally be able to attend the trial with you. You may wish to be accompanied by a friend or member of your family for the court hearing.

Additional Legal information

9. Hiring a lawyer

9.1 Peru - List of lawyers

10. 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

England

NHS Choices website, or search the internet for ‘NHS SARC’

NHS Rape and sexual assault referral centres

Scotland

Archway SARC: phone 0141 211 8175

What Is Archway

Wales

New Pathways SARC: phone 01685 379 310

New Pathways SARC Sexual Assault Referral Centre

Ynys Saff Sexual Assault Referral Centre - Cardiff and Vale University Health Board

YNYS Saff Sexual Assault Referral Centre

Northern Ireland

Rowan SARC Northern Ireland: phone 0800 389 4424

The Rowan SARC Northern Ireland

• 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.

11. Support organisations in Peru

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

Name of support organisations

• Women Emergencies Centres ‘Centros de Emergencia Mujer-CEM’ of the Women Affairs Ministry
• They have offices around the country and offer legal advice, legal defence and psychological counselling for all types of violence against women, including rape and sexual assault
• Web page: Denunciar violencia familiar y sexual
• Telephone: you can call from a public or mobile phone dialling 100. English speaking staff may be available, but you will need to request it.

Their exact addresses and telephone numbers are available on: Ayuda contra la violencia familiar y sexual - Centros de emergencia mujer CEM

• Flora Tristan: Institution that offers legal advice free of charge
• Webpage: Flora Tristan
• E-mail: postmast@flora.org.pe
• Address: Parque Hernán Velarde No 42, Lima 1 on Mondays, Wednesdays and Fridays from 09.00h to 13.00h.
• Telephone number: 01 433 1457. Mobile number: 977531677
• If you wish to be seen by English speaking staff, please try to make an appointment by phone before.
• They provide free legal advice at the Women’s Police Station in Lima, especially to victims of domestic violence
• They have offices in Lima and Bagua where they can provide free advice: Agenda (flora.org.pe)

Disclaimer: This information has been prepared by HMG 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 HMG 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 (02/02/2022).