Guidance

Information for survivors of rape and sexual assault in Namibia

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 the international emergency number on 10 111
• contact your tour operator if you are travelling with one
• go directly to a medical facility or Gender Based Violence (GBV) Unit. A complete list of GBV units in Namibia can be found at the end of this guide
• contact the British High Commission on +264 61 274 800. 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

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

If you report by telephone from the scene of the incident, the police will send a patrol vehicle to you. However, you may have to wait a long time depending on the availability of a vehicle. If you are waiting at the scene of the crime, try to preserve the evidence on yourself and at the scene.

If you have a tour operator, they should be able to arrange for someone to support you. Depending on the area you are in, the British High Commission 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 High Commission on +264 61 274800 who 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.

Tell the police if you think you have been drugged.

Insist you get a police report and request a translation in English if applicable.

It is possible to report the crime to the police without laying a charge. Inform the police of your request and insist that it is recorded in the Occurrence Book (OB).

There are no legal risks of reporting rape and sexual assault, this includes rape of any gender, non-conforming and married persons. However, even though homosexuality is not seen as a crime in Namibia, it can be viewed as taboo in many parts of the country.

Therefore, bias by police officers or prosecutors can occur, even though the Namibian Police is mandated to commission and conclude investigations of any matter reported to them. Drug taking is a crime– this means that if you admit to taking recreational drugs, the police could take action against you.

In theory, male and female police officers are available but not always in practice – it will depend on the availability of the police officers on duty. Should you be uncomfortable speaking to a police officer of a particular sex, you may request for a different officer to report to.

The GBV Units work with social workers to provide support to victims of rape. A social worker should be available to help victims of rape at every GBV Unit in the event you are uncomfortable to relay the events to a police office of any gender.

Police statements will be made in English. Should you require an interpreter this can be made available by the State. You will be required to give a statement to the police (written up on an A1 form), undergo a medical examination, identify the suspect and provide any information that will be useful for the rightful arrest and prosecution of your perpetrator.

You will not be required to surrender your passport whilst any investigation is carried out.

Once you have reported the case to the local authorities, the State will assign you a prosecutor free of charge. Should you wish to make use of the services of a private lawyer, this will be at your own cost.

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

The British High Commission 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 a tour operator, you can also report the incident to them and ask for assistance. The tour operator may accompany you to the local hospital if you wish. Consular staff may also be able to accompany you depending on the location and timing.

It is your choice on whether to report the crime. If you don’t report it, your case may not be investigated. You do not have to report the crime in Namibia for it to be investigated. If you do not report the crime, you will still be able to get medical attention.

Rape is a statutory crime, and the prosecution of the perpetrator can proceed even if the victim decides to withdraw the charges after reporting the crime.

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 Namibia, you need to report the crime before you leave the country if you want it to be investigated and for police to obtain important evidence.

If the crime took place in Namibia and you will be staying in the country, you should report the crime in Namibia. If you are a British national and you need help to report the crime, you can contact the British High Commission in Windhoek on (+264 61 274800) 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. You can also contact the Foreign, Commonwealth and Development Office for help.

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.

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 further crimes being committed.

Reporting the crime in Namibia - 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 – this will normally be in English, but you should request a translation if it is not.

How to report rape & sexual assault to the authorities and what you should expect to happen next

If you wish to report a rape or sexual assault, you will need to give a statement. The statement may be given to the police at any police station, or to a social worker at a Gender Based Violence (GBV) Unit. If you are able to give a description of the attacker, or if the attacker is known to you, this will be valuable for your statement.

Gender Based Violence (GBV) Units are special centres within the Namibian Police Force that focus on preventing and responding to rape, sexual assault, and other forms of gender-based violence. There are 17 GBV Units across Namibia, with opening hours from 8am to 5pm. Social workers and police are on call out of hours. A full list is available below under Support organisations in Namibia.

GBV Units offer specialised services to rape victims and have more experienced staff compared to ordinary police stations. If you report at a GBV Unit, you will be able to access support from a social worker and medical assistance in a single location.

Some GBV Units will be better resourced than others. In very rural areas, you may find you have to wait to access services whether you report at a GBV Unit or a regular police station. If you report the incident directly at a police station, the police officer may take or direct you to the nearest GBV Unit.

The police will keep any clothes or useful material deemed necessary for the case, which may be evidence of your attack to present to a forensic examiner.

You may have to wait before a doctor can examine you. GBV Units and public hospitals can get very busy and are often understaffed.

If you have returned to the UK, the local police in Namibia where the assault took place may inform UK police if requested by UK authorities through formal means (i.e. Ministry of International Relations & Cooperation) and will work through Interpol to do so.

The medical examination – what to expect

All hospitals and medical centres can treat victims of rape and sexual assault. Forensic evidence has to be taken by a government doctor (J-88 form) in a government hospital. This means that if you want to pursue charges against the perpetrator, you will need to be examined by a doctor in a government hospital.

A medical doctor should examine and treat you. This is especially necessary to ensure that the doctor is seen as a reliable expert witness. If no doctor is available, a referral to a health facility where a doctor is available should be arranged. This is important because medical doctors are ordinarily called as expert witness in a criminal trial.

GBV Units in Namibia are a one-stop centre where victims can access medical services, give a statement to police, and see a social worker. GBV protection officers will collect you from the police station, drive you to the hospital, where you will see a social worker and then the doctor. They’ll then return you to your place of residence. This is all dependent on the availability of police vehicles which isn’t guaranteed – between this and the long distances in Namibia, if you are in a remote area, you might have to wait to access the services you need.

You don’t have to go to the police first, you can go directly to the hospital or GBV Unit. But hospitals may not always have the equipment (known as rape kits) required – in which case you might need to travel between the GBV Unit and the hospital. For this reason, we recommend that you report at a GBV Unit if you have the option to do so.

Rape kits contain all tools and documents necessary to conduct a medical assessment on you as a victim. It ensures that a chain of custody required for prosecution is not contaminated or altered in any way.

There is a clinical handbook that sets out standard operating procedures for doctors to follow when examining a victim of rape or sexual assault. State doctors in GBV units are on-call from their day jobs, so in some cases it won’t be a gynaecologist that carries out the examination – it could be a GP or surgeon, depending on availability. For this reason, you may have to wait several hours before a doctor is available.

All rape victims, regardless of gender, will be tested for HIV and given pre-exposure prophylaxis (PrEP). Male rape is recognised as a crime that police will investigate although there is stigma around reporting it. Men can access treatment and pre-exposure prophylaxis (PrEP).

However, the domestic violence act doesn’t cater for violence within same-sex relationships so these crimes would not normally be investigated by GBV Protection Officers. They may be reported and investigated as common assault, assault with the intent to do grievous bodily harm, alternatively attempted murder.

The British High Commission can assist by providing contact information for the nearest Gender Based Violence (GBV) Unit or police station. British High Commission staff can accompany you to the hospital if you wish.

Local tour operators are likely to assist by taking you to the nearest police station or GBV Unit or by providing information for the nearest police station or hospital facility.

Treatment

Hospital medical staff or staff at the GBV Units can give advice on HIV Post-exposure prophylaxis (PEP) medication – this is a treatment that can prevent HIV infection. It is available at all GBV Units and given to victims of Rape & Sexual Assault.

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.

Emergency contraception (EC) pills should also be started as soon as possible and can be taken up to 3 days after unprotected intercourse. In the event that both EC pills and PEP are not taken within the prescribed time, staff at the GBV Units can offer STI prevention and treatment, hepatitis B immunisation, test for pregnancy and HIV, assess mental health and provide care as needed.

Emergency contraception is available free of charge at public hospitals and GBV Units upon medical referral. This must be taken within 72 hours of the incident for it to be effective.

Treatment for sexual offences at public hospitals and medical facilities is free of charge.

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.

Police investigations in Namibia – what to expect

You have a choice about whether to self-present at a police station or GBV Unit directly (geography will be a factor here as GBV Units are not available everywhere). If you present at a police station, the police can call GBV Officers who are trained to handle rape and sexual assault cases. The GBV Protection Officer will normally drive to collect you and take you to the GBV Unit or hospital.

The police may want to take you to the scene of the crime, or where you think the attacker is located to try to identify and arrest the person. This can be a very traumatising to do and you may refuse to do so. If sufficient evidence is provided the police can arrest your attacker without you being there physically. You will however, be required to identify the attacker through an identification parade behind a one-way glass screen. Please note not all police stations will have glass screens.

If the police make an arrest, the State will assign a prosecutor to you. It is important to note that there may be delays in the organisation of the court system and the tactics used by the defence.

You will be expected to make a statement to the police. The statement would normally be written in English, and if you don’t speak English, an effort will be made to have it translated. For the statement to be admissible in court, the public prosecutor will verify the statement with you to ensure that all the information is obtained, including to question whether the attacker should be released on bail. The information that the public prosecutor will verify will be necessary to lessen the impact of the trial on you.

You will be allowed to leave the country once the case is filed. However, you may be required to be in country to give testimony once the court proceedings commence.

Court procedures – what to expect

If a suspect is ordered to trial, you will be expected to testify in court. It is expected that the investigating officer informs you if the suspect intends to apply for bail. You do not need to be present at the bail hearing.

The prosecutor will decide whether or not to prosecute on the basis of your statement, the doctor’s and social worker’s reports, and any witness evidence. This decision sometimes takes a long time (6 weeks or more).

It is important that you provide sufficient evidence in your initial statement as this will assist in how swiftly the court proceedings are conducted. It is expected that you testify in country. Online testimonies may be a possibility, though the authorities informed us at time of writing this has not been used in previous rape & sexual assault cases.

The public prosecutor is expected to keep you aware of the case. Unfortunately, public prosecutors are often overworked and may not be able to provide the necessary service on time.

Even though this is not advisable, you can drop the charges. Rape is a crime against the State – meaning that once a report is made, you are effectively a witness in the case, and the State can prosecute without your consent. Charge of rape is an automatic State prosecution that will not be dropped. You may face legal repercussions should you be found to have given false testimony.

The State can also choose to withdraw the case if they decide there is insufficient evidence to prove the case beyond reasonable doubt. The prosecutor does not need to consult the victim before taking this decision.

The alleged assailant can press counter charges claiming false accusations.

How can my case be taken to trial?

After the police have completed their investigation, a prosecutor will review the evidence in order to decide if charges can be laid against a suspect. In cases where you have an intellectual disability, the law requires the social worker to report to the police. You will need to be informed about this.

You or your legal representative should contact the prosecutor at least one week before the trial to arrange a pre-trail consultation. Please note however, that this will be dependent on the prosecutor’s availability. In some instances, it is only done on the morning of the trial.

You will be given the opportunity to discuss your statement in detail and correct any errors. You can request to view the courtroom layout where parties will be seated (this is not done automatically at present). During the consultation, the possibility of having the trial heard behind closed doors must also be discussed with the prosecutor.

Trial procedures

You should be informed by the public prosecutor and the investigating officer whether there is going to be a trial. The trial will be conducted in English. The courts can provide translators should this be required.

You do not need to be present at every court session. However, you will need to be present when providing testimony in court. Namibia has not explored online testimonies for rape & sexual assault cases.

The local authorities in Namibia will not be able to assist with travel and accommodation arrangements should you need to attend a trial abroad.

There is no definite timeline for when a case comes to trial. This will all depend on the evidence available for the public prosecutor and the availability of the courts. Rape & sexual assault trials can be a lengthy process; therefore, it is important that sufficient information is provided by yourself or any other witnesses who were present.

If found guilty, perpetrators can receive sentences of no less than 5 years. Perpetrators have the right to appeal. There are 2 opportunities to appeal, namely to the Magistrate of the High Court and then the Supreme Court.

Hiring a lawyer

A privately hired lawyer can perform the role of private prosecutor. There are lawyers who specialise in rape and sexual assault cases. A list of lawyers in Namibia is available on our website and the Namibia Law Society website.

Communication

The police will communicate with you at the time of reporting and investigation. Once the case has been handed to the public prosecutor, you will communicate with the prosecutor.

If you are not resident in Namibia, it would be ideal that you make a statement (in English) prior to leaving the country. The court proceeding can go ahead without your presence. However, you may be required to give testimony in person. This will be communicated by the investigating police and/or public prosecutor depending on the stage of the proceedings. You can provide the address of your local lawyer for the purpose of the court proceedings.

If you do not want to appoint a lawyer, you can be contacted directly by the investigating officer or the public prosecutor. Your contact details should be provided to the authorities prior to you leaving Namibia.

Legal aid

You do not need legal aid as the case is with the State. However, should you opt to make use of the services of a private lawyer, then you would have to make such arrangements yourself.

Lawyers provide itemised bills and tend to charge for services before the case goes to court.

Sentencing

Sentences are weighted in favour of punishment and whether they are first or repeat offences. A case of first-time conviction can be a minimum of 5 years. First time convictions for rape & sexual assault against a minor (i.e. under the age of 13 years) can receive sentences of no less than 15 years in prison. Multiple offenders can receive sentences of no less than 45 years in prison.

The perpetrator can be found guilty of rape and/or grievous bodily or mental harm as a result of the rape.

Compensation

Namibian courts cannot 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. However, it has been found that customary courts have been found to order the perpetrator to compensate the victim. Many families often pressurise the victims to follow this route, though it is not guaranteed form for obtaining justice.

There is no state-funded compensation scheme to cover physical or psychological injuries suffered as a result of a sexual or violent crime in Namibia.

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 Namibia

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

Gender Based Violence (GBV) Units in Namibia include:

1. Walvisbay - Erongo Region: +264 (0)64 219 000 or +264 (0)64 219 068
2. Outapi - Omusati Region: +264 (0)65 251 349
3. Eenhana - Ohangwena Region: +264 (0)65 264 200
4. Omuthiya - Oshikoto Region: +264 (0)65 299 1038 or +264 (0)67 255 1015
5. Keetmanshoop - Karas Region: +264 (0)63 221 844
6. Luderitz - Karas Region: +264 (0)63 202 255
7. Rehoboth - Hardap Region: +264 (0)62523 223
8. Mariental - Hardap Region: +264 (0)63 345 000
9. Otjiwarongo - Otjozondjupa Region: +264 (0)67-300-625
10. Grootfontein - Otjozondjupa Region: +264 (0)67 242 470
11. Opuwo - Kunene Region: +264 (0)65 273 148 extension 121
12. Gobabis - Omaheke Region: +264 (0)62 566 114
13. Oshakati - Oshana Region: +264 (0)65 223 6056 or +264 (0)65 223 6057
14. Katima Mulilo - Zambezi Region: +264 (0)66 251 215
15. Rundu - Kavango East Region: +264 (0)66 266 300 extension 351
16. Nkurenkuru – Kavango West: +264 (0)66 264 877
17. Windhoek- Khomas Region: +264 (0)61 209 5375

Philipi Trust Counselling & Rehabilitation

• Erf 7693 Ara Street, Dorado Park, Windhoek, Namibia
• +264 (0) 61 259 291 / +264 (0) 61 259 055
• services offered in English Mondays to Fridays 08:00 to 17:00
• counselling services & counselling training, charged at N$100 per person.

Regain Trust Free Counselling

• No. 84 Theo-Ben Gurirab Street, Klein Windhoek, Windhoek, Namibia
• +264 (0) 817 033 203 (Khomas region), +264 (0) 815 584 008 (Erongo region), +264 (0) 815 584 004 (Omusati Region)
• www.regain-trust.org
• services offered in English Mondays to Fridays 08:00 to 17:00
• psychosocial support for GBV victims & perpetrators

ESDA Friendly Haven

• PO Box 10081, Windhoek, Namibia
• +264 (0) 812 403 959 (Windhoek only)
• trauma support for women and children. Advocacy against GBV

Lifeline/ Childline Namibia

• 45 Bismarck Street, Windhoek, Namibia
• +264 (0) 61 226 889
• telephone counselling services to victims of rape and sexual assault via telephone & in person
• services offered in English Mondays to Fridays 08:00 to 20:00

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).