Guidance

Information for survivors of rape and sexual assault in Mozambique

Published 11 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.

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

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

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 your tour operator if you are travelling with one
• contact your nearest British High Commission on +258 21 35 6000. British High Commission 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
• visit an integrated service centre. These are one-stop centres that can provide medical, police and legal assistance to victims of rape and sexual assault. There is a list of integrated service centres and more information about the services they provide throughout this pack

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

If you have a tour operator, they should be able to arrange for someone to support you. When in Mozambique, the British High Commission in Maputo, 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.

You may contact the Mozambican police on 112. If you approach the police directly, you can also ask them to inform the British High Commission in Maputo on +258 21 35 6000 and they can offer you 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, 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.

We recommend that you try to report at an integrated service centre, if you can. Staff at integrated service centres are very experienced in supporting victims of rape and sexual assault and will show the empathy you deserve. In contrast, many police regular officers might not have had the training they need to support you. There is a list of integrated service centres at the end of this pack.

You have up to 5 years to report the crime. After 5 years, the police will not investigate rape and sexual assault cases. Please note, however, that with the passing of time it becomes more difficult to collect medical evidence, which is why it is advised to always report rape and sexual assault crimes as soon as possible.

Don’t forget to:

• tell the police if you think you have been drugged
• insist you get a police report and request a written translation in English

You do not run any risks of reporting a rape or sexual assault to the local police. If you were consuming drugs at the time of the incident, please keep in mind that taking drugs in Mozambique is a crime. So, while you will be able to report the rape or sexual assault, if you tell the police you have taken recreational drugs, you might face a separate investigation.

Depending on your location there may be rape and sexual assault trained female and male police officers to talk to at the police station. Generally, integrated service centres and police stations attached to public hospitals are more prepared to receive victims of rape and sexual assault than regular police stations. You may request to speak to an officer of a specific gender, although this will depend on availability at the station where you report the crime.

Most police officers don’t speak English. If English-speaking officers are not available, the police are responsible for providing translation and interpretation services. If not, the British High Commission can provide you with a list of translators or come with you to the station (if we can reach you in time) to provide informal translation when you report the crime.

Criminal investigations are led and authorised by a judge. You will need to provide a verbal report of what happened to the police, show texts and calls (if the police deem them relevant to their investigations), and give details of witnesses to the crime or involved persons.

You may be asked to undergo a medical examination to collect forensic evidence depending on when and where you report the crime. You will have to provide identification, such as your passport and/or residence permit. All your personal documentation will be returned to you immediately.

If consular staff accompany you to the police station, they may be able to ensure that you obtain necessary translation and legal representation. It can help to have someone there to support you, and help you access the assistance you are entitled to.

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

The British High Commission in Maputo will be able to 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, lawyers and translators.

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. If you wish, and depending on location and timing, a member of consular staff may be able to accompany you.

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

If you decide not to report the crime to the police, you can still get medical attention. However, please note that medical professionals in public hospitals are obliged to report suspected crimes to the police, including if they suspect their patient has been a victim of rape and sexual assault. If you don’t want the doctor to make a report, you should tell them.

There are a total of 24 integrated assistance centres for victims of gender-based violence in major public hospitals across the country. These integrated service centres will be able to provide you with immediate assistance. You can attend an integrated service centre without having to make a police report.

You have to report the crime to the police in Mozambique for it to be investigated. Criminal investigations typically involve having the victim physically present for reporting.

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 should 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. Police in Mozambique will not investigate the crime unless it is reported in Mozambique.

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 Mozambique - 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. Tell the police if you think you have been drugged. Insist you get a police report and request a translation in English if applicable.

You will have to give a verbal statement of the incident. You will also have to give details and description of the attacker.

The police will keep any clothes or belongings, which may be evidence of your attack to present to a forensic examiner. The police have the discretion to retain any electronic equipment if they deem it is relevant to the investigation.

The police generally will not accompany you to the nearest or preferred hospital for a forensic examination, however, they will issue a document that forward you to a forensic doctor who will issue a medico-legal report and give you the necessary directions. You will need to arrange your own transport to hospital, unless you are at an integrated service centre.

Local police in Mozambique will not inform UK police unless informing them is necessary for the investigation. Local police will not ask the UK to undertake police checks on the victim.

Treatment

Hospital treatment for victims of rape and sexual assault is free in all public hospitals. In public hospitals you can receive treatment and an examination that can be used as evidence in court. Waiting times may be long. In private hospitals, you will have to pay in order to obtain treatment and waiting times may be shorter. You cannot receive an examination that can be used as evidence in court at a private hospital.

Medical staff will take genital swabs; do blood tests and tests for most prevalent STIs. They will test you for HIV immediately.

Hospital medical staff will give you advice on HIV PEP medication (‘post-exposure prophylaxis’, a treatment that can prevent HIV infection). PEP is locally available in all hospitals. It will be medically prescribed and monitored after 28 days.

HIV PEP medication must 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 public hospitals, medical staff will provide you with free emergency contraception. In private hospitals, medical staff will prescribe emergency contraception and you will have to pay at a nearby pharmacy. Emergency contraception can be accessed over the counter at pharmacies without a prescription. Emergency contraception needs to be taken within 72 hours for it to be effective.

Waiting times in public hospitals tend to be longer than in private hospitals. It may take hours before you are assisted. However, if you go directly to an integrated service centre in a public hospital, waiting times will be reduced.

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.

The medical examination – what to expect

In order to get a medical examination for evidence in court, the police must authorise the examination. If the police are part of the hospital’s integrated service centre, they will communicate this authorisation internally within the centre. If the police are external to the integrated service centre, they will provide you with a form to take to the hospital.

Not all hospitals and medical centres examine victims of rape and sexual assault. Generally, public hospitals conduct medical examinations. If you go to a private hospital for treatment, they will refer you to Maputo Central Hospital or Mavalane General Hospital for medical examinations. Hospitals will automatically report the results of any examination to the police.

Medical staff carry out the examination. You may request a particular gender of medical staff to carry out the medical examination, however this depends on availability. You may be accompanied by a friend to the medical examination room. The medical examination will be both internal and external. They will take genital swabs; do blood tests and tests for most prevalent STIs. Medical staff will test you for HIV immediately.

Physical injuries may be photographed for evidence. You will be informed of this before photographs are taken.

Consular staff can accompany you to the hospital depending on the time and location of the hospital visit. If you are in country with a tour operator, they may also assist you in your hospital visit. A friend may also accompany you to the hospital.

Police investigations in Mozambique – what to expect

The police will take you to the scene of the crime if it is essential to identify and arrest the attacker. You will be asked to identify the attacker if they are brought to the police station. The identification is done face-to-face with the presence of other police officers.

Once arrested, the police have 48 hours to charge the perpetrator with a crime. After 48 hours, the law states that the assigned magistrate will have to decide whether to pursue criminal charges. However, this timeline is not always followed and there could be delays. You should talk to a consular officer at the British High Commission if you are concerned about this.

You will be expected to go in front of the public prosecutor to make a statement as part of the process to decide whether charges are pursued. Your lawyer will not be able to do this on your behalf. You must be physically present. Your lawyer will not have access to the police investigation files until after charges are laid.

Victims will be allowed to leave the country once the case is filed. However, you must be physically present if the court requests your testimony during the trial.

Court procedures – what to expect

If a suspect is ordered to trial, you will be expected to testify in court. You will be required to testify during the hearings and during any other stage that requires your presence. You will be able to discuss with your lawyer regarding which stages these are and when they will be in accordance with your case. You will be expected to return to Mozambique to testify. The Mozambican government will not offer financial support for the cost of travel.

You are unable to drop charges once they are filed.

During the trial, the alleged assailant cannot press counter charges to the victim for false accusation. This may be done after the trial if there is reasonable and justifiable claim.

The court will order the offender to pay compensation for any injuries or losses either after they have been convicted in a criminal court or as a result of civil action.

How can my case be taken to trial?

After you report the crime, the police will investigate. They will prepare a report that will be sent to the Ministry of Public Affairs. A magistrate decides whether or not to pursue charges. If they decide to press charges, the Ministry of Public Affairs will assign a court case and a trial judge.

Trial procedures

Cases may take weeks or months to come to trial. Rape and sexual assault cases may last years for the trial to take place and the eventual sentence to be passed. The trial will be conducted in Portuguese; however, the court has the obligation to provide interpretation and translation. Your lawyer can assist in ensuring that this is obligation is upheld.

You will need to be present at most court cases, especially ones involving cross examinations, testimonies as well as sentence hearing. Your lawyer will be able to advise you on which court sessions you have to be present in. You will be expected to return to Mozambique in order to testify.

If you must attend a trial in Mozambique, the Mozambican authorities concerned will not assist with travel and accommodation arrangements or with any other support.

Hiring a lawyer

You will not be automatically assigned a lawyer when reporting. If you wish to have a legal adviser, you must instruct your own lawyer. Lawyers can ensure that the correct processes are followed and that your rights are upheld during the investigation and court process. Here’s our list of English-speaking lawyers is available.

You are entitled to be kept aware of the case, even without a lawyer. However, if you do not have a lawyer, the court will assign you with one. Hiring a lawyer is beneficial for many reasons. Lawyers will be able to represent you during the hearing, ensure that your rights are being upheld, offer legal guidance as well as ensure that you are clear on any legal steps you might have to take.

The police cannot provide a pro bono lawyer. However, you may request them to contact the Institute for Legal Assistance and Representation (IPAJ) to request a pro bono public defender. Otherwise, the court will request a pro bono lawyer for your case once the trial starts. However, it is advisable that you have a lawyer before the hearings and trial begins.

If you do not live in Mozambique, your local lawyer will be your point of contact. Documentation and any other communication notices will be presented to the lawyer’s address. Authorities will only require your UK address if you are not a resident of Mozambique.

If you do not want to appoint a lawyer, the police may update you directly, although this is not guaranteed. The police do not have an obligation to inform you of case development. It is advised that a lawyer assists you in this process.

Legal aid

The Institute for Legal Assistance and Representation (IPAJ) will typically indicate a pro-bono lawyer for legal aid. You may also contact one of the English-speaking lawyers on our list for pro-bono assistance on your case. Lawyers tend to charge for services before the case goes to court.

You are entitled to legal aid if you do not present a lawyer during trial or if you cannot afford one. The process to obtaining one is not means-tested which means that if you do not have a legal representative the court will provide one, independent of your financial situation.

Legal aid includes the legal assistance that private lawyer would be able to provide you with including but not limited to representation and guidance.

Sentencing

Sentences are weighted in favour of punishment and compensation. The perpetrator will be guilty of crimes against sexual liberty. The judge may sentence the perpetrator for one or more of the following: rape, attempted sexual assault, sexual assault and aggravation as a result of the crime.

If found guilty, perpetrators face a prison sentence of 2-8 years depending on the discretion of the judge.

If the alleged perpetrator is found not guilty, they may be able to seek compensation for the trial or for any defamation they may have incurred during the process. They will be entitled to charge the state if at first, they are sentenced as guilty and later, on appeal, are found not guilty.

Convicted criminals have the right to appeal.

Compensation

The court will order the offender to pay compensation for any injuries or losses, either after they have been convicted in a criminal court or as a 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.

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’
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 the country that the assault took place in.

Support organisations in Mozambique

Integrated Service Centres for Victims of Violence (CAIVV)

There are 24 Integrated Service Centres for Victims of Violence (CAIVV) across the country. Most public hospitals in provinces in Mozambique have a CAIVV centre.

Maputo

• Mavalane General Hospital
• Jose Macamo General Hospital
• 1o de Maio Health Centre
• Bagamoio Health Centre.

Gaza

• Xai-Xai Provincial Hospital

Sofala

• Beira Central Hospital

Inhambane

• Inhambane Provincial Hospital
  • 07h00 to 19h30 – support available 24/7 at the hospital emergency care centre
  • the Integrated Service Centres are one stop centres for victims. They are composed of the police, psychologists, the judiciary, the medical team and a social action team

Maputo Central Hospital – Friendly Services for Adolescents and the Youth (SAAJ)

• Hospital Central de Maputo
  • 07h00 to 18h00
  • the Centre provides support to the youth up to the age of 23 years old. If you are over this age limit, they will reference you to the main hospital, however they will be able to support you
  • they provide counselling and medical assistance
• Muleide
  • Av Paulo Samuel Kankhomba nr. 2150, R/C
  • +258 84 508 3942 / +258 87 136 1157
  • 08h00 to 17h00
  • Muleide is a non-governmental, non-profit organisation that has ample expertise and experience in the field of women’s rights, SRHR and GBV and legal assistance at community level
• Forum Mulher
  • 12 Rua Vilanamwali, Maputo, Mozambique
  • +258 21 414 189
  • 08h00 to 17h00
  • Forum Mulher, a women’s rights network in Mozambique, promotes women’s autonomy and solidarity, and advocates for women’s economic, social, reproductive, and political rights through coalitions at the local, regional, and national levels

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).