Guidance

Senegal: information for victims of rape and sexual assault

Published 22 March 2023

If you have been sexually assaulted it is 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 emergency police number in Senegal on 17
• contact your tour operator if you are travelling with one
• contact your nearest British embassy or consulate in Senegal. Embassy staff will be polite, patient, empathetic, and non-judgmental. They 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 Senegal.

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 British Embassy on +221 33 868 60 31 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.

Tell the police if you think you have been drugged.

Victims of rape and sexual assault in Senegal have to go to the police station in their neighbourhood. They will welcome you and direct you to the Vice and Minors Brigade (Brigade des Moeurs et Mineurs) at the Dakar Central Police, if necessary.

You can take a person of trust or a legal adviser to the police station, if you wish. If you do not speak the local languages or French, an interpreter will be provided by the police.

You can request an officer of a particular gender although there is no guarantee one will be available.

The police will ask you to provide a statement, describe the attacker, and give details of any witnesses to the crime or persons you spoke to after the assault. In most cases, you will be asked for the clothes you were wearing and your mobile phone, as it could contain material relevant to the investigation. You can also provide any other information that may assist the police in their investigation.

They will also ask you for formal identification, such as your passport. The document should be returned to you as soon as the police have established your identity. After your statement, the police will take you to the main public hospital in the region.

You should also insist you get a document to confirm 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 and request a translation in English if applicable.

A lawyer will not be assigned to you as the police do not consider it necessary for reporting an incident. However, if you would feel more comfortable, you are welcome to bring your own lawyer.

The British Embassy can provide you with a list of English-speaking lawyers.

Homosexuality is illegal in Senegal, but the country’s rape law recognises that men and women can be victims of same-sex rape. The victim’s sexuality does not legally alter the investigation and any rape victim has the right to file a complaint. However, if it is established that the victim is a homosexual, there is a risk of facing criminal charges themselves.

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

The British Embassy in Senegal 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 may still be able to get medical attention. However, Senegal health professionals are obliged to report to the police when they have a patient who has been a victim of sexual assault. They may refuse to provide a full examination and the victim is referred to the police for a statement pending a request from them.

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 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 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.

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 Senegal - 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 in the investigations and in a court case – these will be returned to you.

During your interview, the police 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 can request an officer of a particular gender although there is no guarantee one will be available. If you do not speak the local languages or French, the police will provide an interpreter.

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 Senegalese police will not normally inform the British police of the assault. However, if the assailant is British, the local police may ask the UK to carry out police checks on the assailant.

Once you have made your statement, the police will take you for a medical examination.

The medical examination: what to expect

Only big hospitals (Level 3) 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. Hospitals have a legal obligation to pass the results on to the police.

A female member of the medical staff will not necessarily be present; you can request one but there may not be one available.

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

The British Embassy 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. If you are travelling with a tour operator, their local representative may also be able to escort you.

Treatment

Hospital medical staff can give advice on HIV PEP medication (‘Post-exposure prophylaxes, a treatment that can prevent HIV infection). PEP treatment is available locally and free of charge in hospitals. It is medically prescribed by a doctor and closely monitored.

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 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.

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.

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

Police investigations in Senegal – what to expect

The police may ask 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-clothes police officers, and 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 (un ‘juge d’instruction’). This magistrate will then take over direction of the case and may ask to interview you. You will need to attend in person; your lawyer can be present if you wish.

Court procedures – 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.

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 taking 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 Senegalese 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.

How can my case be taken 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 Senegal, trials are conducted in French.

Victims do not have to be present at every session of the court. Their lawyer can represent them. However, it is important for their case that they 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 Senegalese authorities will not help with travel and accommodation arrangements if you are attending the trial from abroad. If the victim is female and has a lawyer, the lawyer can apply to the Ministry for Women’s Affairs for financial assistance. However, the process for this is long, and therefore there is no guarantee financial assistance will come through in good time.

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 Senegal which specialize in sexual offences. However, most Senegalese criminal lawyers will be able to assist and represent you in these circumstances. The British Embassy can provide you with a list of English-speaking lawyers.

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 Senegal, 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.

Legal aid

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

Sentencing

Penalties are weighted in favour of punishment rather than rehabilitation.

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

The penalty for rape is 10 to 20 years’ 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

If you have applied for compensation, it may be granted by the court if the perpetrator is found guilty.

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.

Support organisations in Senegal

It is your choice to let people know. If you are ready to talk about it, the following organisation may be able to help you:

La Maison Rose (The Pink House), located in Guediawaye, Ancien Tribunal. Tel: +221 77 819 36 43 (assistance 7 days a week). La Maison Rose has been accompanying victims of rape and sexual assault in Senegal for 13 years. They have had a pivotal role in the organisation of care by taking charge and helping victims.

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).