Reporting the crime in Antigua - 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.

• you will be expected to make a statement about the incident including a description of the attacker(s).

• the police will keep any clothing and physical evidence which may be evidence of your attack to present to a forensic examiner.

• you will be taken the district doctor responsible for the district in which the offense happened or to Gender Affairs for examination and counselling.

• the local police would inform the British High Commission of the assault.

• the local police would not request a police check on the victim as a common practice.

The medical examination – what to expect

• CID officers are contacted and the examination is done at the health center in the area where the offense took place; however, the doctor may ask to use the general hospital facilities.

• if the victim goes to the the public hospital they will automatically report the results to the police, particularly when the crime has already been reported. If the crime has yet to be reported the hospital may call the police on the victims behalf.

• the district medical officer in the area in which the incident occurs will carry out the examination. A physical examination will be conducted, lab and blood samples taken, and a rape kit (steps 1 – 14), along with any other necessary examination as determined by the medical practicioner. Photographs are generally taken of the injuries.

• once the crime is reported to the police, local tour operators / police will accompany you to the hospital.

However, the consular section at the British High Commission can arrange to see you at your earliest convenience with your consent. If you have not sought medical attention and would like to do so we can assist in making arrangements. We can also contact friends and family on your behalf and any organizations that may be able to provide assistance.

Treatment

• hospital medical staff and the Infection control department can give advice on HIV PEP medication (‘Post-exposure prophylaxis’, a treatment that can prevent HIV infection). PEP is available locally through the Clinical care coordinator assigned to your case. It is both medically prescribed and closely monitored.

• 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 access emergency contraception through the A & B Family Planning Association with a small fee attached. A prescription is not required for access

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

• hospital treatment and tests are paid for by the individual or through insurance.

• 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 Antigua – what to expect

• the Police will not take the victim to the scene of the crime, unless ordered by the judge presiding over the case in unique circumstances.

*if a suspect is brought to the police station the victim will be asked to identify the suspect generally through an ID Parade.Your identity will be protected.

• it is the mandate of the police to complete the investigation within 3 to 4 months, at which time the case would then appear before the public prosecutor. After this, the case will enter the committal stage at the Magistrate Court for assizes.

• the victim will be expected to go before the public prosecutor to make a statement once the matter is being heard. The lawyers cannot do this. The lawyers have access to the victim/case notes at this stage (however, all requests for notes are made through the Commissioner of Police).

• victim(s) will be allowed to leave the country once the case is filed.

Court procedures – what to expect

• the victim will be expected to testify in court during the trial. Currently the victim is expected to return to the country to give testimony

• the victim is entitled to be kept aware of the case. This can be done through the British High Commission or local police. Hiring a lawyer can protect your legal interest within the justice system but it is not a requirement.

• once the statement has been given there is generally no need to give an additional statement.

• the victim may drop charges once filed without the fear of any legal repercussions. Furthermore, there are no legal consequences for dropping charges. The charge of rape is not an automatic state prosecuted charge, the prosecution can drop the charges depending on the evidence presented.

• the assailant cannot press counter charges.

• the courts cannot order the offender to pay compensation in the criminal court, however, a civil case can be brought before the courts once it has been heard and convicted in the criminal courts.

• there is no state funded scheme for this case type to cover compensation for physical or psychological injuries suffered as a result of violent crime.

How can my case be taken to trial?

• there is no need for the victim to file anything or to make filings as their witness statement to the police is sufficient.

Trial procedures

• there is no set time to determine when a trial will be started, however the victim is generally informed once a date has been set. The trial will be conducted in English

• the victim doesn’t need to be present at every court sessions but could potentially be called for the committal hearing. The trial however may be the only required stage where the victim’s presence is necessary. Currently the victim is required to return to the country to give testimony.

• the country concerned may assist with travel and accommodation arrangements, however, no other support will be provided.

• it can take approximately two (2) to three (3) years for a case to come to trial. The trials length is dependent on multiple factors which mainly involve the defendant. If there is a point of law or an occurrence during the trial the defendant may have the right to appeal. There are two appellant levels to which the defendant could be heard.

Communication

• the Director of Public Prosecutions office would communicate with the victim at different stages of the proceedings e.g. to inform of trial date and to arrange for testimony.

• if the victim is not resident in-country then the Director of Public Prosecution’s office will still maintain contact however, the Consular section at the British High Commission could follow up on behalf of the victim to provide updates.

Legal Aid

• legal aid is not available for victims as a lawyer is not required.

Sentencing

• sentences for this case type are weighted in favour of punishment.

• the perpetrator in this case type would be guilty of ’crime against the person’.

• judges are able to pass down sentences of imprisonment.

• if the alleged perpetrator is found not guilty, they are released.

Compensation

• the courts cannot order the offender to pay compensation in the criminal court, however, civil court has the ability to do so once the case has been tried in the criminal court.

• there is no state-funded compensation scheme for persons who have suffered injury as a result of a sexual assaultor abroadviolent crime.

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