Guidance

Information for Victims of Rape and Sexual Assault in Zambia

Published 22 February 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.

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: Visit the One Stop Centre (OSC) at your nearest hospital - there are 60 OSC’s around Zambia. We have included the details of OSC’s in major tourist destinations at the end of this pack.

Alternatively, visit the Victim Support Unit (VSU) at any Police station within Zambia. VSU is a Police unit mandated to investigate, arrest and prosecute all cases involving and committed against spouse, women, children and the elderly. The Unit also provides counselling to both victims and perpetrators of Gender Based Violence(GBV).

You can contact:

• the international emergency number on +44 20 7136 6857
• your tour operator if you are travelling with one
• your nearest British High Commission on +260 211 423200

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 Zambia

If you choose to report the crime, try to do so as soon as possible, so forensic evidence can be retained.

The best way to report a rape or sexual assault in Zambia is to visit an OSC. OSC’s aim to provide services to victims that include:

• counselling
• medical support
• sexual and reproductive health information
• police liaison services

If you visit an OSC, you can normally give a statement to a police officer at the same time as accessing medical support. OSC’s are located in major cities and towns in Zambia at public hospitals. In more remote areas, you can visit any health clinic that would be able to signpost you to the nearest OSC. We have been told that OSC’s are open from 9am to 5pm from Monday to Friday, although hours may vary depending on where you are. Outside of these hours, you can visit your nearest police station or hospital that will be able to assist you.

If you cannot access an OSC, you can report directly to the police. You can do this by visiting the closest neighbourhood police post or police station. At this initial reporting, you will be asked to give a brief description of what happened, and the police shall register your complaint. You will be given a Police Medical Examination Report Form to take to the nearest hospital or one stop centre. This form can only be taken to a government funded hospital and is an important piece of evidence.

A medical practitioner will examine you and complete the form. Based on the investigations carried out by the police, the State can decide to prosecute the case. If your case reaches trial, the medical practitioner who fills in the form is often asked to testify to their report.

After a medical practitioner has signed the form, it will need to be taken to a Victim Support Unit (a specialised unit within the Zambian police for handling cases involving sexual violence) or bigger police station. Another police officer will take a fuller statement and open a criminal case (known as a “docket”). You may need to take the Medical Form to and from the police post/ station, hospital and VSU as there are often delays moving paperwork between the different organisations.

If you go to a neighbourhood police post to report the crime, ask that they contact a Victim Support Unit (VSU) or social welfare officer who can support you through the process of reporting the crime and accessing OSC services. A victim support or social welfare officer may not be available in all areas out of hours, however, one should be allocated to you when you report the crime.

If you report the crime over the phone, there may be a delay or no response from police. If/when police respond, they may ask that you provide transport for them to collect you, depending on your location. We recommend visiting an OSC or a police station over phoning the police.

Wherever you make the report, you can ask for a police officer of the same gender, however, not every police post or station will be able to provide this. The collection of evidence from you such as clothes, varies across Zambia and is dependent on the resources available and the knowledge of police officers.

Washing yourself or your clothes may make it difficult for the medical practitioner or police to obtain forensic evidence, but even if you preserve evidence, forensic capability in Zambia is limited. 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 text messages and any other material that might be used as evidence.

If you approach the police directly, you can also ask them to inform the nearest British High Commission on +260 211 423200 and they can offer you consular support. If you are in an area where there is a 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. If you are a long way from us and we cannot get to you, we will try to liaise with local police via telephone. Let us know if you have any difficulties and we will speak with the police.

You can report the crime using Talk to Loop with or without giving your name. Talk to Loop provide support to victims of rape and sexual assault by assisting with reporting rape to police. They also offer guidance on how to navigate legal services. They can also signpost you to counselling and emergency housing. You can contact Talk to Loop 24/7 via SMS, WhatsApp, their app, Facebook as well as through their website.

If you have a tour operator, they should be able to arrange for someone to support you.

There are no legal risks to reporting rape and sexual assault in Zambia. Zambian law recognises non-consensual penetration by a penis as rape. In addition, attempted rape is also punishable under the law. There are lesser sexual offences covering sexual assault such as indecent assault where penetration with a penis did not take place. Zambia recognises male on male rape as a crime, if penetration with a penis has taken place. Female on female rape may be covered by a lesser sexual assault charge.

Homosexuality is illegal in Zambia under sodomy laws. Negative perceptions of homosexuals might mean police are less likely to take an allegation of same gender rape seriously. If you disclose you are homosexual, you may be at risk of being prosecuted under sodomy laws, although this is uncommon as the law mainly borders on punishing persons of the same sex that are found engaging in sexual intercourse.

There is a national framework around what you should expect when you report a rape or sexual assault wherever you are in Zambia. However, application of this framework depends on the experience of the police officers you speak with, which vary across the country.

3. If you do not want to report the incident to the police in Zambia

You can decide whether you want to report the rape or sexual assault to the police. Hospitals and other service providers are not obligated to report on your behalf. If you do not report the matter to the police, your case will not be investigated.

If you choose not to report the rape, you can still access medical care and treatment from any hospital. However, in some instances, hospitals may refuse to attend to you until you report the incident to police. In government hospitals, you may have to pay for administrative fees but will not be charged for tests for HIV, pregnancy, hepatitis and other sexually transmitted diseases if you tell them you have been raped. If you visit a private hospital or clinic, you will be required to cover all costs either through your insurance or personal funds. You should get medical assistance as soon as possible as some treatment is time sensitive.

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 to the UK and/or provide you with information on local support in the UK and in Zambia.

We can also provide you with lists of English-speaking lawyers.

You can also report the incident to your tour operator, if you’re travelling with one. They may be able to help you, including accompanying you to the local hospital.

4. 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 British High Commission or consulate or the Foreign, Commonwealth & Development Office in London on +44 20 7136 6857.

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 the Zambian Police Services to decide whether to investigate a crime in their jurisdiction. For sexual offences, Zambian Police require an in-person statement to be given and your availability to testify in court.

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.

5. At the police station

A criminal case or docket can be opened by an OSC, a Victim Support Unit or any larger police station. Whichever you choose, you will need to ensure that you have the Police Medical Examination Report Form completed by a doctor/ clinical officer during your medical examination. We recommend that you or a lawyer take responsibility for ensuring this form is in the right place. Do not rely on service providers to take the form for you.

You will be asked to give a statement. This will be a full account of:

• what happened
• where the crime took place
• what you were wearing
• description of the perpetrator
• details of any witnesses

The officer will turn this into a written statement that you will be asked to read and sign. Ideally, the police officer will have collected evidence from other places you have reported to (such as the initial police post or the hospital) and the statement will include an inventory of all evidence that has been collected. This may not always happen and you are advised to keep track of what evidence has been collected from you and where it is. You may find it helpful to take photographs of all documents using your mobile phone.

In Zambia, police statements are written in English. If you speak another language, Zambian police must give you the statement in a language you understand. This may take time, depending on the language, or may not be available. You will be given a copy of the report to keep, which should contain all the details of the incident and where it was reported. Make sure you keep this report as you will need to present it whenever you inquire about your case and if the case goes to court. It is also important to take note of the police officer who takes your statement as they usually become the arresting officer.

When police are taking a statement, they must legally ensure that you have a safe place to return to. This might include helping you to apply for a Protection Order at court or access a place of safety such as a women’s shelter. There is huge variation in the knowledge that some officers have about these provisions, therefore, please ask for a referral to a social welfare officer or victim support officer if you need this kind of support. Talk to Loop is a good resource for finding places of safety as they have a list of registered shelters. There are more resources in cities and major towns compared to rural areas.

Small police posts may not have many options for you to be seen in a private room and the level of privacy you get can vary. Tell the officer if you think you have been drugged as soon as practical, as some drugs can leave your system within hours. The police officer is in a position to help you obtain medical treatment, access a place of safety and support you in preserving evidence.

Reporting sexual assault or rape in Zambia can be challenging. Zambia is a patriarchal society and views about women and how they should behave reflect this. This can mean that you may experience questioning by police that could feel blaming or dismissive if your report is deemed to fall outside of societal norms. It is important therefore, that sexual assault cases, where possible, are reported to a Victim Support Unit or OSC, where officers with appropriate training can be found rather than at the general enquiry desk.

A consular officer can escort you and support you during the police interview and you can request for assistance by calling +26 021423200 and choosing option 2.

The police in Zambia will not automatically inform police in the UK of the assault.  

The police in Zambia have to investigate any reported crimes of gender based violence, and pursue charges if there is enough evidence. This means that in law, investigations need to proceed even if you do not want them. However, whether or not police pursue an allegation will depend on police resources and public safety. There are some instances that you are allowed to withdraw your case. You would need to appear before a judge for them to decide. The Police or the courts do not encourage the withdrawal of GBV cases on any other grounds other than based on insufficient evidence.

You may be asked to return to the police station to identify the perpetrator if arrests are made. Identification of the perpetrator is normally done in person. However, you can request for this to be done remotely or via video. The police’s ability to accommodate this request will likely be based on available resources and in most cases, this facility is not available in Zambia.

If a suspect is arrested, the police will then handover the case and the available evidence to the National Prosecution Authority (NPA), who then make the final decision on whether or not there is enough evidence to prosecute. If the evidence is inadequate, the NPA will ask the police to reinvestigate and gather more information. However, if there is enough evidence, the matter will be referred to court for prosecution. A prosecutor will be automatically allocated by the NPA, and you may wish to retain a lawyer to monitor the progress of the case. The NPA has a dedicated desk for the prosecution of GBV cases. However, there is often long delays between the matter going to the NPA and proceeding to court.

6. The medical examination: what to expect 

You can visit any hospital that is nearest to you, to get a medical examination done, following a rape or sexual assault. Larger hospitals will have a designated OSC that deals with gender-based violence and are better placed to offer a comprehensive medical examination.

A clinical officer or gynaecologist, together with a nurse and other auxiliary staff will conduct your medical examination. This may include general inspection of your whole body, checking for injuries from penetration as well as taking blood pressure, pulse and temperature. Your genitals will be inspected, which may include a colposcopy (internal) examination.

During your examination, blood tests will be conducted to check for exposure to viruses such as HIV, HBV, Hepatitis and other sexually transmitted infections (STI). If you are a woman of child-bearing age, a pregnancy test will also be conducted.

Emergency contraception and/or post-exposure prophylaxis (PEP) should be given within 72hrs of the incident for it to be effective, this is offered free of charge in government hospitals.

Depending on circumstances, the medical practitioners may take anal, vaginal, oral and urethral swabs as well as medical imagining such as ultrasound, CT scan or MRI. Government hospitals may have limited resources to take imaging and if you are in a small town, you may be asked to travel to a bigger hospital to have all the medical investigations completed. The hospital will try to ensure a person of the same gender is conducting the examination if you ask for this, but it might mean a long wait.

Following the medical exam and investigations, the national policy dictates that you should be informed of the results of tests for HIV, pregnancy or any other relevant test results.

If your HIV test is negative, you should be offered post exposure prophylaxis (PEP) and a further test arranged no more than 28 days after the incident. PEP is widely available with a prescription in clinics, pharmacies and all major hospital and is free to victims of rape. 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.

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.

7. Court procedures in Zambia: what to expect

Only a small proportion of reported rape and sexual assault cases make it through the court process and an even smaller number result in convictions. According to a recent study in Zambia in 2018, only 30% of all reported sexual assault were taken to court and of these, only 12.9% resulted in a conviction.

In criminal cases, the state acts as the main complainant, thus the case will be between the State (the people) and the accused. You can appoint your own lawyer to co-prosecute with the State. However, they will have the same powers as the State, although there may be minor differences in the time and resources they may allocate to your case. There are no specially trained lawyers in rape and sexual assault in Zambia, but there are many criminal lawyers who can represent you.

The time it takes for your case to come to court will vary due to resource issues and court caseloads in Zambia. It may take months or years for your case to be heard in full.

The State must prove beyond ‘reasonable doubt’ that the accused is guilty. This means that the accused may not be found guilty even when you know that they are guilty. The accused is entitled to a defence and will, during court, bring forward their own evidence. 

You will be required to give a testimony during trial. You can request for your evidence to be done via video link, but this is often impractical due to resourcing issues.

Since the State is the main complainant in criminal cases, you are not required to file any paperwork before or during court processes. Your sole role is to give testimony at the trial. Your prosecutor will keep you updated with the status of your case and periodically check how you are doing. Your prosecutor should be able to talk through what to expect at court and tell you the days you will be required to attend. Due to resourcing issues, you should contact your prosecutor regularly as they may not have capacity to keep you informed.

Before your court appearance, you will have an opportunity to discuss your statement and make any amendments that are required. You can request for your testimony to be heard in a different room to the accused, however, this may not always be possible depending on the size of the court. The trial will be conducted in English and possibly interpretation through a court interpreter, if the accused is not fluent in English.

On the day of the trial, it is highly likely that you will see the accused. It is important to ask for help from the Victim Support Unit or your prosecutor to avoid this as much as possible.

During trial, the defence are permitted to cross examine you. The accused can also choose to represent themselves and in this case, may be the one cross examining you.

Zambian media may be present at court proceedings and report on the case. Media are not allowed to disclose the names of victims and minors or take pictures during court proceedings, but that this may not always be adhered to. Some victims have experienced disclosure of their names and addresses in media.

The magistrate will give a verdict after hearing all evidence with due consideration for the evidence, circumstances of the case and the law. Zambia does not have a jury system, so a single magistrate will decide on your case.

If the accused is found guilty, the magistrate at Subordinate court may determine how long the accused spends in prison or refer the case to the high court for sentencing. The minimum sentence for most sexual offences is 15 years with hard labour. The subordinate court does not have the jurisdiction for sentences that are above 9 years, therefore, some cases may be referred to the high court. However, the Magistrate may still carry out a sentence on lesser sexual offences such as indecent exposure.

You are not entitled to any compensation even if the accused has been found guilty but, you can choose to sue the accused in civil court for damages.

If the accused is found not guilty, the matter is over, and the accused will leave the court. If new evidence becomes available after, this can be presented to the National Prosecution Authority who will decide on whether to appeal and pursue the case in a higher court. Putting forward new evidence on appeal is not a matter of right but lies in the discretion of the court.

Zambia has a dual legal system wherein statutory and customary law are recognised. Customary law is only permissible if it’s not contradictory to the rules of natural justice and does not conflict with statutory laws. Under the Anti-Gender-based violence law, customary courts are asked to refer any reports of GBV to statutory court.

8. When you return 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.

Location	Service
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 Ynys Saff Sexual Assault Referral Centre (SARC)
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 where the assault took place.

9. Additional Support Services in Zambia

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

One Stop Centres

Lusaka

Name	Address	Contact number
University Teaching Hospital (UTH)	Nationalist Road, Lusaka Province 10100	+260 211 251 451
Levy Mwanawasa Hospital	Great East Road, Munali, Lusaka Province 10100	+260 97 43330519
Mtendere Clinic

Livingstone

Name	Address	Contact number
Livingstone General Hospital	Akapelwa Street, Livingstone, 00000	+260 213 320 221

Ndola

Name	Address	Contact number
Ndola Central Hospital	Corner of Broadway & Nkana Roads Ndola ZM, 10101, Zambia		+260 212 612 590

Kitwe

Name	Address	Contact number
Buchi Clinic	Mushaba Road, Kitwe, Zambia
Kitwe Central Hospital	Kuomboka Drive, Kitwe, Zambia	+260 212 224 365

Kabwe

Name	Address	Contact number
Kabwe General Hospital	Kabwe Central, Kabwe	+260 97 6653561

Mazabuka

Name	Address	Contact number
Mazabuka District Hospital	T1, Mazabuka, Zambia	+260 97 7889839

Other

1. Talk to Loop - Zambia

• Address: 9 Mansansa Road, off Bwinjinfumu Road, Lusaka, Zambia
• Telephone number: +260976256521 or Text 4343 (free to text SMS)
• App: app.TalkToLoop.org
• Operating hours: 24-hour service
• Languages: Bemba, Nyanja, English, Lozi and Tonga

Reporting platform for all gender-based violence cases, coordinating response and action from various statutory bodies from police, medical, counselling and judiciary. Advocacy and advisory role to local government on gender-based violence.

2. YMCA

• Address: Plot 11880 Chilumbulu Road, Lusaka, Zambia
• Telephone number: +260 211 263 131
• Languages: English

Christian advocacy organisation that runs various programmes on youth empowerment and provide crisis shelter, counselling and rehabilitation programmes.

3. Sistah Sistah Foundation

• Telephone: +260 0763 886 462
• Languages: English, Bemba, Nyanja

Advocacy and activist collective of women who focus on sexual, gender-based violence and sexual reproductive rights. They can help you report rape or sexual assault to police and help you navigate the various systems in Zambia. They run a survivor’s support group and can help you find safe houses and support you to find a job.

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).