Guidance

Information for survivors of rape and sexual assault in Niger

Published 14 December 2022

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.

If you’ve been sexually assaulted it’s 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.

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

1. 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 police on 17 or 8383. For a crime to be investigated, you need to report it to the local police before you leave the country
• contact your tour operator if you are travelling with one and ask them for assistance. Where possible, and if you wish, the tour operator may accompany you to the police station as well as local hospital
• contact British Embassy Niamey on +234 (1) 227 0780/ 0781/ 0782 (Nigeria) or +44 (0)20 7008 5000. 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

2. If you want to report the incident to the police in Niger

If you have a tour operator, they should be able to arrange for someone to support you. If you are in Niamey, 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 British Embassy Niamey on +234 (1) 227 0780/ 0781/ 0782 (Nigeria) or +44 (0)20 7008 5000 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.

You should:

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

3. What to expect if you report the incident to the police

Every police station in Niger 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.

You can also request to speak to an English-speaking police officer. Most police stations will have senior officers who can speak English, but in smaller police stations in outlying areas, you may need to request and wait for an interpreter.

A judicial police officer will lead the investigation in the first instance. They might collect DNA evidence and may 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 in Niger who may be able to help you. It is possible to get legal aid if you are unable to pay for a lawyer.

You will not need to surrender your passport while the police carry out their investigation, but the police may take photocopies or scans of your documents.

If the case is brought before the public prosecutor and is the subject of an investigation, the examining magistrate is then responsible for carrying out the investigations that they deem necessary.

You do not run any risk of reporting rape or sexual assault to the local police. Though, homosexuality constitutes an offence of indecent assault in Niger it will not result in a different treatment of the case. You should also be aware that the consumption of alcohol is considered an offence and punished by law under certain circumstances, such as obvious drunkenness in public places, in case that is helpful for your case. Also consumption and possession of drugs and narcotics (without prescription) is punishable by law.

4. If you do not want to report the incident to the police in Niger

The British Embassy Niamey can still help you. This includes helping you to contact your insurance company, your family, arranging 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.

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

You do not need to report the crime to police in order to receive medical attention. However, it is possible that, following a medical consultation, you may be asked to file a complaint in order to initiate the criminal procedure.

5. 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 Niger, 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 Niger, where the crime took place, you should report the crime to the police of Niger. If you are a British national and you need help to report the crime, you can contact the British Embassy Niamey on +234 (1) 277 0780/0781/0782 (Nigeria) or +44 20 7008 5000.

If you do not report the crime in Niger where it happened and you return to the UK, the Rape and sexual assault will not be investigated.

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 the Police of Niger, where it happened. This might be necessary in order to protect vulnerable people, or to stop more crimes being committed.

6. Reporting the crime in Niger - what happens next?

If you decide to report your case to the Nigerien authorities, you will need to make a statement about the incident and provide a description of the attacker.

The police may keep your belongings, such as clothes, or electronic equipment, if they need them for forensic examination.

The police will send you to a local health facility for a forensic examination. A gynaecologist or specialists will usually see you. Forensic examinations take place in public health facilities such as national hospitals and specialist maternity clinics

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.

You should:

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

The Nigerian police will not automatically inform the UK police of the crime committed against you. You can request this through the British Embassy Niamey.

7. The medical examination – what to expect

All hospitals and medical centres treat victims of rape and sexual assault. However, only public health facilities are authorised to provide medical evidence and confirm that a rape or sexual assault happened. The main public health services used for investigating a rape or sexual assault case in Niamey are:

• Maternité Issaka Gazobi
• Hôpital National de Niamey
• Hôpital General de Reference

Other smaller public medical centres are also used. The cost of the medical examination to provide evidence for a rape or sexual assault is fixed at 30,000 XOF in Niger. You will need to pay that using cash. Check your travel insurance policy to see if it covers this under medical costs.

Upon request by the police, public medical centres will report results of examination to the police. If you have not reported the rape or sexual assault, most medical centres will still provide medical assistance without reporting to the police unless you give consent.

A gynaecologist will assess you for external injuries and sexually transmitted diseases. A female member of staff may be present at the examination. A male doctor may attend to you with a female nurse present.

Medical examinations differ for male and female victims. Female victims can expect a pregnancy test and serologic tests for syphilis, hepatitis B, and HIV. For male victims, the examination will consist of confirming anal penetration and whether the victim is bleeding.

It is possible that, if notified in advance, a consular officer from the British Embassy Niamey will be able to accompany you to the hospital. Local tour operators can assist in advising you on which hospital to go to or on the location of a local pharmacy.

8. Treatment

Medical staff can advise on HIV PEP (Post-exposure prophylaxis) medication. PEP may be available in pharmacies or hospitals, and it is a prescribed medicine.

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.

You can get contraception at the pharmacy. A prescription is needed to purchase the contraception; so you should ask the GP or forensic doctor during your medical examination. You will need to pay for emergency contraception and medical treatment in Niger. Check your travel insurance policy to see if it covers medical costs. Alternatively, you can pay for your treatment using cash.

Emergency contraception needs to be taken within 72 hours of the incident for it 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 let your local health provider know when you return home.

9. Police investigations in Niger – what to expect

The Nigerien Police may ask you to identify the suspect in an identification parade. You should be placed behind a tinted glass door to protect your identity.

If the Nigerien Police makes an arrest, the suspect may be taken before to/in front of the public prosecutor without delay or kept in custody for up to 48 hours. After this period, the defendant is presented to the public prosecutor who decides on an investigation of the case and possible extension of the custody.

You will be expected to go in front of prosecutor to make a statement too. Your lawyer cannot do this for you, but he/ she can assist you. Your lawyer has the right to examine the minutes of the preliminary investigation and may request a copy.

Unless an advanced fee has been agreed on, lawyers may assist you without being paid until the end of the proceedings. In the event of legal aid being granted to you in accordance with the criteria laid down by law, all costs relating to the case and the services of the lawyer assigned to you are fully covered by the National Legal Aid Agency.

You are allowed to leave Niger once the case is filed.

10. Court procedures – what to expect

In Niger, you need to first file a complaint for your rape or sexual assault case with the police. You can retrieve your complaint where the complaint was filed. You can do it alone or through your lawyer. The Public Prosecutor’s Office will own the case. Even if you choose to drop charges, the prosecution will continue. However, there are no legal repercussions to dropping charges once you have filed them.

You will be contacted by your lawyer or the British Embassy Niamey if your case is brought before a judge.

If the case is brought to trial, you will need to testify in court for the indictment of a suspect. You will be informed of all hearings and trials by means of a summons. This notification of the hearing date will be in French. You will have to give evidence, though this may be done with your face hidden if approved by the judge. The trial will be conducted in French and you have the right to request a translator.

It is not possible to testify from the UK. Therefore, it is likely that you will need to return to Niger to testify in court. The Nigerien authorities will not assist with your travel or accommodation arrangements. Your presence is recommended at least for the first trial but you may need to be present for others too. You may be represented by your lawyer for other hearings. If you fail to attend/be represented at hearings, the decision taken by default will be against you.

The length of time it takes for a case to come to trial will vary, depending on the circumstances of the case. The length of Rape and Sexual Assault trials will also differ between cases. Following the completion of the court’s investigation, the judge has one month to make a decision on his/her ruling.

Courts can 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. In certain circumstances, however, an alleged assailant can press counter charges claiming false accusations. It is their right and can be considered a defence.

11. Hiring a lawyer

A private lawyer’s role is to advise and inform you about the court procedure. You can find a list of English-speaking lawyers based in Niger here Any lawyer sitting in civil matters is entitled to defend a client who is a victim of rape or sexual harassment.

If you are not resident in Niger, you can give your lawyer’s address as your local address.

If you do not want to appoint a lawyer, you can be kept updated by the documents of service to be deposited at the British Embassy Niamey.

12. Legal aid

You can access legal assistance in Niger by written or verbal request to the National Agency for Legal and Judicial Assistance. You can also request the assistance of a lawyer, through the Niger Bar Association. However, in order to qualify for these services you must prove that you are in a state of vulnerability and demonstrate insufficient resources to exercise your legal rights.

In Niger, as a beneficiary of legal aid, you are exempted from fees related to proceedings. You will benefit from free assistance of a bailiff counsel whose fees are covered by the National Agency for Legal Aid.

Discuss with your lawyer whether they will charge for services before your case goes to court. In general, the lawyer’s fees are fixed at the end of the procedure. However, some law firms may request advance payment.

13. Sentencing

Sentencing is the exclusive responsibility of the court. It takes into account the facts and evidence brought before it. In Niger, the applicable penalties are aimed at punishing the offence and consist of periods in detention.

In Niger’s criminal law, rape is classified as an indictable crime and sexual assault can, depending on the circumstances, be either a misdemeanour or a felony (when there are aggravating circumstances)

Rape is punishable by a sentence of between 10 and 20 years of imprisonment. This can be extended to life imprisonment when there are aggravating circumstances. For misdemeanours, the maximum penalty is 10 years of imprisonment.

If the alleged perpetrator is found not guilty, they will be dismissed from the case. Only the Prosecutor may appeal the decision. You can always claim compensation for the damage resulting from the fault of the accused.

14. 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.

15. 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 (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 that the assault took place in.

16. Support organisations in Niger

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

16.1 1. SOS Femmes et Enfants Victimes de Violences Familiales (SOS FEVVF)

16.2 2. Women and Children Victims of Family Violence

• Address: Recasement 3eme laterite, BP:13870 Niamey - Niger
• Hotline: +227 86 06 06 06, toll-free service available 24/7
• Hours of contact and language of service: 24/7, French (and English translator may be made available if needed)
• Description of services offered: SOS FEVVF provides direct support and shelter to victims of rape and sexual violence by working closely with social services (police, hospitals, justice) that handle cases. It takes in charge all victims of rapes and sexual assault with no distinction of race, gender, religion, ethnicity and sexual orientation.

16.3 3. Maries Stopes Niger

• Address: Quartier Plateau, Boulevard Mali Bero, Rue Issa Berie, IB65-Niamey BP 12312, Niger
• Telephone number: +227 91 72 08 83 to speak to advisers that will direct you to a centre
• Hours of contact and language of service: 08h00 to 17h30 pm (French)
• Description of services offered: Maries Stopes provides contraceptives services

17. 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).