Guidance

Information for Survivors of Rape and Sexual Assault in Mauritania

Published 27 April 2023

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.

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 international emergency on 112
• contact your tour operator if you are travelling with one
• contact the British Embassy in Nouakchott or call on +221 33 823 73 92. 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.

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

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 do not have a tour operator and you would like assistance from the British Embassy in Nouakchott, 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 Nouakchott on +222 43130066.

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.

At the police station

Tell the police if you think you have been drugged.

Insist you get a copy of the police report. In Mauritania, the police report will be conducted in either French or Arabic. If you do not speak the local languages or French, an interpreter will be provided by the police.

Practising homosexuality is a crime in Mauritania, but the country’s rape law does not exclude that men and women may be victims of same-sex rape. However, if it is established that the victim is a homosexual, this could possibly cause them problems. With a strong cultural bias against homosexuality, it would be advisable in such cases to be accompanied by a trusted person when reporting such crimes to the police.

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

The British Embassy in Nouakchott will be able to help you. This includes:

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

• helping you to make 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 one, you can report the incident to your tour operator and ask them for assistance. Where possible and if you wish, the tour operator may accompany you to the local hospital.

It is your choice on whether to report the crime, but if you do not report it, your case may not be investigated if there is a lack of forensic evidence.

In Mauritania, crimes can either be reported in-person or by a member of family.

If you do not report the crime, you may still be able to get a medical examination but not a forensic examination.

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.

If you are staying in the country where the crime took place, you should report the crime in that country. If you are a British national and you need help to report the crime, you can contact the nearest British embassy, high commission or consulate, 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 matter to your local UK police. The UK police will send the information you provide to the country where the crime happened. However, it is for foreign police forces to 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 the country where it happened. This might be necessary in order to protect vulnerable people, or to stop more crimes being committed.

Reporting the crime in Mauritania - what happens next

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 and social media messages.

Evidence such as the clothes you were wearing will be retained by the police. It will help them to gather evidence and build a criminal case.

Electronic equipment such as mobile phones will be taken temporarily to secure data that might serve as evidence – these will be returned to you.

During your interview, the police or gendarmerie will ask questions to help them conduct their investigations. This could include making a statement about the incident and giving a description of the perpetrator(s). You may request an officer of a particular gender, as well as an interpreter, but it cannot be guaranteed as availability may be limited.

You should insist you get a document from the police confirming that you have reported the crime, with a police reference number and the police’s contact details so that you are able to follow up with them later.

The medical examination: what to expect

All government hospitals in Mauritania treat victims of rape and sexual assault. It is advisable to go to a government hospital for evidential purposes as prosecution courts accept medical forms from these hospitals. It is recommended to inform the police beforehand (directly or through an intermediary) in order to obtain a requisition, which can be delivered to the health centre to ensure the quick intervention.

The medical officer on duty carries out the examination and sends the report to the police.

The British Embassy will try to send a consular officer to support you, if you wish and where timing and location allow. You will always be able to speak to trained consular staff on the telephone 24/7.

Treatment

Hospital medical staff can give you advice on “Post-Exposure Prophylaxis (PEP)” medication, a treatment that may prevent HIV infection. This can be prescribed at any hospital. More information on risks is available on the NHS website.

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.

In Mauritania, emergency contraception can be bought from local pharmacies or given to you at the hospital as part of the emergency treatment. However, the pharmacy may ask for a prescription, especially if the victim is underage.

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

Both public and private hospital care is available in Mauritania. If seeking treatment in a private facility, you may be asked to pay for your treatment. You can make a claim through your insurance. While you should only be charged if at a private clinic, some public hospitals may also ask for payment of consultation fees.

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.

Police investigations in Mauritania – what to expect

You will be required to give a statement.

You will be taken to the police station for identification once the accused is apprehended. This may be done in an open room/space, and therefore, you and the accused may be able to see each other during identification.

The police may take you and the accused to the scene of the crime for a reconstruction of the offense. At this stage, you may come into contact with the accused. You may request to not have contact with the accused, if you believe this will cause you any distress or trauma.

An arrest in Mauritania can sometimes take years to happen. There is no limitation of how long this can take. In order for things to progress, the police enquiry must be complete. This will then be passed on to the Director of Public Prosecutions (DPP). The DPP then chooses the right offence, followed by an indictment. You and the accused will then be called to court, and a trial will begin.

Once the case is filed, you can leave the country. However once trial starts, you will have to be in country to give evidence. If you decide to leave country, you will have to provide the court/ police with a reliable postal address, email address and contact number so that you can be informed of when the trial will start.

Court procedures – what to expect

If the accused is ordered to trial, you will be expected to testify in court. You will most likely have to testify in Mauritania, as testifying from UK requires approval from the court. Victims need to be present at every court session.

If you wish to drop charges, you will have to write to the Director of Public Prosecutions (DPP)/police to say that you do not wish to proceed with the case. However, the Director of Public Prosecutions /police can still insist that the case be heard as the final decision rests with them. Indictment cases cannot be withdrawn.

The aggressor can make counteraccusations, claiming false accusations in his defence, but the court will ask them for proof.

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

Taking your case to trial

All cases reported to the police, at a police station, are declared to the Public Prosecutor who decides whether a case is brought before the court or not.

There are no time limits to when you can report a crime. But, this must be done in-country, and only the individual themselves can report the crime.

Trial procedures

The police will inform the parties of the trial dates. The proceedings are conducted in either Arabic or French. Witnesses can give evidence in any language they wish. Arabic and French are the official languages of the court. If you do not speak either language, the court will provide a translator.

If you have to attend a trial in Mauritania, Mauritanian authorities will not assist with travel and accommodation arrangements.

It normally takes months for the case to come to trial. However, this may take longer depending on how the case is proceeding.

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.

Legal aid

Only those who have been accused of a crime (of zina) benefit from legal aid. Unlike victims, accused people are obliged to be represented by a lawyer.

Sentencing

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

The penalty for rape is five to ten years’ imprisonment.

When you return 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’

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

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 Mauritania.

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).