Guidance

Information for British nationals who are survivors of rape and sexual assault in Equatorial Guinea

Updated 29 November 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 have been sexually assaulted it is 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:

• call the police on +240 666-303030 or if you can’t get through, call +240 666-404040. 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 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 Government Consular Services on +44 207 008 3355 (24/7). If you do, the 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 Equatorial Guinea

You will need to report the assault while you are in Equatorial Guinea for the police to investigate the case. If you do not report the crime in Equatorial Guinea, it will not be investigated.

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 texts.

If you have a tour operator, they should be able to arrange for someone to support you. There is no British Consulate in Equatorial Guinea but the Honorary Consul in Malabo may be able to accompany you, subject to location and availability. You can access the Honorary Consul by calling +237 650 46 06 52 (between 8am and 4pm) or +44 20 7136 6857 (24/7) and asking for support.

If you approach the police directly, you can also ask them to inform British Consulate on +44 20 7136 6857 (24/7) and they can offer you consular support.

Do not forget to:

• 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

On arrival at the police station, you will be made aware of your rights. You should be given:

• a list of doctors and clinics in case you need psychological support
• a list of lawyers for legal and administrative representation, if desired
• a telephone to call your family or your diplomatic or consular representation

All police precincts have male and female officers. If you would prefer to talk to a man or woman, you can ask to do so. Most precincts will have an English-speaking officer. However, if there are only Spanish-speaking officers at the police station, you can request an interpreter.

The police will lead the investigation. They will collect DNA evidence and may examine your clothes. In addition, they will ask you to describe:

• the perpetrator
• the crime scene
• the details of the assault, including whether there were any witnesses who might be able to help with the case

It is likely that the police will first ask you to go to hospital or a medical clinic to be examined. This is because rape and sexual assault cases require a certificate from a forensic doctor that details any physical harm inflicted. If you are under twelve years of age, you must also present a document proving your age to the police. This is because the case is handled differently for children. If you feel it is important for your case to note that you have a history of mental illness, you will also need to present a certificate issued by a psychiatrist.

You will be asked to leave a copy of your passport at the police station. In exceptional circumstances, they may ask you to surrender your passport to the police but this is unlikely.

Equatorial Guinea’s penal code defines rape as “lying with a woman in the following cases:

a) When force or intimidation is used b) When the woman is deprived of reason or sense for any reason

It is unclear how rape or sexual assault of a male would be handled, but this should not dissuade you from reporting it if applicable.

Homosexuality is not legally regulated in Equatorial Guinea, nor is it explicitly prohibited, so reporting a same-sex sexual assault should not present any risk to you.

A lawyer will be assigned if you do not go to the police station with a lawyer. You have the right to a personal lawyer, but you will be expected to pay the fees.

4. If you do not want to report the incident to the police in Equatorial Guinea.

The UK Consular Services will still be able to help you. There is no consular office in Equatorial Guinea but consular support will be available from the Honorary Consul in Malabo, the consular team in Cameroon and by the 24/7 consular team in the UK. This support 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

If you are travelling with one, you can also report the incident to your tour operator and ask them for assistance. If you wish, the tour operator may accompany you to the local hospital.

It is your choice on whether to report the crime. If you don’t report it, your case will 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 Equatorial Guinea, you need to report the crime before you leave the country, if you want it to be investigated and police to obtain important evidence

If you are staying in Equatorial Guinea, where the crime took place, you should report it there. If you are a British national and you need help to report the crime, you can contact the British High Commission in Yaoundé and they will quickly send you the contact details of the Honorary Consulate in Malabo.

If you do not report the crime in the Equatorial Guinea and you return to the UK, you can still report the matter to your local UK police. The UK police should send the information you provide to Equatorial Guinea where the crime happened. However, it is for foreign police forces to decide whether to investigate a crime in their jurisdiction and it is unlikely they will take action.

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 police in the Equatorial Guinea. This might be necessary in order to protect vulnerable people, or to stop more crimes being committed

6. Reporting the crime in Equatorial Guinea - what happens next?

If you choose to report the crime to local authorities, 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.

You will be asked to give as much detail as possible to the police officers, to aid the investigation. The statement and description are only for investigation purposes. They may ask you to go with them to the crime scene to describe what happened.

In Malabo, Bata and other big towns, there are good health facilities. Therefore, the police will also send you to one of those hospitals for examination.

The local police will not automatically inform the UK police of the crime committed against you. There is no obligation for the local police to inform the United Kingdom. However, if you want it reported to the police then you can contact UK Consular Services on +44 20 7136 6857 (24/7) / +237 650 46 06 52 (only during working hours) to ask them to report on your behalf.

7. The medical examination – what to expect

All hospital and medical centres are trained to treat victims of rape and sexual assault. All medical facilities will automatically report the results of their examinations to the police. This is to aid the investigation and is a necessary component to opening an investigation into the crime.

Medical staff carry out physical examinations. It is possible that they will take some pictures to help the police investigation. A female doctor will be present during the examination.

8. Treatment

Hospital medical staff will give advice on HIV PEP medication (Post-exposure prophylaxis’, a treatment that can prevent HIV infection). PEP is available in pharmacies or hospitals and it is a prescribed medicine

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

It is possible to get contraception at the hospital or pharmacy. A prescription is normally needed before you purchase the contraception, but it is also possible to request it without a prescription at the hospital.

You will have to pay for emergency contraception and medical treatment in Equatorial Guinea, but could later be reimbursed by the offender. In the meantime, check your travel insurance policy to see if it covers medical costs. Alternatively, you can pay for your treatment using cash.

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

If you have had medication administered overseas, 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 Equatorial Guinea – what to expect

For a case to go to court, you will first need to file a complaint with the police or file a criminal complaint with the Court of Instruction. You can get some legal advice on which would be best for your case if you would like. You can write in French, Spanish or Portuguese. If you write in English, a translator will be needed.

It is likely that you will be asked to accompany the police to the scene of the crime. They may also ask to identify the suspect in an identity parade or describe the place the assault occurred.

If the police make an arrest, they will start compiling information required by the investigating court and send it to the court in the form of a report. When the rape or sexual assault is classified as ‘blatant’, ie there are many witnesses or it is recorded on social media, the police will immediately place the offender at the disposition of the investigating judge. If the arrest occurs through your complaint, the police will bring the suspect to justice within 72 hours from the moment of arrest. After that, the investigating judge will take an investigative statement from you and the suspect.

You may leave the country at any time during the investigation, but there may be a risk that the process will be carried out in absentia, which has been known to damage victims’ chances of justice. It is advisable, therefore, to stay in the country until the sentence has been carried out.

10. Court procedures – what to expect

If a suspect is ordered to go to trial, you will be required to testify in court. You cannot testify from the UK, as this is seen to weaken the prosecution. The authorities in Equatorial Guinea will not assist with your travel and accommodation arrangements.

The trial will be in Spanish, but you have the right to hire an interpreter if required. This would be at your own cost. You have the right to keep informed at all stages of the court and trial proceedings. It is useful to hire a lawyer to represent you and ensure all actions comply with the law. If you decide not to get a private lawyer, the State provides them and free of charge.

If the case is referred to further investigations, you may be asked to give an additional statement.

It is not possible to drop charges once they are filed. The crime of rape or sexual assault is an automatic state prosecution. Therefore, there is no possibility of withdrawing the accusation or charges.

The courts can order the offender to pay compensation for any injuries or losses, either after they have been convicted in a criminal court or because of civil action.

The length of time it takes for a case to come to trial will vary, depending on the circumstances of the case. The length of Rape and Sexual Assault trials will also differ between cases. There may be a long gap between the end of a trial and final sentencing.

The alleged assailant has the right to press counter charges claiming false accusations.

11. Hiring a lawyer

A privately hired lawyer will assess the evidence and advise you on the chances of getting a conviction.

In Equatorial Guinea, there are law firms of lawyers who specialize in sexual crimes.

1. Law and Order Lawyers

Law and Order Lawyers
Waiso and Pola
Street: Africa S/N

Email: law-order.abogados@hotmail.com

Phone: 00240-222-253655

2. Legal Office Nsue Avoro and Associates

Legal Office Nsue Avoro and Associates
Parques de Africa Avenue

Email: nsueavoroantonio@yahoo.es

Phone: 00240-555-274082

12. Legal aid

You have the right to legal assistance. If you decide not to get a private lawyer, the State provides them and free of charge.

Free legal assistance covers the phase of the oral and public trial. Before the case reaches the courts, the lawyers may charge you a deposit. Discuss with your lawyer whether they will charge for services before your case goes to court.

13. Sentencing

There may be a long gap between the end of a trial and final sentencing. Minimum sentences apply for rape and sexual assault.

14. Compensation

The courts can order the offender to pay compensation for any injuries or losses, either after they have been convicted in a criminal court or because of civil action.

There is no state-funded compensation scheme to cover physical or psychological injuries suffered because of a sexual or violent crime. However, if the State is the civilly liable party of the alleged perpetrator then it might be considered.

15. 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.

16. Disclaimer

HMG officials who are not legally or medically trained have prepared this information. 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).