Victim of an assault: what to do?

Initial hours, filing a complaint, investigation, compensation,...
Our expert solicitors answer your key questions

I've just been assaulted, how should I react?

  • What should I do after the assault?

    The priority is to get you to safety, have your injuries recorded, preserve the evidence and, if you wish, prepare to file a complaint.

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After an assault, it is normal to feel lost, in shock or unable to react. Yet, the first few hours are important. They not only help protect your health, but also preserve evidence that could be useful if an investigation is opened.

Start by moving away from your attacker if the danger persists. Go to a safe place, ask a trusted person for help or contact the emergency services if the situation requires it.

If you are injured, see a doctor or go to A&E promptly, even if the injuries seem minor. Some injuries only become visible after several hours and the medical certificate issued by a healthcare professional will be an essential piece of evidence in your case.

Then, remember to keep the evidence. Keep the clothes you were wearing, take photographs of your injuries, keep any messages, emails or screenshots related to the incident and write down everything you can remember while your memory is still clear: date, time, location, description of the perpetrator, and the potential presence of witnesses.

Finally, please note that you are not obliged to lodge a complaint immediately. If you are not in a fit state to do so, take care of yourself first. The important thing is to preserve the evidence in order to keep all your options open for action later on. 

 

  • Should I call the police or an ambulance?

    Yes, if you are in danger, if you are injured or if the attacker is still present. Rapid intervention can protect victims and preserve important evidence.

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After an assault, your first instinct should be to assess the situation. If the danger is still present or someone is injured, contact the emergency services immediately. Do not wait for the situation to worsen. Call the police if the assailant is still at the scene, if they are fleeing, if they are armed, or if there is a risk they might claim further victims. A swift response can lead to their arrest and secure the area. If you or another person are injured, the emergency services will be able to provide immediate medical attention. Even when injuries seem minor, some may require urgent examination.

 Notifying the authorities quickly is also beneficial for the investigation. Police officers or gendarmes can gather initial testimony, carry out on-site observations and request the preservation of CCTV footage before it is automatically deleted.

On the other hand, if you are already safe and the events occurred several hours ago, it is not always necessary to call an emergency number. You can consult a doctor, gather initial evidence and then file a complaint at a later stage.

 

  • Should I go to A&E even if I'm not seriously injured?

    Yes, if you are in danger, if you are injured or if the attacker is still present. Rapid intervention can protect victims and preserve important evidence.

Yes. Even if your injuries seem minor, a medical consultation allows your state of health to be checked, potential invisible injuries to be detected and a medical certificate to be drawn up which could be useful in your procedures.

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Following an assault, it is common to play down one's injuries. Under the effect of stress or adrenaline, the pain may be dampened for several hours. Certain injuries, such as a fracture, concussion, sprain or internal injuries, sometimes only manifest later on.

Seeing a doctor or going to A&E is primarily about protecting your health. The healthcare professional will check for potential complications and prescribe the necessary tests or treatment.

This consultation is also important from a legal perspective. The doctor will issue a medical certificate describing precisely the injuries observed, their location and their consequences. This document constitutes objective evidence of your state of health following the assault. It can be used in the context of an investigation, legal proceedings or a claim for compensation.

If you are a victim of sexual violence, it is strongly recommended that you consult a doctor without delay. Medical teams will be able to carry out specific examinations, look for biological traces, prevent certain infectious risks and direct you towards appropriate care.

Finally, remember that the consequences of an assault are not solely physical. Anxiety, sleep disorders, panic attacks or post-traumatic stress disorder may appear in the days that follow. Reporting them from the first consultation will ensure better medical follow-up.

Frequently asked questions

I've only got a bruise, is it really worth seeing a doctor?
Yes. An apparently minor injury can conceal a more significant lesion, and the medical certificate will serve to keep proof of it.

Can I see my GP rather than going to A&E?
Yes. If your condition does not require urgent care, your regular doctor can also examine you and issue a medical certificate.

What should you do if the pain only appears two or three days later?
Consult without delay. Explain to the doctor that they appeared following the assault so that they can record them and mention them in your file.

Are the psychological consequences taken into account?
Yes. Psychological disorders can be recognised as a harm in their own right and must be reported from the very first medical consultations.

Keep everything that can help establish the facts: clothing, photographs, messages, medical certificates, videos and witness contact details.

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Following an assault, evidence can disappear very quickly. Some is destroyed unintentionally, while other evidence is automatically deleted, such as CCTV footage. The quicker you act, the more you increase the chances of being able to demonstrate what happened.

If your clothes are torn, stained with blood or bear traces of the assault, do not wash them. Place them in a clean bag, preferably a paper bag or an individual bag, in order to preserve any evidence useful to the investigation.

Take photographs of your injuries as soon as possible, then take them again over the following days as the bruising develops. The shots must be clear, dated if possible, and show both a close-up and an overall view.

Keep all communications with the perpetrator: text messages, WhatsApp messages, Messenger, emails, voicemails or social media posts. Do not delete them, even if they shock you. They can demonstrate threats, insults, harassment or admission of certain acts.

If anyone witnessed the assault, ask for their contact details. A witness who agrees to speak right after the event will often be easier to trace than a witness sought several months later.

Finally, promptly consult a doctor and keep all medical documents: initial medical certificate, prescriptions, test results, sick notes, hospital discharge reports and proof of medical care. These will help to establish the severity of your injuries and assess your damages.

 

  • Should I lodge a complaint immediately?

    No. You do not have to lodge a complaint immediately, but it is best to act quickly in order to preserve evidence and facilitate the investigation.

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Following an assault, many victims do not feel capable of going immediately to a police station or gendarmerie. Shock, fear, shame or fatigue can make this step difficult. This is a normal reaction.

The law does not require you to lodge a complaint within the hours following the incident. You can take the time to consult a doctor, notify a loved one, get support or seek advice from a solicitor before starting proceedings.

However, it is recommended not to wait too long. The sooner the facts are reported, the easier it will be for investigators to find witnesses, use CCTV footage or gather physical evidence. Some elements disappear in just a few days.

Before filing a complaint, take the time to gather any useful documents: a medical certificate, photographs of your injuries, screenshots of messages, witness contact details, medical bills or any other evidence to support your account.

If you are not ready to make a formal complaint immediately, write down everything you can remember. Memories fade over time and this personal document will help you to recount the facts accurately during your interview.

Finally, bear in mind that certain offences can be reported several years after the events. The time limit depends on the nature of the offence. 

Check out our detailed guide to filing a complaint

Frequently asked questions

Can I file a complaint several days after an assault?
Yes. In many cases, complaints are lodged several days, or even several weeks, after the events.

Can I be accompanied to file a complaint?
Yes. You can be accompanied by a relative, a lawyer or a representative from a victim support organisation.

Do I need to have all the evidence before filing a complaint?
No. You just need to recount the facts sincerely and hand over the evidence you have. The investigation will then make it possible to look for further proof.

Can I change my mind after filing a complaint?
Withdrawing a complaint does not automatically result in the discontinuation of proceedings. The public prosecutor may decide to pursue the case if the facts justify it.

No. In certain situations, you can be compensated even if you have not lodged a formal complaint. However, you will need to demonstrate that you were indeed the victim of an offence.

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Many victims give up on claiming compensation because they think that filing a criminal complaint is compulsory. That is a misconception.

In reality, the Commission for the Compensation of Victims of Crime (CIVI) can, in certain cases, compensate a victim even in the absence of a complaint. What matters above all is proving that an offence was indeed committed and that you have suffered harm.

This does not mean that it is pointless to file a complaint. On the contrary, a complaint often makes it easier to establish the facts and enables investigators to gather evidence. But if you did not have the strength to file a complaint immediately, if you feared reprisals or if your psychological state did not allow you to do so, you do not automatically lose your right to compensation.

The CIVI will examine the entire file: medical certificates, testimonies, photographs, messages, medical reports, psychological assessments or any other evidence making it possible to establish the reality of the assault.

In practice, the better documented your file is, the greater your chances of obtaining compensation. This is why it is strongly advised to consult a doctor promptly and keep all evidence, even if you do not wish to lodge a complaint immediately.

There is no fixed duration. An investigation can last from a few weeks to several months, or even several years for the most complex cases.

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Following the filing of your complaint, an investigation is opened under the authority of the public prosecutor. Its duration depends mainly on the complexity of the facts, the number of witnesses, the necessary expert assessments and the investigations to be carried out.

In a straightforward case, where the perpetrator is quickly identified and evidence is abundant, the investigation can be wrapped up in a few weeks or months.

However, if the author is unknown, if multiple people are involved or if medical, psychological or technical expert assessments need to be carried out, the procedure may take much longer.

During this period, investigators can question the victim, interview witnesses, summon the suspect, review CCTV footage, analyse telephones, request expert assessments or carry out searches. Each investigative step takes time and also depends on the workload of the investigative services.

Once the investigation is complete, the case file is forwarded to the public prosecutor, who decides what action to take: institute proceedings, request further investigations, or close the case without further action.

Therefore, it is normal to go several weeks, or even several months, without hearing anything. This does not mean your application has been abandoned.

  • Should I get a solicitor and who pays their fees?

    You are not obliged to use a lawyer, but their assistance is strongly recommended if you wish to defend your rights effectively and obtain full compensation. Depending on your situation, their fees may be covered in whole or in part.

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In criminal matters, the victim is not under any obligation to be assisted by a lawyer. You may lodge a complaint, be interviewed by the investigators and attend the hearing without representation.

In practice, the involvement of a lawyer often makes a real difference. Their role is not limited to accompanying you to court. They check that your file is complete, help you gather evidence, prepare you for hearings, request investigative measures when necessary and assess all your losses in order to obtain compensation appropriate to your situation.

The lawyer also intervenes if your complaint is dismissed without further action, if you need to refer the matter to the CIVI, if a medical assessment is organised or if you join as a civil party. They ensure that your rights are respected at every stage of the procedure.

Contrary to popular belief, hiring a lawyer does not necessarily mean incurring significant costs. Several funding options exist.

Your legal expenses insurance, included in certain home, car or bank card insurance policies, may cover all or part of the fees.

Subject to income conditions, you may also be eligible for legal aid, which allows the State to cover all or part of your lawyer's fees. Check your insurance policies and/or bank cards as they sometimes include legal protection cover, which enables all or part of your lawyer's fees to be paid.

  • What amount can I expect?

    There is no fixed scale. The amount of your compensation depends on your injuries, their impact on your life and all the losses you have suffered.

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Following an assault, you have the right to be compensated for all the consequences of the offence, whether they are physical, psychological, professional or financial. The objective is not to «put a price» on the violence suffered, but to repair, as far as possible, the harm it has caused.

Contrary to popular belief, compensation does not depend solely on the number of days of temporary total disability (TTD) or the apparent severity of the injuries. Two victims with the exact same fracture may receive very different compensation depending on their age, profession, after-effects, or the impact on their daily life.

Compensation may notably cover:

  • physical and psychological suffering; ;
  • the medical expenses remaining payable by you; ;
  • the loss of revenue; ;
  • the cosmetic impairment (scars, deformities, etc.); ;
  • the loss of enjoyment of life if you can no longer practice a sport or a hobby; ;
  • costs of assistance by a relative; ;
  • the consequences on your family or professional life; ;
  • permanent after-effects, where they exist.

The amount is generally assessed after an medical expert assessment, which will determine the injuries, their evolution and their long-term consequences.

Frequently asked questions

Can I be compensated even if the offender is insolvent?
Yes. In certain situations, the CIVI or other compensation mechanisms may intervene.

Is psychological damage compensated?
Yes. Anxiety, post-traumatic stress, sleep disorders or depression can give rise to compensation when they are medically established.

Does the ITT, Total (or Temporary) Incapacity for Work, determine the amount of compensation?
No. The ITT is one element among others. Compensation depends on all the harm suffered.

 

How do I find out the amount I am entitled to?
Only a complete review of your file, often supplemented by a medical report, makes it possible to seriously estimate your compensation. This is precisely the role of a personal injury lawyer.

  • Is the victim blameworthy?

    Yes, in certain situations. Having been the victim of an assault does not automatically protect you from a conviction if you yourself have committed an offence.

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Following an assault, evidence can disappear very quickly. Some is destroyed unintentionally, while other evidence is automatically deleted, such as CCTV footage. The quicker you act, the more you increase the chances of being able to demonstrate what happened.

If your clothes are torn, stained with blood or bear traces of the assault, do not wash them. Place them in a clean bag, preferably a paper bag or an individual bag, in order to preserve any evidence useful to the investigation.

Take photographs of your injuries as soon as possible, then take them again over the following days as the bruising develops. The shots must be clear, dated if possible, and show both a close-up and an overall view.

Keep all communications with the perpetrator: text messages, WhatsApp messages, Messenger, emails, voicemails or social media posts. Do not delete them, even if they shock you. They can demonstrate threats, insults, harassment or admission of certain acts.

If anyone witnessed the assault, ask for their contact details. A witness who agrees to speak right after the event will often be easier to trace than a witness sought several months later.

Finally, promptly consult a doctor and keep all medical documents: initial medical certificate, prescriptions, test results, sick notes, hospital discharge reports and proof of medical care. These will help to establish the severity of your injuries and assess your damages.

 

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