LEGAL ENVIRONMENT SURVEY

Country:

Date of Survey:

Survey Completed By:

General Criminal Legal Process

Complaint
1) How does a Volunteer victim file a complaint with local authorities? (If this varies by the type of
crime; e.g. rape, burglary, homicide; please explain for each crime)
2) Does the complaint have to be filed in the jurisdiction (area) where the crime occurred?
3) Is there a specified time period in which a complaint must be filed? (If it varies by type of crime,
please explain)
4) Can the victim be restricted from leaving country once a complaint has been filed?
Investigation
5) Once a complaint is filed, what are the normal steps and timeframes and who is responsible for
the investigative process?
6) Briefly describe the role of the prosecutor, magistrate, and/or investigative judge.
7) Does the law allow or require the victim to be represented by a private attorney? What would
be the role of the private attorney in the investigation and prosecution of a case? If not required
by law, to what extent would it be beneficial to the prosecution for the victim to be represented
by a private attorney?
8) If a suspect is apprehended, how long can authorities detain the suspect before filing formal
charges or conducting the identification process?
9) Does the victim have to identify the suspect before the individual is charged?
10) If the victim is required to identify the suspect, please explain how the identification process is
conducted (i.e. through photographs, live line-up, in the presence of the suspect)? Is the
identity of the victim protected during this process?
In cases where the victim is no longer in country, can other arrangements be made for the
identification?
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11) If an arrest is made, can the suspect be released on bail after being charged (if this varies by the
type of crime, please explain)?
12) If a suspect is released on bail, is the victim notified?
13) Describe the court process (i.e. jury trial, bench trial) and outline the steps and approximate
timeline in the prosecution process after a suspect has been charged (i.e., preliminary hearing,
arraignment, trial, sentencing, etc...).
14) What, if any, is the involvement of the victim in the prosecution process?
15) What, if any, legal rights are provided to the victim of a crime during the prosecutorial process?
16) Can or will the state pursue a prosecution if the victim decides to withdraw the complaint or
declines to participate further?
17) Is there a provision for reconciliation or forgiveness if the victim does not wish to proceed
with a criminal case? If so, what is the process? Is there mandatory mediation between the
parties regardless of whether the government proceeds?
18) Does the victim have to testify in person during the trial? If the victim is unable or unwilling to
testify in person at the trial, can the victims testimony be rendered in a written statement,
through video conferencing or through a power of attorney?
19) Does the defendant (not the defense attorney) have the right to cross-examine the victim
directly? Will the defendant be present when the victim testifies?
20) Are interpreters provided by the court? If not how does one make arrangements to have an
interpreter present?
21) Are there any subjects into which the defense may not inquire with respect to the victim (e.g.
the character of the victim, previous sexual history of the victim or defendant)?
22) Is there potential legal liability for the victim if the defendant is found not guilty?
23) If the defendant is found guilty, does the defendant have the right to appeal the verdict?
24) If the defendant is not found guilty, does the state have the right to appeal the acquittal?
25) Describe the appeals process, including any pretrial appeals process.

Sexual Assault and Stalking

Legal Statutes
1) What is the legal definition of rape?
2) Does the legal definition of rape recognize same-sex rape or male victims of rape? If not, how
would such offense be charged?
3) Does the legal definition of rape recognize rape by a spouse or a significant other
(boyfriend/girlfriend)? If not, how would this offense be charged?
4) Please list other related sexual offenses and the definitions of these offenses.
5) What, if any, protections are afforded under local law to protect the identity of sexual assault
victims?
6) What laws, if any, address the crime of stalking?
7) What, if any, laws exist addressing the crime of sexual harassment?
8) Is there a different process for reporting sexual assaults to law enforcement? If so, what is the
process?
Sexual Assault Forensic Exam (Form TG540, Attachment K must be attached)
1) Describe the process for obtaining a sexual assault forensic examination. Be sure to address
who is authorized to conduct the exam and whether or not the police or courts must issue an
order for the exam to be performed.
2) Does local law require a forensic exam to initiate a criminal complaint for rape or other sexual
offense? Are medical officers that perform SAFE exams required to report to law enforcement?
3) Does the local law require a sexual assault forensic examination to be conducted within a
specific timeframe following an assault? If so, what is the time frame?
4) Must the sexual assault forensic examination be conducted in the jurisdiction where the crime
occurred? Can the location of a sexual assault forensic exam be changed by request of the
victim, Peace Corps, or the Embassy (e.g., to have the exam conducted in the capital)? If so,
with whom would Peace Corps coordinate to request a different venue?
5) Under local law, can the PCMO, or another person of the Volunteers choosing be present
during the SAFE?
6) Is a psychological examination required following a sexual assault in addition to the forensic
exam?
Media

1) Is it common practice for the media to publish the name of the sexual assault victim or accused
in your country? Do they have access to official court documents and police records?
2) What, if any, protections are afforded under local law to protect the identity of sexual assault
victims?
3) Is the media allowed in the court room for sexual assault cases?

Questions Regarding Death Investigations

1) Under local law, when is a post mortem examination required? Who is responsible for
conducting post mortem examinations and at what facility/facilities are post mortem
examinations performed?
2) Does the host country have the capability to conduct a forensic autopsy?
3) Does local law permit the PCMO or other U.S. Medical Personnel to be present during an
autopsy?
4) Would the results of an examination done in the U.S. be admissible in court?
5) What is the process for obtaining an official death certificate and additional documents
necessary for repatriation?

Questions Regarding Evidence

1) Does the host country have an automated fingerprint identification system? Does the host
country maintain a centralized DNA database?
2) What are the host countrys capabilities for conducting a composite sketch?
3) For each of the following, please indicate if the evidence is admissible in court and if, so, who
conducts the forensic analysis?

Evidence
Fingerprints
DNA
Firearms/Ballistics
Toxicology

Admissible in Court?

Who/Where Conducted?

4) If the host country does not have the capacity to process all the pieces of evidence does it have
arrangements with another country to examine the evidence? Would it be legally permissible to
send the evidence to the US for examination and would the results be admissible in court? What
would the process be?
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Additional Considerations and Comments

1) Please list any persons, agencies or offices that may be of significant assistance to Peace Corps
during an investigation and/or prosecution, including attorneys who might otherwise represent
the victim:
Office
Police
Public Prosecutor/Courts

Name/Position

Contact Information

Medical Examiners office

Attorney
Forensic Lab
US Embassy/ACS
Local Advocacy Groups
Criminal Investigator
2) Please list the names of the individuals interviewed in conducting this survey.
Name

Agency/Office