Fiji: information for victims of rape and sexual assault
Information for British nationals who are victims of rape or sexual assault in Fiji.
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/or
- the court process in the event that someone is identified and charged for the incident
For information on support available in the UK, see rape and sexual assault: returning to the UK.
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 seek help.
First steps
It is your choice about what you do next, but this information may help you in deciding. The most important thing is to make sure that you are as safe as you can be. You can:
- contact the local emergency number on 917 for police or an ambulance
- contact your tour operator if you are travelling with one so that they can assist with contacting the British High Commission or relevant authorities
- contact the British High Commission in Suva on +679 3229100. High Commission staff will be empathetic and non-judgmental, and can assist with putting you in touch with local police and nearby hospitals/medical centres. Anything you tell them will be treated in the strictest confidence. They can also contact your family or friends for you if you wish
If you want to report the incident to the police in Fiji
Before you go to the police station
If you approach the police directly, you can also ask them to inform the British High Commission in Suva on +679 3229100 so that they can offer you consular support. You will always be able to speak to trained consular staff on the telephone 24/7. If you wish (and time and location permits) we can also arrange to visit you and provide you in-person support at the police station.
If you choose to report the crime, try to do so as soon as possible, so forensic evidence can be retained. You must report the crime in Fiji before returning to the UK if you want it to be investigated.
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 that you were wearing at the time of the incident with you to the police. You may wish to preserve evidence by retaining items such as condoms, toothbrushes, or texts and social media messages.
At the police station
Tell the police if you think you have been drugged.
Ask for a police report, and request a translation in English if applicable.
Victims of rape and sexual assault do not run risks of reporting the crime to the local police in Fiji. Extramarital sex and drinking are not crimes in Fiji.
You can request an officer of a particular gender and most police officers are capable to converse in English.
The police officer will immediately contact the Sexual Offence Unit (SOU) for a trained officer to visit the station and take your statement. The receiving police officer will immediately take you to a safe room away from the counter. The Tourism Police Unit (TPU) will then work with the Sexual Offence Unit on progressing the investigation.
Police may keep items such as clothing or electronic equipment which may be evidence of your attack to present to a forensic examiner. The police officer from the Sexual Offence Unit will contact a nearby hospital or medical clinic and accompany you for medical assessment to provide support. During this time you will also be counselled and provided a rape and sexual assault kit.
During the interview with the police, you will be asked questions to help them conduct their investigation. This usually includes making a statement about the incident and giving a description of the perpetrator(s).
After making a statement
You will be taken to a nearby hospital or medical clinic for medical and physical examination by a doctor. The police officer will inform the doctor at the clinic who will then conduct an examination.
You should insist on getting a document (or letter) from the police confirming that you have reported the crime, with a police reference number and the contact details of the officer in charge of the investigation, so that you can follow up with them later.
Consular staff can refer you to local support service such as Lifeline, Women’s Crisis Centre, and Counsellors.
The police will ask you for a formal identification such as your passport, which will be returned to you as soon as your identity has been established.
If the perpetrator is identified and charged by the police (following a caution interview) then the case will be referred to the Office of the Director of Public Prosecutions (ODPP) who will then handle the court proceedings, The ODPP will assign a prosecutor who will contact you to give oral evidence to the court if the matter proceeds to trial.
The police will seek to identify the attacker and also the location of the attack. If you are unsure of the location, they might take you to the area where you think it might have happened to get a clearer idea.
It is possible that the police will ask you to identify the suspect, but this would normally be done using photos.
If the police make an arrest, the accused can be remanded in custody for 24 hours, which can be extended to 48 hours on the authorisation of the public prosecutor. The public prosecutor from the nearest high court is the lead in the initial stage of all police investigations.
After the period of police custody, the suspect will either be released or evidence presented to the public prosecutor, who will decide whether the case can be prosecuted, or whether further investigation is needed. In the event of an investigation, the accused might be released with a summons to appear in court, granted bail or detained further by the court.
If you do not want to report the incident to the police in Fiji
Consular staff will still be able to help you. This includes helping you to contact your family and friends, insurance company, 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 and lawyers.
If you are travelling with a tour operator, you can also ask them for assistance. If you wish, the tour operator may accompany you to the local hospital. Depending on location and timing, a member of consular staff may also be able to accompany you if you wish.
If you do not want to report the incident to police, you can still access medical treatment, including a forensic medical examination at the hospital. It is your choice whether you decide to report what happened to the police. However, if you don’t report the incident, your case will not be investigated. For the incident to be investigated, you will need to report the incident to the police so that they can take your statement before you leave Fiji.
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 incident. In many countries, you need to report the incident before you leave the country, if you want it to be investigated and police to obtain important evidence.
If you are staying in Fiji, report the incident in the country. If you are a British national and you need help to report the incident, 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 Fiji 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 Fiji. However, it is for foreign police forces to decide whether to investigate a crime in their jurisdiction and they may not take action if they are not able to obtain a statement from you and may wish to discuss your statement in person.
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 Fiji. This might be necessary in order to protect vulnerable people, or to stop more crimes being committed.
Medical examination and treatment: what to expect
All hospitals and medical centres in Fiji treat victims of rape and sexual assault and will automatically report the results of any examination to the police.
The examination will be carried out by the doctor who is on duty at the time.
The examination will include a complete physical examination followed by questions regarding the incident which will be included in the medical report.
They will check for any external injuries, do DNA and STD tests. Photographs will not be taken but they do draw sketches and record where the injuries are on the complainant’s body.
Whilst a female member of the medical staff will usually be present, you can also request for a support person or female staff to be present during the medical examination.
If you are in an area near the British High Commission, they will try to send a consular officer to support you, where timing and location allow. You will always be able to speak to a trained consular staff on the telephone 24/7.
Treatment
Hospital medical staff give advice on HIV PEP medication (‘Post-exposure prophylaxis’, a treatment that can prevent HIV infection).
HIV PEP medication needs to be taken within 72 hours of the incident for it to be effective. The NHS may commence or continue the 28-day treatment on return to the UK.
You can get emergency contraception at hospitals and pharmacies. It is free for minors however, you may need to check with the hospitals. A prescription or medical referral is not needed.
Emergency contraception needs to be taken within 72 hours of the incident for it to be effective.
Local Public hospital treatment and tests may be free of charge if taken directly after filing a police report. If you want to go to a private clinic for treatment, a payment for the service may be required.
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.
Court procedures: what to expect
The case may be tried either in the High Court or the Magistrates Court depending on the severity of the offence. If the case proceeds to trial, the ODPP lawyer assigned to your case will inform you of the trial date as you may be summoned to appear in court to give oral evidence based on your statement given to the police.
The ODPP case lawyer will explain to you the court procedure. If you wish to bring someone as a support person to the trial you can, or if you wish you may ask the DPP Lawyer to arrange for a support person for you.
Depending on the evidence gathered during the police investigation, the Director of Public Prosecutions (DPP) may decide not to proceed with the charge(s).
If the trial proceeds, you may be summoned to testify in court. You may be able to testify online by video from the UK, but this is not always possible. We recommend that you discuss this with the ODPP lawyer assigned to your case.
If you wish to return to the UK you must discuss with your DPP lawyer the trial dates and requirements for your attendance or if it is possible to testify by video from the UK. The ODPP may, at its discretion, decide whether to proceed with your case or not. You may constantly follow up on the progress of the matter.
The accused may also apply for bail pending trial. If you are still in Fiji and are worried about a release of the accused pending trial, you should speak to the police or the ODPP lawyer assigned to your case.
Trial procedures
You will receive a notice from the court called a Summons to Witness which will tell you the day on which you have to appear in court.
In the court room you will find the following people:
- the Judge or Magistrate, who controls the trial
- the Court Clerk who sits in front of the Judge or Magistrate
- the State Prosecutor/DPP lawyer
- Defence counsel, who is the accused person’s lawyer
- in the High Court you will also see a number of people seated in the courtroom. If you are a minor (below the age of 18), the case is closed off to the public.
- the accused will be in the dock, and
- a police officer will be present at all times at the back of the court room
The trial can take a few days to a few weeks. Speak to the ODPP case lawyer if you want to know more about how long the trial will take.
When you are giving evidence (which is given under oath), you will first be asked questions from the ODPP lawyer, followed by questions from the lawyer representing the accused person (cross-examination). The ODPP lawyer may then follow up with a few further questions to address the points raised by the accused’s lawyer during cross-examination. The magistrate or the judge may also ask some questions. Some of these questions may be difficult or upsetting.
Hiring a lawyer
A lawyer can assist you in asserting your rights and helping with passing on communication to you in a rape or sexual assault case. The ODPP Lawyer will be the prosecuting lawyer against the offender (s) in the court trial.
Communication
During the police investigations, you will primarily communicate with the police. At all stages of the case, you will be able to communicate with the ODPP case lawyer, or a private lawyer if you have appointed one to assist with communicating with the authorities.
Legal aid
Subject to your financial means, foreign citizens may apply for legal aid assistance.
Sentencing
If the accused is found guilty and convicted, the Judge or Magistrate will decide what sentence they should get. This may happen soon after the trial, or a few days later. Ask the ODPP case lawyer for further information.
The offender can appeal if convicted. You may be notified if an appeal is filed by the accused. However, you are not required to give further evidence or attend court.
The ODPP can appeal to a higher court if a sentence is too lenient. However, this is at the DPP’s discretion. Talk to the ODPP case lawyer if you have any questions or concerns about the length of the sentence.
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:
England
Get help and advice on the NHS website: Help after rape and sexual assault - NHS (www.nhs.uk).
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
Northern Ireland
Rowan SARC Northern Ireland: phone 0800 389 4424
If you think 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 Fiji.
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 officials of the High Commission 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).