Guidance

Information for victims of rape and sexual assault in South Korea

Published 3 January 2023

South Korea: information for victims of rape and sexual assault

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 (https://www.gov.uk/government/publications/rape-and-sexual-assault-abroad-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 police emergency number on 112 or ambulance on 119
• contact your tour operator if you are travelling with one
• contact your nearest British embassy, high commission or consulate on +82 (0)2 3210 5500. 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.

https://www.gov.uk/world/south-korea

2. If you want to report the incident to the police in South Korea

• 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 +82 (0)2 3210 5500 and they can offer you consular support.

• There is an English speaking counsellor at the Seoul Sunflower Centre (hae-ba-ra-gi-yeo-seong-ah-dong centre: 서울해바라기센터), at one of the relief centres at Seoul National University Hospital in Haehwa-dong. The centre provides comprehensive services for victims, including free counselling, and medical, legal, psychotherapy and investigation services. Their information is included at the end of this document in Useful Links.

• 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. Drug use is prohibited in South Korea.

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

• To address potential risks of retaliation for reporting the incident, you can request for protection measures for your personal safety (e.g. staying at a temporary facility, CCTV installation, smart watches, etc.). Your anonymity can also be protected by not disclosing your personal information in the investigation report (e.g. using pseudonymous). Personal information not recorded in the investigation report are listed on the ‘identity management card’ which is managed separately by the prosecutor.

• South Korea does not have laws to punish homosexuality. However, inserting a sexual organ or finger or an instrument into another’s body part (excluding a genital organ) by means of violence or intimidation can be punished as “imitative rape” even in a homosexual relationship

• You can be investigated by an officer of the same sex or in the presence of an officer of the same sex. In exceptional circumstances, if you have given written consent to do so, a specialist sexual assault investigator of the opposite sex may conduct the investigation in the presence of someone you trust, an intermediary or another police officer.

• Not all police stations will have an English-speaking officer available and you may have to wait for an interpreter.

• DNA evidence can be collected from the crime scene and also from your body, clothes, and other personal belongings

• The legal definition of rape in South Korea is not the same as in the UK, and the authorities here may treat you in a different way than what you expect. We will do our best to help you, and provide advice about what to expect when dealing with the authorities.

• You do not have to surrender your passport whilst the investigation is carried out. When you first report the incident, you will have to present your passport or ID to confirm your identity. When making your statement, the police will make a copy of your passport or ID for their records.

• The police will inform you that you are able to apply for a public defender to represent you before giving your statement. You can also appoint a private lawyer.

3. If you do not want to report the incident to the police in South Korea

• 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. 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 in South Korea if you do not report the crime, no investigation would take place unless the crime is reported by a third person or any other reasons.

• In South Korea, it is highly recommended that you report the crime before leaving Korea/returning to the UK if you want it to be investigated. It will be very difficult to get a police reference after you have left the country.

• Even if you do not report the crime, you can still receive medical, legal, and counselling services from the Sunflower Centre operated by the Ministry of Gender Equality and Family.

4. 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 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.

5. Reporting the crime in South Korea - 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.
• Tell the police if you think you have been drugged.
• Insist you get a police report, and request a translation in English if applicable.
• When you report a crime in South Korea as part of the police investigation, they will want to interview you about what happened. This will include full details of the incident and ask you for a description of the attacker(s).
• The police may ask to keep some of your clothes or belongings if they are to be used as evidence.
• The female police officer may want to take you to a hospital for treatment. The officer may accompany you when speaking to doctors.

• The local police will not inform the UK police about the assault, or ask to undertake police checks on you.

• You may retain a legal counsel and get legal assistance when you report the crime and/or when you attend the police investigation.

6. The medical examination – what to expect

• A potential victim of a crime can get such an examination for free of charge after reporting the case to police. The victim is welcome to ask a friend to accompany. The Ministry of Gender Equality and Family runs relief centres for victims of sexual and domestic violence. There are three types of centres: One-stop Support Centres for victims of sexual and school violence; the Sunflower Children Centres; and Sunflower Women & Children Centres. They are all located inside hospitals. The support includes medical services, counselling, recording of statements, and collection of evidence as necessary for investigations, legal assistance and referrals to non-governmental organizations. These hospitals are available around-the-clock, not only for victims of sexual assault, but also for cases involving school and domestic violence. For a list of designated clinics, see http://www.smsonestop.or.kr/board/info.asp

• Embassy staff can accompany you to the hospital but will not be able to provide medical interpretation. For a list of interpreters/translators, see https://www.gov.uk/government/publications/south-korea-list-of-lawyers

• The police will send evidence collected from your body to the National Institute of Scientific Investigation, and they will immediately be notified of the results of the examination.

• A forensic examination usually involves tests for Sexually Transmitted Infections (STIs), HIV/AIDS, and examinations of the uterus and vagina. There is little difference in the medical examination for male and female victims.

7. Treatment

• You can get HIV PEP (post-exposure prophylaxis’, a treatment that can prevent HIV infection) medication prescribed through consultation with a specialist at a hospital.
• 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 requires a prescription from a doctor. You can go to any doctor or women’s clinic for the prescription and any pharmacy to get the pill. The pill should cost between ₩10,000 and ₩20,000.
• Emergency contraception needs to be taken within 72 hours of the incident for it to be effective.
• Hospital treatment and tests will be free of charge if it has been reported.
• 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.

8. Police investigations in South Korea – what to expect

• Making false allegations and defamation are both illegal under South Korean law, and if a defendant is found not guilty, they may be able to make a claim of false accusation against their accuser.

• You will not have to go to the scene of the crime. Confrontation and contact with the attacker is avoided as much as possible to prevent secondary damage.

• If charges are found against the suspect, the police will forward the case to the prosecution.

• The public prosecutor may ask you to make a statement and ask you questions. If you would like to, you can speak to a lawyer before you do this. Lawyers may participate in the investigation conducted by prosecutors or the judicial police and render their opinion. It is recommended that you make your statement in person for the investigation to run smoothly.

During the course of the investigation, your lawyer can access statements that you submitted through a request for disclosure of information. Other case records can be accessed after the investigation is complete and the case is forwarded to the prosecution for the trial at the criminal court.

• You are free to leave South Korea after reporting what has happened to the police. You may be asked to remain in the country during the police investigation and court proceedings.
• The process of investigating and bringing charges can take many months. We can help liaise with your lawyer during this time particularly if you are no longer in South Korea.

9. Court procedures – what to expect

• If a suspect is ordered to trial, you may be asked to give a statement. It is usually not possible to do this if you have left South Korea.
• The police will notify you or your legal representative of the progress and the final conclusion of the investigation from time to time. You can also check the progress of the case by asking the police or requesting for disclosure of information.
• Your lawyer will be able to keep you updated on the progress of the trial. We can help you communicate with your lawyer if you are no longer in South Korea.
• If you file charges against your assailant, you are able to withdraw them. However, the police can keep investigating the assailant if deemed necessary for some types of crime.
• If it is found that you filed a criminal complaint based on false information for the purpose of punishing the alleged assailant even though you knew it was untrue, you can be punished for making false accusations.
• Compensation can be claimed from the offender after they have been convicted through a civil lawsuit.

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

10.1 England

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

https://www.nhs.uk/service-search/other-services/Rape%20and%20sexual%20assault%20referral%20centres/LocationSearch/364

10.2 Scotland

Archway SARC: phone 0141 211 8175

https://archway.sandyford.org/what-is-archway/

10.3 Wales

New Pathways SARC: phone 01685 379 310

http://www.newpathways.org.uk/sexual-assault-referral-centre/ Ynys Saff Sexual Assault Referral Centre - Cardiff and Vale University Health Board https://cavuhb.nhs.wales/our-services/sexual-health/services-provided/ynys-saff-sexual-assault-referral-centre/

10.4 Northern Ireland

Rowan SARC Northern Ireland: phone 0800 389 4424

http://therowan.net/

• 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 South Korea

• 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 organisation

• Danuri Helpline

Tel: 1577 1366 (24 hours)

Web: https://www.liveinkorea.kr/portal/USA/main/main.do

• Seoul Sunflower Centre(서울해바라기센터) in Haehwa-dong

English and Korean services are available from 09am to 06pm (Monday~Friday) Tel: +82 (0)2 3672 0365 or +82 (0)2 3672 1117 (24 hours)

Website: http://www.help0365.or.kr

• Ministry of Gender Equality and Family

Tel: +82 (0)2 2100 6000

Web: http://www.mogef.go.kr

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).