Guidance

Information for survivors of rape and sexual assault in Gabon

Updated 6 December 2023

If you have been sexually assaulted, it is important to remember that it was not your fault. Rape and sexual assault are 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.

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 emergency number on 177, or the main police station: landline +241 (0)11 76 90 48 or mobile +241 (0) 65 95 06 67
• contact your tour operator, if you are travelling with one. Where possible, and if you wish, the tour operator may accompany you to the police station as well as the local hospital
• contact the British High Commission in Yaoundé on+44 207 008 5000 (24H/7). British High Commission staff will be empathetic, and non-judgemental, 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.

If you wish to report the incident to the police in Gabon

Before you go to the police station

If you have a tour operator, they should be able to arrange for someone to support you. If you are in an area where there is a British embassy or consulate, they 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 nearest British High Commission in Yaoundé on +44 207 008 5000 for consular support.

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

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 at times. The investigation itself may be carried out by a male or female officer.

Tell the police if you think you have been drugged.

Ask for a police report and request a translation in English if applicable.

Some police officers may speak English, but generally most speak French. It is not usual to find an interpreter at the police station. However, you can request one. You should wait for the interpreter to accompany you before giving your statement.

You will be asked to give all possible evidence to help the investigation. The judicial police officer will lead the investigation in the first instance. They might ask to collect DNA evidence and may want to examine your clothes. In addition, they might ask you to describe:

• the perpetrator
• the crime scene
• the details of the assault

Consider appointing a local lawyer to accompany you when you provide your statement to the police. See our list of English-speaking lawyers.

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

The British High Commission in Yaoundé will be able to help you. This includes:

• helping you to contact your insurance company and/or your family

• accompanying you to the local hospital/medical facility, where possible

• providing you with lists of English-speaking medical facilities, lawyers and translators

• helping you with arrangements to travel back to the UK

• providing you with information on local support in the UK

You can also report the incident to your tour operator, if you are travelling with one. They may be able to help you, including accompanying you to the local hospital.

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

The medical examination – what to expect

Only public hospitals and some regional hospitals provide assistance and medical treatment to victims of rape and sexual assault. The forensic medical examination, to obtain possible evidence, will be carried out by a qualified doctor.

A female member of the medical staff will not necessarily be present. You can request one, but unfortunately there is a shortage of female medical staff so there may not be one available.

If you are being examined at the recommendation of the police (through a ‘requisition’), you should not need to pay for the examination.

The British High Commission can help you find the nearest hospital. If you would like a consular officer to accompany you, we will try to arrange this if time and location allow. It will most likely be our Honorary Consul, based in Libreville, who will accompany you. If you are travelling with a tour operator, their local representative may also be able to escort you.

It is likely the police will refer you to one of the public hospitals (for example: Libreville University Hospital +241 (0) 66 00 7955) 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 have a legal obligation to pass the results on to the police in theory but, in practice, that does not apply. You will most likely need to chase the hospital to have the result.

Treatment

You may be at risk of pregnancy or sexually transmitted infections (STIs). Emergency anti-HIV medication, called post-exposure prophylaxis (PEP), may prevent HIV infection. Most government hospitals can advise you on PEP medication, however, English is not widely spoken in government hospitals so you may want to consider hiring a translator or taking a friend/family member who speaks French with you.

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 when you return to the UK.

You can get emergency contraception in private pharmacies. It is not free, and a medical prescription is required.

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

You or your insurer will need to pay for all medical treatment and consultations. You can pay for it either by cash, or by mobile money.

More clinics are available to assist you:

• Clinique CHAMBRIER - +241 (0) 62 22 47 16
• Centre Hospitalier de Jeanne-Ebori pour mères et enfants - +241 (0) 66 25 22 20
• Clinique EL RAPHA - +241 (0) 66 24 59 89

If you have had medication administered overseas, you may wish to keep the label or make a note of the name of the medication, so that you can tell your local health provider the details of your medication when you return home.

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

The support available to you, and your access to justice may depend on where you report the crime.

In many countries, 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 Gabon and the crime took place there, you should report the crime there. If you are a British national and you need help to report the crime, you can contact the nearest British High Commission in Yaoundé, or the Foreign, Commonwealth & Development Office in London.

If you do not report the crime in Gabon 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 Gabon. However, foreign police forces decide whether to investigate a crime in their jurisdiction and they may not 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 Gabon. This might be necessary in order to protect vulnerable people, or to stop more crimes being committed.

Police investigations in Gabon – what to expect

The police may want to take you to the scene of the crime or where you believe the perpetrator to be located (if you have not given enough details about him or her), in order to try to identify and arrest them.

The police may ask you to identify a suspect who is taken to the police station; this will normally be done by putting the suspect in a group of plain-clothed police officers, and viewed through a tinted window.

Once arrested, the suspect will remain in custody for 48 hours, which can be extended on the authorisation of the public prosecutor. The public prosecutor of the district court of the region is responsible for the initial stage of all police investigations.

After the police and the public prosecutor have concluded their investigations, the public prosecutor will decide whether there is enough evidence to take the case to court.

The judge will decide whether the case can be dealt with quickly (with an immediate conviction); to place the suspect in prison pending further investigation; to release them on bail; or to release them without charge if they consider there is insufficient evidence to prosecute.

However, if the suspect is put in prison pending further investigation, the case will be referred to an investigating judge. This magistrate will then take over the case and may ask to interview you. You will need to attend in person, but your lawyer can be present if you wish.

Court procedures in Gabon – what to expect

You will be expected to testify in court – in principle at the beginning of the trial, when the judge will ask both parties to provide information regarding the circumstance of the offence. However, if you are not available to testify, your lawyer can represent you. All of this is done in French.

It is not compulsory to have a lawyer if you cannot afford one. In this event, you have a right to be kept informed of developments. However, we recommend appointing a lawyer – it can be very difficult for someone who is not familiar with the court to navigate all the information and procedural steps.

You are allowed to withdraw the charges during the court proceedings. However, this will not stop the ongoing criminal proceedings because under Gabonese law, only the public prosecutor is empowered to decide whether to initiate criminal proceedings and thus whether to pursue the complaint or to dismiss it.

You cannot be prosecuted for dropping charges, but would waive the right to compensation for the damage suffered.

The accused can make counter-accusations, claiming false accusations in their defence, but the court will ask them for proof.

In the event of a conviction for rape or other sexual assault, you may claim damages for the harm resulting from the offence.

Taking your case to trial

You should file a complaint directly with the public prosecutor or the police department. The complaint can be made in person or in the form of a French-language written report. This must be done within 10 years of the incident taking place. In the complaint, the following elements must be mentioned:

• the name, first name and address of the plaintiff
• the facts
• the date and place of the act
• the names and addresses of witnesses, if any
• the description of the objects
• medical certificates
• photocopies of bills or any other document deemed useful

Trial procedures

The competent authority will inform you by sending a formal summons to appear in court. In Gabon, trials are conducted in French.

You do not have to be present at every session of the court; your lawyer can represent you. However, it is important for your case that you are present at the trial where the case will be tried in order to be able to provide all the relevant facts about the case.

The Gabonese authorities will not help with travel and accommodation arrangements if you are attending the trial from abroad.

There is no set length of time for a case to go to trial, but it can take a couple of years. The law allows anyone condemned by the court to appeal against this decision.

Hiring a lawyer

A lawyer can assist, advise and represent you in court hearings.

During the investigation phase, you, through your lawyer, can file a civil suit asking for compensation.

During the trial phase you can, before the trial begins, request through your lawyer that the hearing be held behind closed doors.

There are no lawyers in Gabon who specialise in sexual offences. However, most Gabonese criminal lawyers will be able to assist and represent you in these circumstances. The British High Commission can provide you the list of lawyers.

Legal aid

You can access legal assistance in Gabon by applying to free consultation offices of any bar association. However, in order to qualify for these services, you must prove that you are financially destitute.

Discuss with your lawyer whether they will charge for services before your case goes to court. Some law firms accept to be paid at the end of the case.

In general, it’s better to have your own lawyer because public lawyers do not pay attention to cases with access to legal aid.

Communication

Communication with the victim depends on how the case was brought before the courts and which authority is holding the file.

If you filed a complaint at the police station or gendarmerie, it is up to the officer in charge of the case or the commissioner to inform you of the status of the case.

If the complaint has been lodged with the prosecutor or the investigation judge, they will inform you of the procedure.

If you live outside Gabon, the public prosecution can only be initiated by a request from the public prosecutor’s office of the place where the accused resides, or of his last known residence, or of the place where they have gone following a complaint from you (the victim). Therefore, you must have a local address, which can be that of your lawyer, acting as your representative.

Any victim residing outside the country cannot be updated without a lawyer in place.

Sentencing

Penalties are weighted in favour of punishment rather than rehabilitation.

In Gabonese law, rape is characterised as a crime against the person but also be an offence against public morality.

The penalty for rape is 10 to 20 years of imprisonment.

If the perpetrator is found not guilty, there are no more charges against them, which means that they are free.

You will have the right to appeal and if the alleged offender is found not guilty, he or she will be acquitted. However, the alleged offender can also claim to be a victim of ‘slander’ or ‘libel’ in order to seek compensation for the damage suffered.

Compensation

Courts can order the offender to pay compensation for injuries or losses caused to the victim after they have been convicted both as a criminal court or as result of civil action.

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

When you return home to the UK

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 where the assault took place.

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’
Scotland	Archway SARC: phone 0141 211 8175
Wales	New Pathways SARC: phone 01685 379 310; Ynys Saff Sexual Assault Referral Centre - Cardiff and Vale University Health Board
Northern Ireland	Rowan SARC Northern Ireland: phone 0800 389 4424

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 the UK government 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 (2 February 2022).