Guidance

Somalia: information for victims of rape and sexual assault

Published 22 November 2024

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 local police on 991 or visit your nearest police station.
• contact the British High Commission in Nairobi by phone on +254 (0)202 873 000 or +254 (0)202 844 000 or use our online contact form. 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 Somalia

Before you go to the police station

Consular staff can provide support remotely from the British High Commission in Nairobi. You will always be able to speak to trained consular staff on the telephone on +254 (0)202 873 000 or +254 (0)202 844 000.

If you approach the police directly, you can also ask them to inform the British High Commission in Nairobi using the numbers above.

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, take those you were wearing to the police. You may wish to preserve evidence by retaining items such as condoms, toothbrushes, or texts.

You should be aware that rape and other forms of sexual violence are only considered a crime in Somalia when committed outside of marriage. Consensual sex outside of marriage, homosexuality and drinking alcohol are also crimes.

At the police station

1. Tell the police if you think you have been drugged.

2. Ask for a police report and request a translation in English.

3. You can ask to speak to a female police officer. This should usually be possible.

Most police officers speak Somali. You can request a translator if necessary and one should be provided. If you want to appoint your own translator, you can find details of translators produced by the Foreign, Commonwealth and Development Office.

For your case to be taken to trial, you must report the assault to the police within two days, in Somali (with the help of a translator if necessary).

When reporting the crime, you will be asked to make a written statement, provide evidence of the attack and give details of any witnesses. You will be asked to provide a description of your attacker, if you can.

The police may keep your clothes or other items as evidence.

You should not have to surrender your passport when reporting the crime, but the police will require you to provide identification.

Consular staff cannot accompany British nationals to a police station in Somalia as consular assistance is provided remotely by the British High Commission in Nairobi.

After making a statement

For a criminal investigation to be launched, you will need to be examined by a designated medical practitioner at an authorised hospital. In Mogadishu, the authorised hospital is Medina Hospital. You should ask for a medical examination if you wish to pursue criminal charges and if it is not automatically offered by the police.

Once the medical practitioner has assessed that a rape or sexual assault has occurred, they will authorise a medical referral letter. This will be used as evidence during the investigation and trial. Without this letter, your case may be dismissed.

You should be aware that there are limited forensic laboratory facilities in Somalia. There is one forensic lab in Garowe, central Somalia, run by the United Nations. It might also be possible for evidence to be sent to South Africa for forensic examination.

The Somali police may conduct a routine background check on you as the victim of the assault. 

If an investigation is launched, it will be led by a police officer from the local Criminal Investigation Division, under the direction of the Office of the Attorney General. The Attorney General can also order that their own officer takes over the investigation of any criminal case.

The government should assign a prosecutor to your case. You can also appoint a private lawyer to represent your interests, but they will not be allowed to talk during criminal proceedings in court. A private lawyer can give you legal advice, represent your interests and submit a civil claim to the courts. If you want to appoint your own lawyer, you can consult details of English-speaking lawyers in Somalia produced by the Foreign, Commonwealth and Development Office.

The Somali police will not usually inform the UK police about your assault, unless you ask them to do so.

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

Consular staff at the British High Commission in Nairobi will be able to help you. This includes:

• helping you to contact your insurance company and/or your family
• providing you with details of medical facilities, English-speaking lawyers and translators.
• helping you with arrangements to travel back to the UK
• providing you with information on local support in the UK

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

You can still seek medical attention even if you do not wish to report the incident to the police. You may wish to consult our list of medical facilities in Somalia.

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

The support available to you, and your access to justice may depend on where you report the crime.

In Somalia, 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 Somalia and the crime took place there, you should report the crime there. If you are a British national and you need help to report the crime, you can contact the British High Commission in Nairobi, or the Foreign, Commonwealth and Development Office in the UK.

If you do not report the crime in Somalia 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 Somalia. However, foreign police forces 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 Somalia. This might be necessary in order to protect vulnerable people, or to stop more crimes being committed.

The medical examination: what to expect

Where to go

You can seek medical attention at any hospital or medical facility. However, only a few are qualified and experienced in dealing with rape and sexual assaults.

You may wish to consult our list of medical providers in Somalia.

If you are pursuing a criminal investigation, you should be aware that only designated medical staff in authorised hospitals can conduct an examination that can be used as evidence in court. The police officer investigating your case should refer you for a medical examination if you are pursuing criminal charges.

Examination

A medical examination may include an examination for external injuries, internal swabs, DNA swabs and blood tests.

If you are a female victim, you may be able to request that a female member of staff conducts your examination.

If the examination is to be used as part of a police investigation, a verbal statement and/or photographs may also be taken and recorded. The hospital should report the results of your examination to the police officer in charge of the investigation.

The Foreign, Commonwealth and Development Officer provides consular assistance to people in Somalia remotely from Nairobi. This means that we will not be able to accompany you to the hospital. However, you will always be able to speak to consular staff on the telephone on +254 (0)202 873 000 or +254 (0)202 844 000.

Treatment

Treatment for potential exposure to HIV can be difficult to access in Somalia. HIV post-exposure prophylaxis (PEP) medication (a treatment that can prevent HIV infection) is not available in local pharmacies. It is closely monitored and can only be access through medical centres run with the support of UN agencies.

PEP may be available at the following medical facilities:

• Banadir state: Banadir Hospital and Medina Hospital, Mogadishu
• Galmudug state: Xanaano Hospital, Dhuusamareeb
• Jubaland state: Kismayo General Hospital, Kismayo
• Southwest state: Bay General Hospital, Baidoa
• Puntland: Caraafad Hospital, Burco

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 when you return to the UK

Emergency contraception is not available publicly. It is only available on referral from a medical practitioner, where both partners are present and have proof of marriage.

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

You will need to pay for any medical tests or treatment.

If you have had medication administered abroad, you should keep the label or make a note of the name of the medication. You can then give it to your local health provider when you return home.

Police investigations in Somalia: what to expect

Usually, you will be expected to make a statement in front of the public prosecutor during the investigation. If you can’t attend, your lawyer will be able to file your statement on your behalf.

You will usually be expected to pay for a lawyer if you want one to represent you during the investigation or court process. You may wish to consult details of English-speaking lawyers produced by the Foreign, Commonwealth and Development Office.

Before an arrest can be made, you will usually have to identify the person who assaulted you.  

If the police make an arrest, the suspect should appear before a public prosecutor and can be detained for a maximum of 60 days while further investigations are made. A prosecutor can ask the court for the suspect to be detained for a further 60 days if necessary to conclude investigations. If the police can’t find enough evidence, the suspect may be released. A rape suspect must stay in police custody during the investigation.

You can leave Somalia once your case has been filed.

Court procedures in Somalia: what to expect

Court proceedings in Somalia can be lengthy and you will usually be expected to testify in person.

The state will assign a prosecutor to your case. You can also appoint a private lawyer to represent your interests. A private lawyer won’t be allowed to speak during criminal proceedings in court, but they will be able to give you legal advice. Engaging a private lawyer can also help you obtain updates on the progress of your case. The British High Commission will not be able to obtain updates on your behalf.

You can drop the charges you have made at any time without any penalty. However, the courts may demand that criminal proceedings continue without your involvement, especially if there is evidence that a crime has been committed, beyond reasonable doubt.

The suspect may be able to start a counter-suit, claiming false accusations. If they are found not guilty, their counter-claim will usually be upheld.

Additional legal information

Taking your case to trial

The Attorney General will decide whether your case will proceed to trial. Your case should come to trial if there is sufficient evidence that a crime has been committed, beyond reasonable doubt.

Remember that for your case to proceed to trial, you must have reported the attack to the police within two days, in Somali (with the help of a translator if necessary).

Trial procedures

If your case proceeds to court, you will usually be required to attend every court hearing and to testify in person. It may be possible for you to testify by video link from outside Somalia, but this will depend on the circumstances of your case. You should receive adequate notice of any trial dates.

There are specific provisions in Somali law to protect vulnerable people when giving evidence. The court can order that the trial is held behind closed doors if there are security concerns for anyone involved.

You will usually be required to pay your accommodation and travel costs.

The trial will be conducted in Somali.

Hiring a lawyer

A private lawyer can represent your interests, give you legal advice, provide updates on your case and submit a civil claim to the courts. However, they will not be allowed to speak during criminal proceedings in court.

You will be responsible for the costs of a privately-hired lawyer. You should ask for an estimated fee, and you should agree in advance whether you will pay your lawyer in advance, or in instalments.

Lawyers who specialise in rape and sexual assault are not common in Somalia.

You may want to consult our list of English-speaking lawyers in Somalia.

Communication

The Somali authorities should communicate with you throughout your case. However, getting updates without a lawyer may be difficult.

To receive updates, you will be required to provide a local address. If you do not live in Somalia, a local lawyer may be able to help.

Legal aid

Legal aid can cover the costs of legal advice.

In theory, the district police department can provide legal aid if you have been the victim of a rape or sexual assault. You may also be able to access legal aid through local or international organisations providing humanitarian support.

For details of organisations that may be able to help, contact the British High Commission in Nairobi.

Sentencing

The penalty for rape and other acts of sexual violence committed outside of marriage is between 5 and 15 years imprisonment.  

If the suspect is found guilty, they will have the right to appeal the verdict within 30 days.

If the suspect is found not guilty, all charges will be dropped and they may be able to pursue a counter lawsuit.

Compensation

You may be able to request compensation as a civil party during a trial. To do this, you would need to file your compensation claim before the conclusion phase of the trial.

A privately-hired lawyer can submit a civil claim application to the courts.

There is no state-funded compensation scheme for victims of rape or sexual assault in Somalia.

Support organisations in Somalia

It is your choice to let people know about your experience. If you want to talk about what has happened to you, the British High Commission in Nairobi may be able to provide details of organisations in Somalia who can support you.

When you return to the UK

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 where the assault took place.

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.

Location	Service
England	NHS Choices website, or search online for ‘NHS SARC’
Scotland	Archway SARC, or phone 0141 211 8175
Wales	New Pathways SARC, or phone 01685 379 310 Ynys Saff Sexual Assault Referral Centre - Cardiff and Vale University Health Board
Northern Ireland	Rowan SARC Northern Ireland, or phone 0800 389 4424

Disclaimer

This information has been prepared by UK Government 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 the UK Government 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 (2 February 2022).