Guidance

UGANDA: Information for Victims of Rape and Sexual Assault

Updated 13 June 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; and

• 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 services on 999 or 112 (24/7 helpline);

• contact your tour operator if you are travelling with one;

• contact the British High Commission in Kampala on +256 (0) 312 312000 or use our online contact form. High Commission staff will be empathetic, non-judgmental, and will provide information on local police and medical procedures. Anything you tell them will be treated in the strictest confidence. They can also contact your family or friends if you wish.

If you want to report the incident to the police in Uganda:

• If you have a tour operator, they should be able to arrange for someone to support you. If you do not have a tour operator and you would like assistance from the British High Commission, we 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 on +256 (0) 312 312000 or use our online contact form.

• If you approach the police directly, you can ask them to inform the British High Commission on +256 (0) 312 312000 and we will offer you consular support. However, if possible we would suggest that you contact the British High Commission directly.

• If you choose to report the crime, try to do so as soon as possible so that 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.

• To report a crime you need to file a criminal complaint with the police.

• A police officer will enter details into a register and will usually draft a statement while interviewing you.

• Inform the police if you think you have been drugged.

• Any evidence you have relating to the crime should be handed over to the police.

• You will need to sign the complaint confirming the content of the statement is true.

• Once a complaint has been lodged, a criminal case file will be opened by the police, a criminal case reference number issued and an investigating officer assigned to the case.

• The police will send you to a medical examiner to conduct an examination following the assault.

• You will becomes a witness and will be required to participate in the investigation and testify in court if called upon. If you do not, your case could be dismissed.

• There is no specified time period in which a complaint must be filed. However, it is advisable, if possible, to report the crime within 24 hours at the nearest police station.

• Police officers speak English. There will be both male and female police officers to talk with.

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

• The British High Commission will be able to help you. This includes helping you to make arrangements to contact your insurance company, your family, travel back to the UK and/or provide you with information on local support in the UK.

• We can provide you with lists of English-speaking medical facilities and English-speaking Lawyers.

• If you are travelling with one, you can also report the incident to your tour operator and ask them for assistance. Where possible and if you wish, the tour operator may accompany you to the local hospital. 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. However, if the matter comes to the attention of the authorities through any other means, the state may choose to investigate and press charges against the perpetrator.

• If you do not report the crime, you can still get medically examined, but this may not be a forensic examination.

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 including Uganda, you need to report the crime before you leave the country if you want it to be investigated and police to obtain important evidence. In Uganda it is advisable to report the crime in-person.

• If you need help to report the crime, you can contact the British High Commission in Kampala on +256 (0) 312 312000 or if you’re in the UK, the Foreign, Commonwealth & Development Office in London on +44 (0) 20 7008 5000

• If you do not report the crime in Uganda 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 Uganda. 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 Uganda. This might be necessary in order to protect vulnerable people, or to stop more crimes being committed

Reporting the crime in Uganda - what happens next?

• You may make a statement after the incident at the nearest police station. This is voluntary and you have the right to decline to make a statement.

• As part of their investigation, police may interview witnesses, visit the crime scene, conduct an identification parade, use experts, conduct searches, use exhibits, as well as other measures. The timeframe for investigations can vary considerably.

• The police will ordinarily keep the clothes you were wearing as forensic evidence.

• If you change your clothes, think about taking the ones you were wearing to the police. They will keep them as evidence and give them to a forensic examiner. They may also take your bedsheets and any other clothing or jewellery that could be used as evidence. Any items taken from you that will not be used as exhibits during the trial will be returned to you once the investigation has concluded.

• The police will give you a Form 3A to submit to the medical examiner before the examination. Once the examination is concluded, the examiner will record the results on the form which they will return to the police to aid the investigation.

The medical examination – what to expect

• Victims of rape and assault in Uganda are encouraged to go to government medical facilities to receive treatment. This also includes the police doctor.

• Police doctors conduct sexual assault medical examinations. This generally includes a pelvic exam, vaginal/penile/anal swabs, head and pubic hair samples, fingernail scrapings, blood samples, saliva samples. Samples may be collected from your clothes, mouth and hair. The examination may also include an ultrasound scan and X-rays.

In practice, the medical examination is carried out by a medical/health practitioner (eg a clinical officer, registered midwife or a medical doctor) authorised by the police

• Consular staff may accompany you to the hospital if you wish.

Treatment

• Hospital medical staff can give you advice on HIV PEP medication (‘post-exposure prophylaxis’), a treatment that can prevent HIV infection. This can be prescribed and is available from government hospitals. More information on risks is available on the NHS website.

• 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 28day treatment on return to the UK.

• In Uganda, emergency contraception can be bought from local pharmacies or given to you at hospital as part of emergency treatment. It needs to be taken within 72 hours of the incident for it to be effective. Note that pharmacies may ask for a prescription if they believe you are below 18 years.

• You can make a claim for medical expenses through your insurance.

• If you have had medication administered overseas, you should keep the label or make a note of the name of the medication, so you can advise your local health provider when you return home.

Police investigations in Uganda – what to expect

• There is no specific requirement under Ugandan law for you to be taken to the crime scene. However, an investigating officer may take you to there if they think it will aid their investigation.

• The police will usually ask you if you didn’t know the suspect before the incident or where you are uncertain about their identity.

• The police may conduct an identification parade that will include individuals fitting the profile of the suspect. They will be assembled before you. The suspect will usually be included in the parade.

• Once an arrest is made, the suspect is usually detained and questioned by police.

• If the police consider that there is sufficient evidence to support the complaint, they will charge the suspect. A file containing the completed charge sheet and associated evidence will be forwarded to the Resident State Attorney for further advice.

The suspect will then either remain on remand pending further investigation and prosecution of the charge or be released on police bond, in which case they will be required to report to police on specified dates for the duration of the bond.

• The office of the Director of Public Prosecutions (DPP) evaluates the evidence and determines whether it will support the charge in court. If the evidence is sufficient, the DPP will file the charge sheet in court.

• The DPP may also amend the charge sheet if another charge is better supported by the evidence. If there is insufficient evidence, the DPP may direct the police to conduct further investigations.

• When the charge sheet is filed in court, the accused goes to court to make a plea.

• Your statement will be made and recorded by the police at the time of conducting their investigation.

• If you choose to appoint a private lawyer and you want them to have access to your case file, they should ask the DPP to be placed on a watching brief. This means that they can observe court processes on your behalf and have access to documents related to your case.

• Costs of prosecution are met by the State.

• You may leave Uganda once your case has been filed, but to help with successful prosecution it is important that once the trial starts you are present in the country.

Court procedures – what to expect

• The accused is presented before court, and the charge is read out and explained to them. They then make a plea. If they plead guilty, the case is fixed for judgment and sentencing.

• Once the accused makes a plea, they are told of their right to apply for bail. If this is not granted, they are remanded into police custody.

• It is not mandatory for you to testify in court during the trial, but if you do agree to do so, you will usually need to give your testimony as a witness for the State during the hearing of the Prosecution’s case

• You can apply to the public prosecutor to use a visual-audio link without physically appearing in court

How can my case be taken to trial?

• Criminal offences are considered to be offences against the state. State prosecutors from the DPP therefore usually handle criminal prosecutions. A private lawyer may seek permission from the court to represent you.

• You can also get a private lawyer to follow the case on your behalf and keep you updated on progress.

• You do not need to file anything in court, this is down to the DPP. You only need to file a complaint with the police and make a statement.

Trial procedures

• The DPP may inform you when the trial starts, but is not required to do so. The DPP may also notify you of the dates you will be required to appear in court to give testimony.

• The trial will be conducted in the English

• You are not required to be present at every court session. You only need to be in court on the dates you need to give testimony.

• Although the law allows for the court to hear a case by visual-audio link, they do not always have the facilities available to use.

• The Ugandan authorities will not normally offer financial assistance with your travel and accommodation, but the DPP may help in making arrangements.

• The authorities may provide you with security if they have concerns about your safety.

Hiring a lawyer

• You can hire a private lawyer who will:

• protect you against future claims for defamation or malicious prosecution by ensuring that the evidence on file is sufficient to proceed to a trial.

• ensure that the criminal process is carried out professionally.

• potentially assist the prosecutor with presentation of evidence, selection of witnesses and preparation for examination of witnesses.

• assist the prosecutor in preparation and prosecution of the case.

• A private lawyer may also apply to the court to bring a private prosecution.

• You can find a list of English-speaking lawyers here.

Communication

• The prosecutor will handle your case and is responsible for communicating with you.

• This usually happens when you need to give testimony in court. The prosecutor will get in touch to prepare you for questions in court.

• You do not need to give a local address, but if you do you will need to ensure that you are able to quickly access any information sent there.

• If you don’t have a lawyer, the DPP or the public prosecutor can still update you on the case.

Legal aid

• Legal aid is not automatically available to you. You will need to submit an application to a legal aid provider using Form III in the Schedule to the Advocates (Legal Aid to Indigent Persons) Regulations 2007. This will be considered by a legal aid provider and take into account a range of factors, including your financial circumstances.

• Legal aid may extend to legal advice or legal representation in court, but this is at the discretion of a legal aid provider.

• Payment for a lawyer’s services is agreed between you and your lawyer, but they usually charge a deposit prior to the case going to court.

Sentencing

Passing a sentence is aimed at denouncing unlawful conduct; deterring a person from committing an offence, separating an offender from society where necessary, assisting in rehabilitating and re-integrating an offender into society, providing reparation for harm done to a victim or to the community, promoting a sense of responsibility by the offender, acknowledging the harm done to the victim and the community. Sexual offences are categorised as offences against morality.

• Judges can pass the following sentences in respect of sexual offences:

  • A maximum penalty of death (only in respect of the offences of rape, aggravated defilement and detention with sexual intent);

  • Imprisonment: from three years to life imprisonment.

If the alleged perpetrator is found not guilty, they will be acquitted by the court. However, the State may choose to appeal the acquittal in a higher court.

Compensation

• The court may order an offender to pay you compensation for any physical, sexual and psychological harm.

• The court may however order that a compensation claim is brought by you in a civil action against the accused.

• There is no state funded compensation scheme to cover physical or psychological injuries suffered as a result of a violent crime that apply to foreign nationals.

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

Region

Contact details

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

https://cavuhb.nhs.wales/our-services/sexual-health/services-provided/ynys-saff-sexual-assault-referral-centre/

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 Uganda

Hope after Rape is an organisation operating in Uganda designed to help victims of sexual assault and rape.

hope_after_rape@yahoo.co.uk

+256 392 945397

Hoima Road (Badiru road,Nansana Town council)

P.O. Box: 7621

Kampala, Uganda

CEDOVIP - Center for Domestic Violence Prevention (cedovip.org)

Plot 16, Tufnell Drive, Kamwokya, Kampala, Uganda

+256 (0)41 4531249

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).