Brunei: information for victims of rape and sexual assault
This information is provided to help British victims of rape and sexual assault overseas make informed decisions.
Introduction
If you have been sexually assaulted, it is 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.
This information is provided to help British nationals overseas make informed decisions about whether and how to:
- seek medical advice and attention
- report to the local police
- engage with foreign legal authorities following a rape or other forms of sexual assault overseas
For information on support available in the UK, see Rape and Sexual Assault: Returning to the UK.
Definition of rape in Brunei
Rape under Brunei Criminal Law is defined as sexual intercourse with a woman under the following circumstances:
(a) against her will
(b) against her consent
(c) with her consent, when her consent has been obtained by putting her in fear of death or of hurt to herself or any other person
(d) with her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is, or believes herself to be, lawfully married
(e) with her consent when the man is in a position of trust or authority towards the woman or is a person with whom the woman is in a relationship of dependency; or
(f) with or without her consent when she is under the age of 14 years old
Brunei Criminal Law recognises marital rape under (a) and (b) above.
Under Sharia law, rape (zina bil-jabar) is defined as sexual intercourse with a woman or a man in the following circumstances:
(a) against his or her will
(b) without his or her consent
(c) with consent obtained through fear of death or hurt
(d) with consent obtained the offender knows that the offender is not validly married to the victim and that the consent is given because the victim believes that the offender is another person to whom the victim is validly married or the victim believes herself or himself to be validly married to the offender
(e) if the consent is given by person under a misconception of fact and the person doing the act knows, or has reason to believe that the consent was given in consequence of such misconception; or
(f) if the consent is given by a person who, from unsoundness of mind or intoxication, is unable to understand the nature and consequence of that to which he gives his consent or if consent is given by a person who has not attained the age of puberty
An accusation of rape (qazaf) also carries a separate offence under Syariah law.
Brunei Criminal law does not specifically define sexual assault. However, Brunei Criminal Law does include an assault or criminal force to a person with the intent to outrage modesty of that person. Thus in practice, sexual assault will fall under assault or criminal force to a person with the intent to outrage modesty of that person.
In Brunei Criminal law, rape is a gender-centric offence, which means, in law, only a woman can be said to have been raped. However, sexual assault against a man too is an offence, albeit carrying a generally lesser penalty in law.
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 police on 993
- contact your tour operator if you are travelling with one
- contact the British High Commission in Kuala Lumpur on +673 222 2231. This number is available 24/7. Consular services in Brunei are provided by the British High Commission in Kuala Lumpur
High Commission staff will be empathetic, 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 Brunei
Before you go to the police station
If you have a tour operator, they should be able to arrange for someone to support you. If possible and where timing and location allow, the British High Commission will try to send a consular officer to support you. You will 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 nearest British High Commission at +673 222 2231 and they can offer you consular support.
You may go to any police station in the country to lodge a report. For more information on the nearest police station, see Brunei’s police website.
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, take those you were wearing to the police. It is best for you to preserve evidence by retaining items such as condoms, toothbrushes, or texts.
At the police station
Tell the police if you think you have been drugged.
You will need to make a statement about the incident, including a description of the assailant.
You can give your report in English, and insist on your copy. Usually, when the report is given in English, the officer assigned to investigate the matter would be English-speaking.
The Royal Brunei Police Force will formally inform the British High Commission of the crime.
A trained member of British High Commission staff will accompany you to the police station and/or to the hospital if there is a need for support.
You will not automatically be assigned a lawyer. You may wish to appoint one. See list of English-speaking lawyers.
The police will take you to the local hospital for a forensic examination.
After making a statement
Once a police report is made, the police report will be directed to the Women and Child Abuse Criminal Investigation Unit, Royal Brunei Police Force.
The Investigating Officer will open an investigation paper based on the police report. The Investigating Officer may interview witnesses, suspects and may also ask you to provide further statement at the police station. Your statement will be recorded by the Investigation Officer.
The Investigating Officer may also require you to surrender all evidence including clothes and your mobile phone. If you have not undergone any medical treatment or examination after the alleged rape, the investigating officer may accompany you to RIPAS Hospital where a doctor will conduct the medical examination/treatment.
The Royal Brunei Police Force will record and preserve evidence. They will determine whether there is sufficient evidence for the matter to be referred to the Attorney General’s Chambers for the prosecution to take further action. If the Royal Brunei Police Force determines that further investigation is needed, they may conduct further investigation before referring the matter to the Attorney General’s Chambers.
An Assessment Committee comprising officers from the Attorney General Chambers, Ministry of Religious Affairs, Syariah Prosecution Office and Royal Brunei Police Force will assess the evidence gathered by the investigating officer and direct the case to either the Attorney General or Chief Syariah Prosecutor.
Once the matter is referred to the Attorney General’s Chambers, the assigned prosecuting officer may conduct an interview with you. At this stage, the Attorney General holds the authority to decide whether to proceed with criminal legal proceedings against the assailant.
If the Brunei authorities arrest an assailant, they will be brought before a Magistrate within 48 hours.
If the case is referred to the Syariah Court, the Chief Syariah Prosecutor has a similar procedure to that of the Attorney General’s Chambers - the Syariah prosecuting officer may conduct interview and determine whether to proceed with syariah proceedings.
Prosecution under the Syariah Court for rape is rare.
If you do not want to report the incident to the police in Brunei
It is your choice as to whether to report the crime. You have to report the crime in Brunei for it to be investigated.
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 back to the UK and/or
- providing you with information on local support in the UK
They can provide you with lists of English-speaking medical facilities and lawyers.
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.
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 for the police to obtain important evidence.
If you are staying in Brunei, you should report the crime in the country. If you are a British national and need help to report the crime, you can contact British High Commission at +673 222 2231, or the Foreign, Commonwealth & Development Office in London.
If you do not report the crime in Brunei 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 officials in Brunei. However, it is for the Brunei police force 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 the police Brunei. This might be necessary to protect vulnerable people, or to stop more crimes being committed.
Medical examination: what to expect
If you have been sexually assaulted you should consider getting medical help as soon as possible.
Consular staff or anyone you choose can accompany you to the hospital.
List of medical facilities in Brunei.
Treatment
If it is possible that you may have been exposed to the HIV virus, you should go to a hospital urgently to obtain “Post-Exposure Prophylaxis (PEP)”. PEP treatment may stop HIV replicating in the body and prevent the virus from attacking the immune system (Treatment Post Exposition – TPE). This can be prescribed at any hospital. 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 28-day treatment on return to the UK.
Most emergency contraception need to be taken within 72 hours of the incident for it to be effective – depending on the brand.
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 can let your local health provider know when you return home to the UK.
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.
Sexual Assault Referral Centres (SARC) offer medical, practical and emotional support. They have specially trained doctors, nurses and support works to care for you. Find your nearest SARC online.
For information on support available in the UK, see Rape and Sexual Assault: Returning to the UK.
| Region | Organisation |
|---|---|
| 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 | |
| Cardiff and Vale University Health Board - 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 Brunei.
Support organisations in Brunei
It is your choice to let people know. If you are ready to talk about it, these organisations may be able to help you.
Department of Community Development
- provides advice for victims/survivors of abuse and exploitation
- welfare line,, dial 141 - available 24 hours a day
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 FCDO nor any official of the Embassy/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).