Be careful when reporting sexual assault overseas, especially if drugs or alcohol were involved. Source: ThinkStock
IT'S a truly horrifying thought that a traveller sexually assaulted overseas could end up being the one who lands behind bars instead of their attacker. But unfortunately it's a scenario that rings true in some of Australians' favourite holiday spots, a travel insurance company has warned.
Sure, you may think it will never happen to you, but it does happen. There are on average 30 cases of sexual assault involving Australians overseas filed to Travel Insurance Direct (TID) every year, with the majority being 18-30-year-old women in a range of locations, the company's Head of Emergency Assistance Lisa Fryar revealed.
And it's not just women who are affected; on average 5 per cent of the victims are men, most of whom were travelling in South East Asia and had their drinks spiked. These figures are just the tip of the iceberg, with many cases going unreported.
"When you're on holiday your guard's down a bit, you're more vulnerable," Ms Fryar told news.com.au of sex assault overseas. "You just don't expect these kind of things to happen."
Fryer says that unsuspecting and traumatised victims may find themselves in trouble after reporting the crime to local authorities, due to surprising laws. They may also be forced to undergo invasive physical tests and toxicology screenings that could have implications if drugs or alcohol are detected in their system.
These kind of nightmare situations even play out in major tourist hubs frequented by Australians such as Dubai and Bali.
"The Middle East is quite a different place for a female to report sexual assault, they're at risk of being incarcerated for adultery," Fryar said. "And if they've had anything to drink, which is also illegal over there, they could end up being jailed for that."
Fryer said she hasn't heard of a single case of a tourist successfully reporting a sexual assault in the Middle East without ending up behind bars themselves. But that certainly does not mean you should not report the crime. Actually the opposite. Just be aware of the steps you should take.
"Sadly, we see so many of these cases (sex assault). Rather than saying not to report it, always call the Australian embassy or travel insurance company to find out the best way to handle the situation."
If toxicology tests are pushed on you when reporting rape overseas, Fryar says to resist if possible.
"There are certain countries where we wouldn't advise you to consent to toxicology tests if you've had drugs or alcohol or been drugged. If the authorities find any trace of forbidden drugs you could be jailed. Especially in Indonesia, you could get a death sentence."
She said that in many countries, you could be forced to undergo a toxicology test if you report the crime to local police before contacting the Australian embassy. But if you report the incident when back home in Australia, you could take the tests over here instead.
Victims of sex assault also need to be cautious when dealing with local authorities in India and South America due to corruption.
"There could be further assault (by the authorities), they could take advantage of you financially (bribes), and the other thing is in a lot of countries they don't have appropriate trauma counselling or medical assessment," she said.
"And in Africa if you report rape and then have a medical assessment they won't necessarily start you on antiviral treatment straight away, so you're at a greater risk of contracting a disease such as HIV."
It's a timely alert that comes days after Australian tourist Laura Bushney went public about her fight in a French court against a man who allegedly molested her on a Malaysia Airlines flight.
Laura Bushney, 26, claims that she was assaulted by the chief steward on flight MH20 from Kuala Lumpur to Paris. She underwent invasive physical tests in France and was forced to confront her attacker in court where her claims were read out and she was asked if she wanted to retract them. It has been a gruelling process.
Laura Bushney claims she was sexually assaulted on a Malaysia Airlines plane. Source: Channel 7
And Ms Bushney is far from the only traveller who has had to deal with the aftermath of sexual assault overseas.
In a shocking case last year, Norwegian traveller Marte Deborah Dalelv was sentenced to 16 months in jail for reporting her rape in Dubai. She said she'd never expected that telling the police would end up being a bad decision.
"I called the police," Ms Dalelv said. "That is what you do. We are trained on that from when we are very young."
But she claims she became nervous when the officers asked her some uncomfortable questions such as: "Are you sure you called the police because you didn't like it?"
Ms Dalelv's passport was confiscated, her money taken and she was charged with having extramarital sex, drinking alcohol and perjury. She was later pardoned after an outcry.
But not everyone has been set free in such a scenario. Australian Alicia Gali was jailed for adultery for eight months in 2008 after she complained to police that her co-workers at a resort in nearby Fujairah drugged and raped her.
Alicia Gali 29 was raped after her drink was spiked at a hotel. Picture: Jamie Hanson Source: News Limited
Here's a guide of what to do (and not to do) if sexually assaulted overseas:
Middle East
Regardless of blame, be warned that a woman may be incarcerated for adultery (and for
drinking alcohol — if that has happened) if she is raped. So we suggest this course of action:
• Call the Australian Embassy immediately and ask to be taken to the Embassy clinic (or
one they recommend)
• Do not consent to toxicology screening
• Demand antiretroviral treatment immediately
• Call your travel insurance provider's emergency assistance team as soon as practicable.
(Generally insurers will arrange flights to get you to the nearest reliable medical facility or
back home so the issue can be dealt with properly.)
South America
You may be dealt with fairly, however high levels of corruption among local police, have led
to complaints in dealings of the situation. A suggested course of action is:
• Call the Australian Embassy immediately
• Call your travel insurance emergency assistance team. For example, TID will arrange
medical treatment at a trustworthy facility as soon as practicable.
Indonesia
• Do not consent to toxicology if you suspect you have been drugged (screening is very
limited and not comprehensive, it is better to get it done properly and thoroughly in Australia)
• Call the Australian Embassy immediately and ask to be taken to an embassy-preferred
clinic
• Demand being moved to Australia for medical treatment (particularly if you have been
drugged with methanol)
• Call the your insurance company's emergency assistance team.
India
If you're in a large city in India, the below course of action is suggested:
• Call the police on 100 and report the incident. Have someone with you to act as a
witness when you are being interviewed.
Or if no-one is with you:
• Call the Australian Embassy and ask them to conference the call with the local police
• Call your travel insurance emergency assistance team to arrange treatment.
Africa
There are potentially very serious health risks from unprotected sexual contact throughout
this region. If assaulted:
• Call the your insurance company, to arrange a referral to an international
clinic to start precautionary treatment immediately.
Everywhere else:
• When in doubt call the insurance emergency assistance team and report the incident immediately. They are equipped to deal with this immediately and sensitively and get you to safety as soon as possible.
Victims can end up behind bars. Source: Supplied
Warning from the Government
The Government's Smartraveller website also advises caution when reporting sex assault overseas: "You should be aware that in some countries sex outside of marriage is illegal. It is possible that victims of sexual assault may face criminal prosecution rather than being considered the victim of a crime.
"There have been cases where sexual assault victims have been imprisoned after reporting an incident to local police or upon seeking medical assistance. If you have any doubts about possible legal repercussions, we strongly advise that you contact the nearest Australian embassy, high commission or consulate or DFAT's 24 hour Consular Emergency Centre as quickly as possible to obtain relevant information on these issues and guidance on what support services may be available."
General travel safety tips:
• If travelling solo and you're nervous about it, wear a wedding band
• If travelling with your male partner/travelling companion in Middle East/Nepal/India —
suggest you are "married" or long term partners. This will ward off unwanted attention
but also validate why you are travelling together
• If travelling solo, talk about a special man in your life, even if there is not one
• If you wake up in a location and with someone that you cannot remember going to bed
in, the chances are you could have been drugged and raped.
• Travelling with a sarong/shawl is a good idea, especially when considering visiting
temples. A sarong or shawl can be used to cover shoulders/or legs. By not covering
your shoulders, you could be sending a message that you are "available".
The Australian embassy's Consular Emergency Centre 24 hour phone service can be reached on 1300 555 135 within Australia (local call cost) or +61 2 6261 3305 from outside Australia.More advice on dealing with sexual assault abroad can be found on their Smartraveller website.
news.com.au has contacted DFAT for comment.
What you need to know before going to Dubai
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