A Guide to Keep You Safe Abroadprovided by: Pathways to Safety International

Know Before YouGo

CUBA

Updated May 2019

Let’s be perfectly clear, the number one way to prevent sexual assault is to not rape. While the responsibility of ending sexual gender based violence is on the perpetrators, this guide will offer general safety tips, country-specific information, and resources to help prevent and prepare travelers for the possibility of sexual assault abroad.

ALCOHOL AND DRUG AWARENESS:• Always watch your drink being poured and carry it yourself, even to the bathroom.• “Drug-facilitated sexual assault drugs,” also referred to as club drugs or roofies may turn your drink slightly salty, bright

blue, or cloudy. Effects such as distorted judgment, loss sense of time, sight, sound, identity, and overall consciousness can be felt within 15 minutes and may last up to 4 hours.3

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7 out of 10 rapes are

committed by someone known to the

victim1

GENERAL SAFETY TIPS:1. Use the buddy system and travel with friends.

2. Be aware of social and cultural norms. For example, looking at someone in the eyes when you speak to them is perfectly normal in the U.S., but in another country that could signify you’re interested in the person.

3. Recognize controlling behavior when entering a relationship. Most rape survivors recall feeling “uncomfortable” about some of their partner’s behaviors such as degrading jokes/language or refusal to accept “no” as an answer, whether in a sexual context or otherwise.2

4. Avoid secluded places where you could be more vulnerable. Meet new people in public spaces and let a trusted friend know where you’ll be beforehand. Always have a backup plan in mind.

5. Trust your gut. Many victims have a “bad feeling” right before an assault takes place. It’s okay to leave a situation that is making you feel uncomfortable. Stay alert and aware in new social settings and places.

• Cuba does not have a legal drinking age, but the minimum age to purchase an alcoholic beverage is 18 years old. Alcohol is widely available and accessible throughout the country.4

CULTURAL INFORMATION:Major Religions: Cuba is a secular country that allows its population to practice different religions. The major religions practiced are Roman Catholicism and Afro-Cuban religions.5

Legal System: Cuba’s legal system is based on both Spanish and American Law and it is highly influenced by Marxist theory. The legal system is compromised by the Supreme court, provincial and municipal courts.6 All courts are overseen by the National Assembly of People. There is no trial by jury but rather lay judge’s are trained by professional judges in order to give the sense of a court system that runs on peer to peer justice.7

Social/Cultural Norms: The Communist Revolution of 1959 has extensively shaped Cuban culture. Cubans have been characterized as extremely resilient given their economic and political difficulties.8 In spite of their hardships, the Cuban people are friendly and welcoming and enjoy a brimming social life, including a vibrant music and arts scene.9

Gender Equality: Under article 44 of the 1976 Socialist Constitution, women and men have equal rights to health care and education.10 Although Cuba ranks third in the world for most female representation in the main government with 49% of Congress being female, Cuban women are still subjected to the long held ideals of machismo that effect much of Latin America, especially traditional gender roles of domestic duties and child care.11,12

KNOW BEFORE YOU GO: CUBA

3KNOW BEFORE YOU GO: CUBA

The US Department of State warns that US Citizens requiring medical care will likely have to pay for care in cash or by a non-US credit card. The State Department suggests that domestic violence survivors and victims of other crimes including sexual assault contact that US Embassy in Cuba or the local police by dialing 106. There is limited information available on what to do as a traveler in Cuba who experiences sexual assault.15

Law No. 62 Article 298.1 of the Cuban Penal Code outlines rape as punishable by law. According to the Penal Code, rape can carry sentences of 4 to 20 years in prison depending on the circumstances of the rape that occurred. Rape can be punishable by death if the victim was under 12 years old or if there were severe injuries incurred.13 Marital Rape is not recognized under Cuban Law.14

SEXUAL ASSAULT AND THE LAW: Cuban Context

MEDICAL CARE AND REPORTING SEXUAL ASSAULT IN CUBA

EMERGENCY CONTRACEPTION (EC), POST-EXPOSURE PROPHYLAXIS (PEP), AND ABORTION INFORMATION

LGBTQ CONCERNS

Q: Are emergency contraception and post-exposure prophylaxis available?

A: Emergency contraceptives are available under the brand name Postinor at local pharmacies with a prescription.18

Q: Is abortion legal in Cuba?A: Cuba decriminalized abortion since the

Revolution of 1959 and it was written into the law as a “women’s sovereign right” in 1968. Abortion and birth control remain very accessible to women in the Country.19

During the height of the communist regime, gay men were persecuted and put in concen-tration camps. Recently in Cuba, there has been some traction in LGBTQ rights movement but it has been slow given that the population does not have freedom of speech.16 Although Cuba’s Constitution “bans discrimination based on race, skin color, sex, national origin, religious beliefs and any other offense against humanity,” same sex marriage is not recognized under the law.17

If You Experience Sexual Assault…Don’t blame yourself! Sexual assault is never the fault of the victim. You may be unsure of how to proceed, and that’s okay. First, consider taking the following actions:

1. If you are in a safe place, call someone you trust to be with you. If you are not safe, call someone you trust to come and get you.

2. Do self-collection of evidence. Put all of the clothes you were wear-ing, bed sheets, and so on in a paper bag. If you have any injuries, take pictures. If there is semen present, collect what you can and put it in the paper bag.

3. Call a Pathways Advocate internationally toll free, 24 hours a day, 7 days a week. They can help you through the ordeal, honoring your decisions. (See Resources for contact information)

The information in this guide has been gathered from public sources, is for informational purposes only, and is not vetted, endorsed or guaranteed by Pathways to Safety International. Pathways to Safety International is not rendering legal advice by making this guide available, is not a law enforcement agency, and does not engage in law enforcement activity. If you have any legal questions or concerns, you should consult a qualified legal or other professional that can consider the particulars of your specific case. Pathways to Safety International reserves the right to change or make corrections to this guide at any time, and will not be liable for any errors, inaccuracy or omissions contained herein.

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RESOURCESPATHWAYS TO SAFETY INTERNATIONALCrisis Line: There is currently no AT&T country access code for Cuba. To contact our crisis center, please set up a collect call by dialing 000-1 and then enter our phone number: 833-SAFE-833 (833-723-3833)

Crisis Email: Connect with a Pathways Advocate via email at crisis@pathwaystosafety.org. All crisis emails will be responded to within 24 hours. *For immediate help, please call our crisis line.

Live Chat: Pathways online chat service is available 24/7 on our website at pathwaystosafety.org/get-help-now/

U.S. EMBASSYU.S. Embassy in HavanaCalzada between L & M Streets, VedadoTel: (53)(7) 839-4100Emergency After-Hours Tel: +(53)(7) 839-4100 and dial 1 to speak with the emergency operatorEmail: acshavana@state.gov

HOSPITALSClínica Central Cira Garcia HospitalHospital for Foreign Residents of HavanaAve. Lazaro e/ 18 y 20, Pya, La, CárdenasTel: +53 7 2042811Website: http://www.cirag.cu/en/

ANTI-VIOLENCE ORGANIZATIONSFederation of Cuban Women(Federación de Mujeres Cubanas)Network of shelters for domestic violence survivorsCalle Paseo No. 260 e/ 11 y 13, Vedado 1400, Plaza, Ciudad HabanaTel: (537) 838-2763 or 838-2772Email: fmc@enet.cu

National Center for Sexual Education(Centro Nacional de Educación Sexual)Advocates for AIDS Prevention/ LGBTQ Community/ and Safe SexCalle 10 No. 460 esq. 21, Vedado,Tel: (537) 838-2528 al 29Website: http://www.cenesex.org/construccion/

LOCAL POLICEDial 106

KNOW BEFORE YOU GO: CUBA

REFERENCES

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1 Department of Justice, Office of Justice Programs, Bureau of Justice Statistics, National Crime Victimization Survey, 2010-2014 (2015).2 West Virginia University. “Tips for Prevention.” WELLWU. April 6, 2017. Accessed: November 21, 2017. https://well.wvu.edu/resources/sexual-assault/tips-for-prevention.3 U.S. Department of Women’s Health. ‘“Date rape drugs.” April 28, 2017. Accessed: November 21, 2017. https://www.womenshealth.gov/a-z-topics/date-rape-drugs4 “Drinking Age in Cuba.” www.drinkingmap.com/drinking-age-in-cuba.html. Accessed 09 December 2017.5 Maldonado, Michelle. “Religion shapes Cuba despite Castro’s influence,” The Conversation, 01 December 2016, http://theconversation.com/religion-shapes-cuba-d

espite-castros-influence-69701. Accessed 09 December 2017.6 “Cuba-Judicial System.” Nations Encyclopedia, www.nationsencyclopedia.com/Americas/Cuba-JUDICIAL-SYSTEM.html. Accessed 10 December 2017.7 “Cuba’s Legal Composite: A Blend of the Familiar and the Foreign,” Bench & Bar, 11 January 2012,www.mnbenchbar.com/2012/01/cubas-legal-composite/theory . Ac-

cessed 10 December 2017.8 Knight W. Franklin, “Cuba-Cultural Life”, Encyclopedia Britannica, https://www.britannica.com/place/Cuba/Cultural-life. Accessed 09 December 20179 “Cuban Culture”, donQuijote, http://www.donquijote.org/culture/cuba/. Accessed 10 December 2017.10 Keiko Rose, “Gender Equality in Cuba: Constitutional Promises vs. Reality,” law School International Immersion Program Papers, 11 November 2015. http://chicagoun-

bound.uchicago.edu/cgi/viewcontent.cgi? Accessed 10 December 201711 Wadley, Nicole. “The Truth About Gender Equality in Cuba,” Berkley Center for Religion, Peace & World Affairs, 01 October 2015, https://berkleycenter.georgetown.edu/

posts/the-truth-about-gender-equality-in-cuba. Accessed 10 December.12 “Gender Equality and the Role of women in Cuban Society,” February 2011,https://www.aauw/org/files/2013/01Cuba=whitepaper.pdf . Accessed 10 December.13 Law No. 62 Article 298.1 Penal Code National Assembly of People’s Power, http://www.warnathgroup.com/wp-content/uploads/2015/03/Cuba-Penal-Code-Law-

yers-Without-Borders-2009.pdf. Accessed 09 December.14 “Violence Info, Cuba,” World Health Organization, http://apps.who.int/violence-info/country/CU/. Accessed 09 December.15 U.S. Embassy in Cuba. “Medical Assistance.” CU.USEmbassy.Gov, cu.usembassy.gov/u-s-citizen-services/local-resources-of-u-s-citizens/doctors/. 16 Kirchick, James. “Fidel Castro’s Horrific Record on Gay Rights,” Daily Beast 27 November 2016. https://www.thedailybeast.com/fidel-castros-horrific-record-on-gay-

rights . Accessed 13 December 2017.17 Lavers K. Michael. “Cuba same-sex marriage campaign gains traction,” Washington Blade 07 June 2016, http://www.washingtonblade.com/2016/06/07/cuba-same-sex-

marriage-campaign-traction/. Accessed 13 December 2017.18 ”Cuba.” EC Status and Availability, International Consortium for Emergency Contraceptive, http://www.cecinfo.org/country-by-country-information/status-availabili-

ty-database/countries/cuba/, Accessed 13 December 201719 Montague, Ann. “Cuba Expands Women’s Reproductive Rights,” Socialist Action 13 December 2014, https://socialistaction.org/2014/12/13/cuba-expands-womens-re-

productive-rights/. Accessed 13 December 2017

KNOW BEFORE YOU GO: CUBA