Sexual violence support for foreigners: language, status and privacy

Terms used

• 016 — The 016 is Spain's free, confidential helpline for victims of violence against women, with interpretation in many languages.
• Parte de lesiones — The parte de lesiones is the injury report a doctor must send to the court when injuries may come from a crime.
• Juzgado de guardia — The juzgado de guardia is the duty court that handles urgent criminal matters, such as injury reports.
• Oficina de Extranjería — The Oficina de Extranjería is the provincial immigration office that handles residence and work permit applications.

Key rules

• Immigration status: You do not need papers or a health card to get emergency care, call 016 or report.
• Forensic examination: The forensic examination is free for you.
• Interpreters: Police and courts must give you a free interpreter; hospital interpreting depends on the region and centre.
• Injury report: A doctor who sees injuries that may come from a crime must send a report to the court, not to immigration.
• Expulsion: Reporting gender-based violence without papers suspends any expulsion procedure until the criminal case ends.

Your status does not decide whether you get help

You can get help after sexual violence whether or not you have papers or a health card. Emergency care, the 016 helpline, protection and the right to report all stay open to you. Visitors may be asked for insurance details, but emergency care cannot be refused.

The forensic examination is free for you. A forensic doctor (médico forense) carries it out on a court order, and it is never charged to the survivor.

Language: what you can expect

• 016 helpline: It offers interpretation in dozens of languages, including English, French and Arabic. Ask for an interpreter when you call.
• Police: They must provide an interpreter when you file a complaint. Ask for one.
• Court: If the case goes to court, you are entitled to a free interpreter.
• Hospitals and crisis centres: This varies by region and by centre. Large hospitals often use telephone interpreting or cultural mediators, but not every one does. Ask the hospital or centre before you go, or call 016 first to find out what is available near you.

Confidentiality and the hospital

Your medical information is covered by professional secrecy and data protection. A hospital is not an immigration enforcement point, and health services do not routinely pass patient details to immigration authorities.

There is one thing to know. If a doctor sees injuries that may come from a crime, the doctor must send an injury report (parte de lesiones) to the duty court (juzgado de guardia). This can start a criminal investigation. The report goes to the court, not to the immigration office. If you want to know what goes in it, ask the doctor before the examination.

If you are worried about police or immigration contact, the choices below show ways to get care.

If you are without papers

When a foreign woman without papers reports gender-based violence, the procedure to expel or sanction her for irregular stay is suspended until the criminal case ends. Police who receive a complaint may still check status, but this protection applies to you.

Cases of sexual assault that are not gender-based violence can be handled differently. Speak to a lawyer or an NGO before you report, so you know how the protection applies to your case.

A residence permit can follow

A foreign woman who is a victim of gender-based violence, including sexual violence, can apply for a residence and work permit for exceptional circumstances (autorización de residencia y trabajo por circunstancias excepcionales).

• Evidence: The usual proof is a protection order or a prosecutor's report (from the Fiscalía) showing indications of violence.
• Provisional permit: It can be granted when the protection order is issued.
• Final permit: It follows when the proceedings end with a conviction or a finding of violence.
• Where to apply: The provincial immigration office (Oficina de Extranjería). Family members can also be covered.
• Trafficking: Victims of trafficking for sexual exploitation have a separate route. Ask a lawyer or NGO about it.

The rules on this were updated recently, including a 2024 reform, so have a lawyer confirm the steps for your case.

The checklist and the questions below cover the practical steps.

Choosing between options

How do you get medical care when you worry about police or immigration contact?

• Go to a hospital emergency department: You need care or an injury exam now. Hospitals are not immigration enforcement points and do not routinely share patient information with immigration authorities.

• Call 016 first and ask for advice: You are unsure about your rights or want to talk in your own language before going anywhere.

• Speak to a lawyer or NGO before any report: You are without papers and want to understand the protection against expulsion before contact with the police.

If you have injuries or need care, go to the hospital: the doctor must send an injury report to the court if it may come from a crime, but it does not go to the immigration office. If you are without papers and thinking of reporting, get legal or NGO advice first.

Checklist

• Call the 016 helpline and ask for an interpreter in your language.

• Ask the police for a free interpreter when you file a complaint, and ask the court for one if the case goes to court.

• Ask the hospital or crisis centre whether it has telephone interpreting or a cultural mediator before you go, since this varies by region.

• Seek care even without papers or a health card: emergency care, the 016 helpline, protection and the right to report do not depend on your status.

• Contact a lawyer or an NGO before reporting if you are without papers, to confirm how the suspension of expulsion applies to your case.

• Ask a lawyer to explain how a protection order or a prosecutor's report can lead to a residence and work permit for exceptional circumstances.

• Tell the doctor you want to know what goes in the injury report to the court, since it is sent to the court and not to the immigration office.

Frequently asked questions

Is the forensic examination free if I have no papers or health card?

Yes, the forensic examination is free for you, even without residence papers or a health card. The médico forense (court doctor) carries it out on a judicial order, and it is never charged to the survivor. Emergency care cannot be refused either.

Will a hospital tell immigration authorities about me?

No, health services do not share patient information with immigration authorities as a matter of routine. If the doctor sees injuries that may come from a crime, they must send a report (parte de lesiones) to the duty court, which can start a criminal investigation. That report goes to the judicial authority, not the immigration office.

Can I get a residence permit if I report sexual violence?

Yes, a foreign woman who is a victim of gender-based violence, including sexual violence, can apply for a residence and work permit for exceptional circumstances. A protection order or a prosecutor's report showing signs of violence is the usual evidence, and the application goes to the provincial immigration office (Oficina de Extranjería). A provisional permit can be granted when the order is issued, and family members can also be covered.

What happens to an expulsion procedure if I report while without papers?

If you are a foreign woman without papers and report gender-based violence, the expulsion or sanction procedure for irregular stay is suspended until the criminal case ends. Check with a lawyer or an NGO, because cases of sexual assault outside gender-based violence can be handled differently.