Guidance

Republic of Congo: information for victims of rape and sexual assault

Updated 27 December 2023

This information is provided to help British nationals overseas make informed decisions about whether and how to:

• seek medical advice and attention

• report to local police

• engage with foreign legal authorities following a rape or other form of sexual assault overseas

If you’ve been sexually assaulted it’s important to remember that it was not your fault. Rape and sexual assault is always wrong – no matter who commits it or where it happens. It is traumatic and it can affect you both physically and emotionally. Do not be afraid to get help.

For information on support available in the UK, see Rape and Sexual Assault: Returning to the UK.

1. First steps

It is your choice about what you do next, but this information may help you in coming to a decision. The most important thing is to make sure that you are as safe as you can be. You can:

• contact the police on 117 (free line). For a crime to be investigated, you need to report it to the local police before you leave the country

• contact your tour operator if you are travelling with one and ask them for assistance. Where possible, and if you wish, the tour operator may accompany you to the police station as well as local hospital.

• contact the British Embassy in Kinshasa on +243 81 556 6200 / +44 1908 51 6666. Embassy staff will be empathetic, and non-judgmental, and can provide information on local police and medical procedures. Anything you tell them will be treated in the strictest confidence. They can contact your family or friends for you if you wish.

2. If you want to report the incident to the police in Republic of Congo

You will need to report the crime while you are in the Republic of Congo for the police to investigate the case.

If you choose to report the crime, try to do so as soon as possible, so forensic evidence can be retained. Washing yourself or your clothes may make it difficult for the police to obtain forensic evidence.

If you change your clothes, think about taking those you were wearing to the police. You may wish to preserve evidence by retaining items such as condoms, toothbrushes, or social media messages.

If you have a tour operator, they should be able to arrange for someone to support you. If you are in Brazzaville, we will try to send a consular officer to support you, where timing and location allow. You will always be able to speak to trained consular staff on the telephone 24/7.

If you approach the police directly, you can also ask them to inform the British Embassy in Kinshasa on +243 81 556 6200 or +44 1908 51 6666 and they can offer you consular support.

You should:

• tell the police if you think you have been drugged

• insist you get a police report, and request a translation in English if applicable.

3. What to expect if you report the incident to the police:

Every police station will have both male and female officers. If you would prefer to make your statement to a female officer, then you can ask to do so, though this might not be possible. The investigation itself may be carried out by a male or female person.

It is highly unlikely that police officers will be able to speak English. However, you can ask for the services of an interpreter if you cannot speak the local languages. To ask for interpreter please say: “Je voudrais un interprète s’il vous plait?”

Republic of Congo : List of Translators and Interpreters

Preliminary investigations are conducted by the police or gendarmerie. Police officers and gendarmes share the same code of ethics and carry out the same missions but in different areas of competence. The police zone is essentially urban. The gendarmerie zone is mostly suburban in medium-sized towns or more rural areas. When this investigation is completed, the entire file is transmitted to the public prosecutor’s office, which is composed of judges. The public prosecutor’s office will then decide whether the case is substantial enough to prosecute or whether it should be closed.

It is likely that the police will collect as much evidence as possible from you, to help the case. It is likely that they will collect DNA evidence and examine your clothes. In addition, they will ask you to describe:

• the perpetrator

• the crime scene

• the details of the assault.

You will not need to surrender your passport during the investigation.

Consider appointing a local lawyer to accompany you when you provide your statement to the police. See our list of English-speaking lawyers in Republic of Congo who may be able to help you. You will need cover all legal costs.

There are no legal risks in reporting a Rape or Sexual assault to the local police. You will be protected by the police throughout the Republic of Congo.

Extramarital relations are punishable by law. There is a distinction as to whether the offence was committed by a man or a woman.

A woman convicted of adultery shall be punished by imprisonment for at least three months and at most two years. While a man who has maintained a concubine in the marital home, and who has been convicted on the complaint of the wife, shall be punished by a fine of between one hundred and two thousand francs.

There is no legal basis that punishes homosexuality. However, in practice, it is socially unacceptable.

4. If you do not want to report the incident to the police in Republic of Congo

There is no British Embassy in the Republic of Congo, however the British Embassy in Kinshasa can still help you. This includes helping you to contact your insurance company, your family, making arrangements to travel back to the UK and/or provide you with information on local support in the UK. They can provide you with lists of:

• English-speaking medical facilities in Republic of Congo

• English- speaking Lawyers in Republic of Congo

• Translators and interpreters in Republic of Congo

It is your choice on whether to report the crime. If you do not report it, however, your case may not be investigated.

You do not need to report the crime to police in order to receive medical attention.

5. If you want to report the incident to the police in the UK

The support available to you, and your access to justice may vary according to where you report the crime. In the Republic of Congo, you need to report the crime to Congolese police before you leave the country, for police to obtain important evidence.

If you do not report the crime in the Republic of Congo where it happened and you return to the UK, the rape and sexual assault will not be investigated.

If you are a British national and you need help to report the crime, you can contact the British Embassy in Kinshasa on +243 81 556 6200 or +44 1908 51 6666.

In order for an investigation into your case to take place, you must first file a complaint with the police or Gandarmerie. If the assault took place in public and has been broadcast on social media, then the public prosecutor may start its own investigation. However, the best way to trigger an investigation is for you to make the initial complaint.

You can report the crime to the UK police even if you are not seeking an investigation abroad. The UK police can offer you access to victim support in the UK. They may still send some details of the crime to the Congolese Police, where it happened. This might be necessary in order to protect vulnerable people, or to stop more crimes being committed.

6. Reporting the crime in Republic of Congo - what happens next

Sexual assault and rape are both crimes in Republic of Congo.

If you decide to report your case to the Congolese authorities, you will need to make a statement about the incident and provide a description of the attacker. You will need to provide as much information as possible to the investigators to enable them to determine the circumstances of the time and place of the offence.

If you are able to identify your attacker(s), you will be asked to name them.

If this is not the case, i.e. if you do not know the perpetrator, you will be asked to give as precise a description as possible of the individual in order to facilitate the investigation.

The police may keep your belongings, such as clothes, or electronic equipment, if they need them for forensic examination. These might be kept sealed and used for the trial and court proceedings. If you decide to employ a lawyer, they can be the custodian of those items. If you don’t employ a lawyer, you can be custodian.

The police will refer you to a health centre for any treatment required and to request a medical certificate that shows any impact from the assault. This is to help strengthen your case.

The Congolese police will not automatically inform the UK police of the crime committed against you. You can request this through the British Embassy team by calling +243 81 556 6200 or +44 1908 51 6666.

7. The medical examination – what to expect

It is likely the police or gendarmerie will refer you to one of the university hospitals (C.H.U.) for your initial examination, though you can go elsewhere if you would prefer. A doctor will be asked by police to assess you and record any injuries or illnesses on a certificate which must be presented back to the police as part of the complaint filing process.

The police will then refer you to another hospital for a medical examination to confirm the first medical certificate. Photographs may be taken for the purposes of the investigation. Medical staff will assess you for external injuries, DNA and sexually transmitted diseases. They may also do a pregnancy test. Hospitals will automatically report the results of any examination to police. This is to help aid the investigation.

It is possible that, if notified in advance, our Honorary Consul in Brazzaville will be able to accompany you to the hospital. Local tour operators can assist in advising you on which hospital to go to or on the location of a local pharmacy.

8. Medical Treatment

Medical staff can advise on HIV PEP (Post-exposure prophylaxis) medication. PEP is available in pharmacies or hospitals and it is a prescribed medicine. Doctors are entitled to give advice on PEPs.

During the examination, you will have a blood sample taken for an HIV test. This test will need to be taken again 3 months later as this is the time after which the virus will present itself if you were exposed to it during the rape or assault. You can do this follow up test in the UK if you would prefer.

HIV PEP medication needs to be taken within 72 hours of the incident for it to be effective. The NHS may be able to commence or continue the 28 day treatment on return to the UK.

There is no specific system of care for victims of Rape and Sexual Assault. You will need to pay for emergency contraception and medical treatment in the Republic of Congo. Check your travel insurance policy to see if it covers medical costs. Alternatively, you can pay for your treatment using cash. It is possible that, if found guilty, the perpetrator can be ordered to reimburse you for the medical costs incurred.

Emergency contraception needs to be taken within 72 hours of the incident for it to be effective.

If you have had medication administered, you should keep the label or make a note of the name of the medication, so that you let your local health provider know when you return home.

9. Police investigations in Republic of Congo – what to expect

The police or gendarmerie may take you to the scene of the crime, or they may ask you to identify the suspect in an identity parade at a police station. In this case, all measures are taken to ensure that you remain completely safe.

You will be expected to go in front of the prosecutor to make a statement too. Your lawyer cannot do this for you, but can assist you.

If the public prosecutor decides there is enough evidence to support the case, the prosecutor will request that the suspect be presented before an investigating judge.

The investigating judge will be responsible for investigating both sides of the case, ie the prosecution and the defence.

You may be asked to appear before the investigating judge, who will hear your version of events. It is possible that they will ask to see you and the suspect together or ask you both to go to the scene of the crime to reconstruct the event, though this is not likely.

You can leave the country at any time during the proceedings. However, there is a much higher chance of the suspect being convicted if you are present to tell your side of the story and assert your rights.

There is only one situation in which you could be kept in the country, which is if criminal court proceedings are brought against you.

10. Court procedures – what to expect

In the Republic of Congo, you may be asked to give evidence at court.

You must take an oath before giving evidence. You must testify from the Republic of Congo. It is not possible to do it from the United Kingdom.

You should be kept informed of progress in the proceedings and have access, through a lawyer, to the files. You may be assisted or represented by a lawyer at the hearing.

You may be summoned during the hearing to repeat your statement or make a new one if required by the investigating judge.

You can withdraw your complaint at any time and will not be prosecuted for doing so. However, this will not, in principle, lead to a discontinuation of proceedings. It is only the public prosecutor and not the victim of the offence who decides whether to prosecute.

You may be asked to claim compensation for any losses or injuries you have sustained. This sum of your claim will be submitted to the judge who will rule on this request at the same time as s/he makes a judgement.

The judge cannot order an amount beyond the sum requested by the victim. S/he may, however, decide on a lower amount.

In certain circumstances, an alleged assailant can press counter charges for damage suffered. This time window for counter charges is limited to a period of 3 months.

11. Trial procedures

In cases of sexual assault or rape, the Criminal Court tries the defendants.

Victims are notified by their lawyer of the existence of a criminal session (in theory there should be 4 sessions per year, but actually there is a criminal session every 6 months). A trial is scheduled during one these sessions

The trial will be conducted in French but you can request an interpreter (who will have to swear an oath in court) if required.

12. Hiring a lawyer

A private lawyer’s role is to advise and inform you about the court procedure. The lawyer assists the victim throughout the procedure, starting with the police investigation. You can find a list of:

• English-speaking lawyers based in Republic of Congo

• Translators and interpreters in Republic of Congo

Any lawyer sitting in civil matters is entitled to defend a client who is a victim of rape or sexual harassment. There is no such thing as a speciality in the law in the Republic of Congo.

You should keep in touch with your lawyer, if you have chosen to get one. Intervention and communication with the police ends once the case is referred to the public prosecutor.

The procedure is the same whether or not you are resident on Congolese territory. You will be required to give a local address to the courts. If you are not resident in Republic of Congo, you can give your lawyer’s address.

If you do not want to appoint a lawyer, at the police investigation stage, you will be kept informed of the progress of the case by the police services; more specifically by the investigator.

As soon as the public prosecutor takes over the case, you can contact the public prosecutor and the investigating judge to get an update on the proceedings.

13. Legal aid

The legal aid system exists in the Republic of Congo but is not functional due to lack of resources. Some lawyers offer pro bono services, but this choice is left to their own discretion. Discuss with your lawyer whether they will charge for services before your case goes to court.

14. Sentencing

Sexual assaults are qualified in criminal law in the Republic of Congo as indecent assault. With regard to rape, the offence is rape. These two offences are offences against morality provided for in Section IV of the Penal Code.

There are two punishments for these offences: imprisonment and a forced sentence. Imprisonment is a sentence of at least 5 years and not more than 10 years. Forced imprisonment is a sentence of not less than 5 and not more than 30 years.

The Penal Code in force in the Republic of Congo provides for the punishment of rape in Article 331, which states:

“Any indecent assault, committed or attempted without violence on the person of a child of either sex, under the age of thirteen, shall be punished by imprisonment. The same penalty shall apply to indecent assault committed by any ascendant on the person of a minor of the same age “over thirteen years of age, even if not emancipated by the manager. Without prejudice to the more serious penalties “provided for in the preceding paragraphs or in articles 332 and 333 of this Code, anyone who commits an indecent or unnatural act with a person of his own sex who is “under the age of twenty-one years” shall be punished by imprisonment for a period of between six months and three years and a fine of between 4,000 francs and 1,000,000 francs.

Article 331 provides that:

“Anyone who commits the crime of rape shall be punished by hard labour for a period of time. If the crime “has been committed against a child under the age of thirteen years, the guilty party “shall be subject to the maximum penalty of hard labour for a period of time. Anyone who commits an indecent assault, committed or attempted, with violence, against individuals of either sex, shall be “punished by imprisonment. If the crime has been committed against a child under the age of thirteen years, the guilty party shall be sentenced to hard labour for a period of time.”

If the perpetrator is found not guilty, he or she is released. He or she is left with the choice of bringing the case in turn before the civil or criminal courts to be compensated for the damage suffered as a result of the proceedings against him or her.

15. Compensation

The Congolese constitution allows the victim to ask for damages to be awarded for the harm he or she has suffered. Courts can order the offender to pay compensation for injuries or losses caused to you after they have been convicted both as a criminal court and as result of civil action. You can register as a civil party during the proceedings if you so wish.

There is no state-funded compensation scheme to cover physical or psychological injuries suffered as a result of a rape and sexual assault crime.

Victims of Rape and Sexual Assault are often redirected to NGOs or associations that have been widely sensitised on the subject.

16. When you return home to the UK

You may want to let your GP or a Sexual Assault Referral Centre (SARC) know what has happened to you so that you can talk about the experience and seek further support and advice where you live

England	NHS Choices website, or search the internet for ‘NHS SARC’	Rape and sexual assault referral centres
Scotland	Archway Glasgow phone 0141 211 8175
Wales	New Pathways - Sexual Assault Referral Centre (SARC) phone 01685 379 310	Ynys Saff Sexual Assault Referral Centre - Cardiff and Vale University Health Board
Northern Ireland	The Rowan - Sexual Assault Referral Centre, phone 0800 389 4424

If you believe you may be at risk of having contracted a sexually transmitted infection (STI), you should ask your local health provider to test you. You should do this even if you have been tested in the country that the assault took place in.

It is your choice to let people know. If you are ready to talk about it, these organisations may be able to help you.

17. Support organisations in Republic of Congo

17.1 Association Congolaise pour le Bien-être Familiale (ACBEF)

ACBEF is locally-led, delivering sexual and reproductive healthcare and fighting for sexual and reproductive rights.

17.2 Association des Femmes Juristes du Congo (AFJC)

AFJC

Address: 1, rue Mbangala, Moungali, Brazzaville.

Disclaimer: This information has been prepared by HMG officials who are not legally or medically trained. It should therefore never be used as a substitute for professional medical or legal advice. It is intended to help British nationals overseas make their own informed decisions. Neither HMG nor any official of the Consulate accept liability for any loss or damage which you might suffer as a result of relying on the information supplied.

Medical information has been provided by The Havens Sexual Assault Referral Centres of Kings College Hospital NHS Foundation Trust and was accurate at the time of production (02/02/2022).