Georgia: information for victims of rape and sexual assault
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 112
- contact your tour operator if you are travelling with one
- contact your nearest British embassy, high commission or consulate
Embassy staff will be polite, patient, sensitive 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.
If you want to report the incident to the police in Georgia
If you have a tour operator, they should be able to arrange for someone to support you. If you do not have a tour operator and you are in an area where there is a British embassy or consulate they will support you.
If you approach the police directly, you can also ask them to inform the nearest British consulate.
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.
Drinking, extramarital sex or homosexuality are not criminal or administrative offences in Georgia. Therefore, there is no risk in reporting the offence to the local police unless the customer has committed some other offence under the Criminal Code of Georgia or the Code of Administrative Offences of Georgia. The offences may include, inter alia, drug related offences, such as purchase, storing or transportation or the use of drugs without a prescription, inappropriate sexual behaviour towards a minor (the age of consent in Georgia is 16 and above), etc.
There may or may not be both male and female police officer to report a crime to. However, the search of the body of victim or an expertise which requires the victim to be nude, must be carried out only by the police officer or an expert/specialist of the same sex. Availability of such police officers or experts will be ensured by investigation authority.
All official communication with police, such as reporting a crime, giving a statement must occur in Georgian. For these purposes, a presence of a certified interpreter may be necessary if the person does not speak Georgian. Interpreters are normally not available at every police station and therefore, the victim may have to wait for their arrival.
The victim may be asked to give forensic evidence (blood tests, DNA samples), material evidence (clothing), photos of any damage inflicted to the victim, a testimony, etc.
An attorney has the right to accompany any person before investigation authorities, including during their presence at the police station. While at the police station, the attorney may attend the process of giving a testimony, obtaining evidence and can object to and report certain acts of investigation authorities which may amount to the breach of law on behalf of their principal.
The victim will not be required to surrender the passport or any other ID document. If such documents carry forensic evidence (fingerprints of the offender) they may be seized by the police as evidence, however considering their nature, they may be subject to accelerated expertise and be returned to the victim. Please note, that there is no strict deadline as to when items seized as evidence may be returned to the victim.
If you do not want to report the incident to the police in Georgia
The British embassy or consulate will be able to help you. This includes helping you make arrangements to contact your insurance company, your family, 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 report the incident to your tour operator and ask them for assistance. Where possible and if you wish, the tour operator may accompany you to the local hospital.
It is your choice on whether to report the crime, but if you do not report it, your case may not be investigated if there is a lack of forensic evidence. A person does not have to be in country to report a crime. Reporting a crime is possible in writing, by submitting a written statement before investigation authorities.
If the customer does not report a crime, they may seek medical attention and forensic examination, however at their own cost.
If you want to report the incident to the police in the UK
It is possible to report the crime to police in the UK. However, it is for foreign police forces to decide whether to investigate a crime in their jurisdiction. UK police forces cannot investigate crimes committed overseas. Foreign police forces can decide to request assistance from the UK police, but this cannot be guaranteed and is a very lengthy process.
It can therefore be very difficult to guarantee that any justice can be accessed without reporting the crime locally. Please see rape and sexual assault: returning to the UK after rape or sexual assault abroad for more information.
Reporting the crime in Georgia – what happens next
Due to the nature of the crime, the testimony of the victim remains one of the key evidence within the scope of criminal proceedings concerning rape. Therefore, the victim will be required to make a statement regarding the incident. This may include description of the events leading up to, during and after the incident, as well as giving the details on the attacker’s identity, such as their name (if available), their description, etc.
Often victim’s clothes carry forensic evidence necessary for identification of the criminals, such as their DNA. Therefore, based on the circumstances of the case, the victim’s clothes may be seized by the police and used as evidence in the case, the police will keep such items for the purposes of investigation. Items will be returned to the victim only after the respective decision of the court or law enforcement authority.
Based on the circumstances of the case, duration between the offence and the police visit, the police may send the victim (or take them) to the local hospital or a specifically designated institution for a forensic examination.
The medical examination – what to expect
Based on their specialisation, some hospitals and medical centres may not be in the position to treat victims of rape and sexual assault. For the victim to receive such help, hospitals must offer emergency services. The information on such hospitals may be obtained from emergency number 112, insurance service providers, where applicable or information hot-line in Georgia at 08.
Hospitals do not automatically report the results of any examination to the police. Such information may be provided to investigation authorities upon their request before or after the examination.
There is no protocol in Georgia as to what kind of examination must be carried out by the hospital, however the customer can request any tests they wish to be performed, considering the capacities of the hospital. Normally, hospitals do not take the photographs, unless requested so by the customer or the police.
Attorneys can assist their client to the hospital and can as lawful representatives obtain medical information of an individual or adopt decisions regarding the treatment on behalf of their client, in cases where an individual is unable to make such a decision (e.g. is in a terminal condition) if such authority is explicitly granted to an attorney.
As to local tour operators, they can assist an individual and accompany them to the hospital; however, they do not have the right to access medical information of an individual.
Treatment
Applicable legislation does not envisage any post exposure prophylaxis for victims. Technically giving such advice is possible however there is no public information that such prophylaxis is available in Georgia.
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 can be purchased at pharmacies located inside the hospitals or operating independently. They may be purchased only with the prescription and are not free.
Emergency contraception needs to be taken within 72 hours of the incident for it to be effective. Hospital treatment expenses and tests must be covered by the victim. Tests and specialist check-ups will be covered by the state of Georgia if they have been ordered by the investigation authorities within the scope of the investigation and represent evidence in the case.
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 let your local health provider know when you return home.
Police investigations in Georgia – what to expect
Based on the circumstances of the case, the police may take the victim to the scene of the crime, or the location of the attack, to identify the criminal.
If a suspect is brought to the police station, the victim will most likely be asked to make an identification.
An arrest of an individual is possible based on:
- a court order following the motion of the public prosecutor on the arrest of the individual
- other exceptional circumstances, such as catching the suspect while committing an offence, finding the evidence of the crime on the criminal’s body, etc
Following the arrest of an individual, the prosecutor must issue an indictment against detainee within 48 hours from such arrest. Detainee will be released from the detention within 72 hours unless the court issues an order on his/her pretrial detention. The court may also adopt other pre-trial measures, such as payment of bail, surrendering of the ID, mandatory periodical visits at the police station, etc.
The victim may testify before an investigator or a public prosecutor to make a statement. In practice statement are usually obtained by investigators. The statement must be given personally and cannot be done with the help of a lawyer. Lawyers may assist the victim during the interview process. In order to have access to the case note, a person must be granted the official status of the victim by the case prosecutor. If such status is granted, the case documents can be accessed by the victim or their attorney. As to attorney services, initial pro-bono service is not mandatory and can be negotiated.
The victim will be allowed to leave the country once the case is filed. However, the presence of the victim may be required in certain investigation activities or during the court hearing. Therefore, the victim may be requested to return to Georgia in such cases.
However, upon motion of a party, the court may decide that the motioning party may participate in the hearing remotely, using means of electronic communication.
Court procedures – what to expect
During the main stage of the court proceedings the victim will be required to testify before the court. The testimony must be given in presence of the judge, however, in certain circumstances the court may grant the victim the right to testify remotely, via the means of electronic communication.
Investigation authorities are by law required to inform the victim of the crime regarding the criminal proceedings as per request of the latter. However, this can be a complicated and lengthy process, especially in cases involving different jurisdictions. Therefore, involvement of the lawyer simplifies the case and allows the victim to exercise their rights effectively, such as representation of the victim before the investigation authorities and the court, appealing the decisions of the investigation authorities, being involved in plea bargain proceedings, reporting damages, providing evidence, appealing decisions of the investigation authorities etc. Based on the circumstances of the case the victim may be requested to give an additional statement.
Georgian legislation does not allow for recall of the statement reporting the crime, including rape charges. The person reporting the crime or a victim may address the investigation authorities with an application stating that there was indeed no criminal offence and the initial report is inaccurate, however the right to terminate criminal proceedings falls under the discretion of the case prosecutor. The prosecutor may terminate the case based on several grounds, among them if the investigation finds that there was no criminal offence committed or there was no criminal intent behind the action. This process may involve interrogation of the person reporting the crime, or the victim, obtaining evidence, etc.
The victim will not face any charges for recalling the statement. However, it is advisable for victim to ask his/her lawyer for consultation in this matter before making any decision with this regard.
The alleged assailant can press counter charges claiming false accusations by the victim. The victims may claim compensation by the offender, however this is possible only through the civil action. Such action may be pursued after the criminal verdict confirming the guilt of the offender.
There is no state-funded compensation scheme to cover physical or psychological injuries suffered because of a violent crime.
How can my case be taken to trial?
The victims do not need to file anything for the case to be taken to the trial. Termination of the case, as well as moving the case to the trial stage fully depends on investigation authorities and the court.
As stated above, victims do not need to make any filing for moving the case to the trial proceedings. However, if the victim wishes to communicate with investigation authorities it may do so from UK, via a written application. All statements or requests must be made in Georgian. To ensure faster communication, this might occur with the assistance of the lawyer.
Trial procedures
The victim may be notified regarding the trial upon their request for such information or in case, there is a summons asking the victim to appear before the court.
The victims do not need to attend a hearing, unless specifically summoned by the court or the investigation authority. The testimony must be given in presence of the judge, however, in certain circumstances the court may grant the victim the right to testify remotely, via the means of electronic communication.
The victim has the right to claim expenses of travel and accommodation incurred for the purposes of the criminal investigation or court proceedings. The prosecution may also provide the victim with the victim coordinator, person responsible for protection of victim’s rights and emotional support.
Based on the circumstances of the case, the pre-trial stage may last up to 1 year. It may take up to additional 6 months for a final sentence to be passed. The defendant has the right to appeal the case to the court of appeals and later to the court of cassation, in total two instances for appeal.
Hiring a lawyer
A privately-hired law firm can represent the rights of the victim within the scope of the criminal proceedings, including the trial, including presence during investigation activities, such as testimony, search and seizure, forensic expertise, etc. The privately-hired lawyer can also assist the victim in collecting the evidence as well as preparation of the case for civil proceedings. Furthermore, a lawyer can ensure communication between law-enforcement authorities, court and the victim, even if the victim is not present in Georgia.
Communication
Investigation authorities as well as the court will communicate with the victim at all stages of the proceedings where notification or presence of the victim is necessary or required by the law. The victim may also request information from investigation authorities or the court at any stage of the proceedings.
Usually communication with the victim occurs through their lawyer. Otherwise, investigation authorities may directly contact the victim at their residential address or phone or involve law-enforcement authorities of the state where the victim is located.
Investigation authorities may directly contact the victim at their residential address or phone or involve law-enforcement authorities of the state where the victim is located.
Legal aid
Females, subject to sexual abuse are entitled to legal aid offered by the relevant state authority in Georgia, for the purposes of obtaining a restraining or a protective order. Provision of assistance for the purposes of obtaining a protective order does not require the review of victim’s financial situation.
Services related to obtaining a restraining order will be rendered only if the person belongs to the list of Persons Receiving Social Aid in Georgia and has a rating score of 70 000 or below. Other types of services, including institution of criminal proceedings and representation before investigation authorities are not covered by legal aid.
Legal aid covers assistance in proceedings related to obtaining a restraining or a protective order. Legal aid does not cover any other services.
As to private lawyers, based on the amount of work performed, victims are normally charged for services before the case goes to court.
Sentencing
According to criminal legislation of Georgia, the purpose of the sentence is to ensure serving the justice, prevention of the crime and rehabilitation of the offender. These purposes must be respected equally by the judge.
The rape falls under the category of the crimes against sexual freedom. Judges can pass down judgments convicting an individual, on acquittal or partial acquittal/conviction.
After the person is found not guilty by the court of first instance the prosecution has the right to appeal the decision before the court of appeals and the court of cassation. If both courts find the accused innocent, the person will be acquitted of all crimes. Furthermore, they may request compensation of any damages due to wrongful conviction/detention, etc. The compensation may be sought from the state and in certain cases, the victim (e.g. damages for tarnishing reputation).
Compensation
Based on the claim of the victim the court can order compensation by the offender, however this is possible only through the civil action. Such action may be pursued after the criminal verdict confirming the guilt of the offender. There is no state-funded compensation scheme to cover physical or psychological injuries suffered because of a violent crime.
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.
There is no obligation under the law for local police authorities to contact UK police. The likelihood of such contact is low due to the time and resources required for international cooperation.