Guidance

Information for victims of rape and sexual assault in Eswatini

Published 3 March 2023

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 national emergency number help line number on 999 or SMS 8500
• contact your tour operator if you are travelling with one
• contact consular staff at the British High Commission in South Africa on +27 12 421 7500. We will be empathetic, and non-judgmental, and can provide information on local police and medical procedures. Anything you tell us will be treated in the strictest confidence. We can contact your family or friends for you if you wish

If you want to report the incident to the police in Eswatini

If you have a tour operator, they should be able to arrange for someone to support you.

You can contact the British High Commission in South Africa for assistance by telephone 24/7 on +27 12 421 7500. Consular staff will assist over the phone initially and may visit you, depending on your circumstances and location.

You can approach the police directly, either by calling the emergency helpline number 999, or by visiting the nearest police station. If you are unable to call us directly, you can ask the police to inform the British High Commission in South Africa on +27 12 421 7500.

If you can, you should try to report the assault at a One-Stop Centre. There are 2 One-Stop Centres, based at the government hospitals in Mbabane and Manzini. One-Stop Centres give victims of rape police, medical and psychosocial support, and they are staffed by experienced professionals, including female police officers.

There are no risks of reporting rape and sexual assault case to local police. Extramarital sex is not a criminal offence in Eswatini. Same-sex sexual activity is prohibited under the common law, but you will not be prosecuted if you report same-sex rape.

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, take those you were wearing to the police. You may wish to preserve evidence by retaining items such as condoms, toothbrushes, or texts.

At the police station

All police stations have specialised units that handle sexual offences. These units will normally have trained male and female staff. The majority of police officers are male, but you may be able to speak to a female officer if you ask for one. All police officers in Eswatini speak English but it may not be their first language.

Tell the police if you think you have been drugged. Taking recreational drugs is illegal in Eswatini. If you admit to taking drugs when you report the assault, you may be subject to a police investigation.

You should ensure you get a police report with a police reference number and the police officer’s contact details so you can follow-up, if necessary.

You will be asked to make a statement recounting the assault and any information that will help to identify the suspect. The police may keep clothes and electronic equipment such as mobile phones, if they are deemed to be relevant to the investigation.

If you report the crime at a One-Stop Centre, you will have access to forensic examination, medical treatment, emergency contraception and psychological support. You will also be able to give a statement to the police. If you file a report at the police station, the specialised gender-based violence unit should take you to the local hospital for a forensic examination and medical treatment. However, you may need to arrange your own transport.

Eswatini police will not inform UK police. The UK police will not be asked to undertake police checks on you.

You will be asked for a detailed account of the assault. You might be referred for counselling. The British High Commission in South Africa can offer you information about seeking medical help and provide website links to victim support groups. We can also contact your friends or family if you wish.

Rape and sexual assault are a crime in Eswatini. The government of Eswatini will press charges against the perpetrator if there is sufficient evidence available. You do not need to hire a lawyer.

After making a statement

When you report the assault to the police, they will enter the incident onto a register of crimes and contraventions. Police will allocate an investigation number and give you a copy of the police report.

If a suspect is brought to the police station, you will be asked to make an identification. Formal identity parades must be conducted in person and not all police stations have two-way glass. Identity parades can be traumatising for you. Eswatini police will explain what to expect before the identity parade. Counselling may be available before and after the identity parade.

Once police make an arrest, the suspect must be brought to a court of law within 48 hours. After that, either the trial date is set, the accused is held in custody, or released on bail pending setting of trial date.

You can leave Eswatini once you have given the evidence to the investigating officer and made a statement.

If you do not want to report the incident to the police in Eswatini

It is your choice on whether to report the crime. If you do not want to report it to the police, you can still access medical attention at the hospital or One-Stop Centre. However, if the medical officer determines that a sexual offence has been committed, they may report it under the Sexual Offence and Domestic Abuse Violence (SODAV) act.

If you do not wish to report the crime, the British High Commission in South Africa will still be able to help you. This includes helping you:

to contact your insurance company, your family

• making arrangements to travel back to the UK
• providing you with information on local support in the UK
• providing you with lists of English-speaking medical facilities and lawyers

If you are travelling with a tour operator, you can report the incident to them and ask for assistance. If you wish, the tour operator may accompany you to the local hospital. If you wish, and depending on your location and timing, a member of consular staff may be able to accompany you.

You will not be asked to surrender your passport.

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 Eswatini, you need to report the crime before you leave the country if you want it to be investigated, and to ensure that police obtain important evidence for criminal investigation.

If you are a British national and you need help to report the crime, you can contact the British High Commission in South Africa, or the Foreign, Commonwealth & Development Office in London.

If you do not report the crime in the country where it happened and you return to the UK, you can still report the crime to your local UK police. However, it is for Eswatini police forces to decide whether to investigate the crime. UK police forces cannot investigate crimes committed overseas. Eswatini police forces can decide to request assistance from the UK police, but this cannot be guaranteed and is a very lengthy process. It can therefore be very difficult to guarantee that any justice can be accessed without reporting the crime locally.

The UK police can offer you access to Victim Support in the UK. They may still send some information to the police in Eswatini where it happened. This might be necessary in order to protect vulnerable people, or to stop more crimes being committed.

See Rape and Sexual Assault: Returning to the UK after rape or sexual assault abroad for more information.

The medical examination: what to expect

This information was provided by the One-Stop Centres in Mbabane and Manzini.

Hospitals and medical centres have an obligation to report the results of any examination to the police as per the Sexual Offence and Domestic Abuse Violence (SODAV) act. This means that even if you do not want to report the crime, your doctor might insist on reporting it on your behalf.

A medical practitioner based in the gynaecology department of the hospital will carry out the examination. A female member of the medical staff will be present during the examination. They will check for injuries and perform tests for common sexually transmitted infections, HIV and pregnancy. If you have reported the crime and wish to press charges, they will also take swabs for forensic evidence.

DNA tests are part of the medical examination. However, DNA tests are analysed in South Africa and it can take many months for the results to be available. You may request and pay for a private DNA test, which is faster, and it is admissible evidence in court. We encourage you to speak with the police about this.

The One-Stop Centres told us they do not normally take photographs during examinations. If they decide they need to for evidential purposes, they will discuss this with you.

Treatment

HIV infection rates in Eswatini are high. Medical staff at the government hospital can give advice on HIV PEP medication (‘Post-Exposure Prophylaxis’ a treatment that can prevent HIV infection).

You need a prescription to access HIV PEP in Eswatini. If you report the assault, you can get PEP for free at a government hospital or a One-Stop centre. If you do not wish to report the assault, a private medical practitioner can prescribe it for you.

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

You can get emergency contraception free of charge at a government hospital or One-Stop Centre. If you do not report the assault, you can get emergency contraception from a local pharmacy for a small fee.

Emergency contraception needs to be taken within 72 hours 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 can let your local health provider know when you return home.

Court procedures: what to expect

Before the trial, you will be asked to make a statement in front of the public prosecutor. Lawyers cannot make statements or attend the interview on your behalf. They do not have access to your case notes.

If the case goes to trial, you may be called to testify at any stage of the trial. You may be able to give evidence or testify remotely over a video. You may also be asked to give an additional statement if there is a need for further clarification of your evidence.

If you are in Eswatini, the prosecutor and the investigating officer should update you on the progress of the case. If you return to the UK, you might benefit from hiring a lawyer in Eswatini who will be able to follow-up on the progress of the case and update you accordingly.

Rape and sexual assault are considered a crime against the state, and the Eswatini government will automatically seek to prosecute. However, you are allowed to drop charges or withdraw the case. You will not be charged for withdrawing the case. Note that the Eswatini government will not proceed with the prosecution without key witness. You will probably be encouraged not to withdraw the case by the prosecutor and investigating officer, but it is your choice if you wish to do so. In cases involving children, rape and sexual assault charges cannot be withdrawn.

After the offender is convicted in a criminal court, they may be ordered to pay compensation to the survivor for any injuries or losses.

The accused has the right to appeal up to 3 times.

Trial procedures

Rape and sexual assault are a crime against the state and the Eswatini government will press charges. The investigative/ police officer will present all the evidence to the prosecutor. Then the prosecutor will decide if there is enough evidence for the case to be ready for trial.

The trial is conducted in English and interpreted in siSwati. If there is a need for interpretation in a different language, the court will provide one. You will be notified 7 days before the trial takes place.

You don’t have to be present at every court session. After you testify, you may come to follow the proceedings if you want to, but you don’t have to. If you are in the UK when the trial takes place, you don’t have to travel to Eswatini. However, should you need to return to Eswatini to testify the government will be responsible for your safety.

The police in Eswatini have told us they may cover expenses for travel and accommodation for witnesses. You should speak to the prosecutor or investigating officer about travel arrangements.

You may also testify from the UK remotely over a video. Giving evidence at a trial can be traumatising, and Eswatini social workers may contact UK Social workers to support you during this process. The prosecutor may need to know your local (UK) address, in order to arrange a local social worker support while testifying.

Rape and sexual assault cases can take from one to five years to come to trial. There may be a lengthy wait for court proceedings due to a wide range of factors such as the availability of the different parties, the readiness of the defence and court space.

Hiring a lawyer

There are no lawyers who exclusively specialise in rape and sexual assault cases. However, you can find a lawyer using our online service.

Communication

The police in Eswatini have told us that they will communicate with you at the initial or reporting stage until the end of the trial stage.

While there are no lawyers in Eswatini who exclusively specialise in rape and sexual assault cases, you can hire one from our list of lawyers in Eswatini](https://find-a-professional-service-abroad.service.csd.fcdo.gov.uk/results?country=eswatini&serviceType=lawyers) to provide you trial updates.

Legal aid

Legal Aid is not available in Eswatini.

Sentencing

For a rape and sexual assault case, Judges may pass down the maximum sentence of imprisonment for a period 30 years.

Compensation

If the offender is found guilty in a criminal court or because of civil action, they will be ordered to pay compensation to the survivor for any injuries or losses.

There is not a state-funded compensation scheme to cover physical or psychological injuries suffered as a result of a sexual or violent crime.

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.

Region	Organisation
England	NHS Choices website, or search the internet for ‘NHS SARC’
Scotland	Archway SARC: phone 0141 211 8175
Wales	New Pathways SARC: phone 01685 379 310; Ynys Saff Sexual Assault Referral Centre (SARC) - Cardiff and Vale University Health Board
Northern Ireland	Rowan SARC Northern Ireland: 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 in which the assault took place.

Support organisations in Eswatini

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

One Stop Centre Mbabane

Address: Mbabane Government Hospital, Mbabane

Emergency line: 999

Telephone number: +268 2404 9980, +268 2404 6064

Work hours: 08h00 to 17h00

One Stop Centre Manzini

Address: Mankayane Government Hospital, Manzini

Emergency line: 999

Telephone number: +268 2404 9980, +268 2404 6064

Work Hours: 08h00 to 17h00

Emergency line 999 available 24/7 for victims of sexual and gender-based violence. Victims will receive psychological and legal support as well as medical/forensic examination.

Eswatini Action Group against Abuse (SWAGAA)

Address: Lot 126 Esser St, Manzini

Toll free line: 951

Free SMS: 8500

Telephone: +268 2505 2899, +268 2545 7514

Email: communications@swagaa.org.sz

They offer free counselling and court preparation for victims of sexual violence.

Survivor Eswatini Support Group

WhatsApp: +268 7619 8557 (support group)

Working hours: Saturdays only 12h00 - 13h00

Email: survivor.eswatinisg@gmail.com

They offer free counselling services to victims of sexual violence. They have a WhatsApp support group that you can join.

Phumelela Project

Mental health support and empowerment

Address: Manzini Heights Building, Du Toit Street, Manzini

Telephone: +268 2505 2407

Mobile number: +268 7863 8633

Email: katphumelela@hotmail.com

Working hours: 08h30 to 16h30

They offer free counselling and court preparation for victims of sexual violence.

Women and Law Southern Africa (WLSA) Eswatini

Address: 142 Esser Street, Mandlenkosi Building, Manzini

Telephone: +268 2505 6343, +268 7808 5252

Email: wlsaswaziland@gmail.com

They offer free service such as legal advice and counselling for victims of sexual violence.

Disclaimer

This information has been prepared by UK government 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 UK government nor any official of the High Commission accepts liability for any loss or damage, which you might suffer as a result of relying on the information supplied.