Samoa: information for victims of rape and sexual assault
Information for British nationals who are victims of rape or sexual assault in Samoa.
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.
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.
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 number on 911
- contact your tour operator if you are travelling with one
- contact the British High Commission Apia on +64 (0) 4 924 2888
High Commission 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 Samoa
Before you go to the police
If you have a tour operator, they should be able to arrange for someone to support you. If you are in an area where there is a British embassy or consulate, they will try to send a staff member 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 approach the police directly, you can also ask them to inform the British High Commission in Apia so we can offer you help. You will always be able to speak to trained consular staff on the telephone 24/7. If you wish and when timing and location allow, 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.
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.
At the police station
Tell the police if you think you have been drugged.
Insist you get a police report, and request a translation in English if applicable.
If you decide to report the incident to the Police in Samoa they will ask you to provide:
- a statement of what occurred in chronological order
- any objects or information which were part of the events that took place, such as phone, photos, documents, clothes and names of any witnesses
Sexual assault is a serious crime in Samoa.
Adultery and consensual sex between men is a crime in Samoa. If you consented to this at some point during the incident, you could be charged.
Making a statement
When you are making your statement, you will need to provide a description of the attacker(s).
Police will keep any clothes or electronic equipment that may be evidence of your attack to present to a forensic examiner. You will then be sent or taken to hospital for a forensic examination. The only hospital that can perform forensic examinations is in Apia.
If you are able and willing, the police will take you to the scene of the crime, or where you think the attacker is located, to try to identify and arrest the person.
If a suspect is brought to the police station, you may be asked to make an identification.
Once the police review the evidence, finalise any charges and make an arrest, the court process will follow. It may take a few weeks before the suspect appears in court before the public prosecutor.
You will be assigned a prosecutor. They will review your police statement before they give evidence in court. Sexual assault is a serious crime and the prosecutor will generally be a lawyer from the attorney general’s office. The defence lawyer does not receive your statement until after the suspect has been charged and the case is filed in court.
There is no pro bono service offered.
You can leave the country once the case is filed with the court. However, with your agreement you may need to return for the start of the court case or to provide evidence via video. You should discuss this before leaving Samoa.
If you do not want to report the incident to the police in Samoa
Consular staff will still be able to help you. This includes:
- helping you to contact your insurance company and your family
- helping you with arrangements to travel back to the UK
- providing you with information on local support in the UK
If you do not want to report the incident to police, you can still get medical treatment, including a forensic medical examination at the hospital. It is your choice whether or not to report what happened to the police. However, if you don’t make a report, your case will not be investigated. For the incident to be investigated you will need to report the incident to the police and a police statement will be taken before you leave Samoa.
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 Samoa 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 Samoa, you should report the crime there. If you are a British national and you need help to report the crime, 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 Samoa 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 Samoa. 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 Samoa. This might be necessary in order to protect vulnerable people, or to stop more crimes being committed.
Medical examination: what to expect
In Samoa, there is only one national hospital located in Apia, which can treat victims of sexual assault.
The hospital will automatically report the results of any examination to the police.
The doctor on duty at Outpatients and Emergency will carry out a complete medical examination. This usually includes:
- a health and safety check, recording injuries
- taking swabs
- taking DNA samples from your hair
- questions about what happened
If you have external injuries, photographs may be taken. You can ask for a doctor of the same gender, if available.
If time and location permits you can ask for a consular support person to accompany you to the hospital. Or they may be able to ask on your behalf for a member of your tour company to assist.
Treatment
Medical staff should be able to give you appropriate advice about HIV post-exposure prophylaxis (PEP) medication, a treatment that can prevent HIV infection.
PEP needs to be taken within 72 hours of the incident for it to be effective. The NHS may be able to start or continue the 28-day treatment when you return to the UK.
The emergency contraception pill may be available over the counter. Speak to your doctor, hospital medical staff or private chemists or pharmacies about availability.
Emergency contraception needs to be taken within 72 hours of the incident for it to be effective.
You will need to pay for hospital treatment and tests. If you have travel insurance, you should keep the receipts to claim on your return to the UK if your insurance cover includes these items.
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.
Court procedures: what to expect
You will be expected to testify in court during the trial. You can give video evidence in Samoa.
If you have chosen not to engage a lawyer, you can ask that the police update you. A private lawyer can advocate for you to ensure your interests are acknowledged.
You can drop the charges at any time, up to and during the trial. There will be no repercussions to you except if the person charged brings a case for malicious prosecution. A rape charge in Samoa is an automatic state prosecution.
The alleged assailant can press counter charges claiming false accusations after a case has been abandoned or if they are found not guilty.
Trial procedures
You will be told about the court trial 4 to 6 months before the court sets the hearing date. The trial will be held in English and Samoan. You do not need to be present and can testify through video conferencing.
It can take 4 to 12 months for the case to come to trial. The trial usually takes 1 to 3 days and concludes with sentencing. The defendant does have the right of appeal through the Supreme Court.
Hiring a lawyer
If you hire your own private lawyer, they will not have a formal role as the public prosecutor is the state lawyer.
FCDO has a list of English-speaking lawyers in Samoa.
Communication
The prosecutor’s office or the police will be your points of contact and will communicate with you directly.
If you are not in Samoa, you will communicate via email with the prosecutors and police, either directly or through a private lawyer if you hire one.
Legal aid
There is no legal aid in Samoa.
Sentencing
Sentencing in most cases takes place at the end of the trial.
The alleged assailant, if found guilty, will be guilty of crimes against the victim. The judge will give a sentence of up to 14 years imprisonment. If the alleged assailant is found not guilty, they will go free.
Compensation
The courts can order the offender to pay compensation for any injuries or losses, either after they have been convicted in a criminal court or as a result of civil action.
There is no state-funded compensation scheme to cover physical or psychological injuries suffered as a result of a sexual or violent crime, which may apply to foreign national.
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 more 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), ask your local health provider to test you. You should do this even if you have been tested in Samoa.
Support organisations in Apia
It is your choice whether to let people know. If you are ready to talk about it the following organisations may be able to help you.
Samoa Victim Support Group
Samoa Victim Support Group
Telephone +685 800 7874
Open 24 hours.
Service available in Samoan and English.
SVSG offers safe haven, accommodation for victims, support, and assistance to obtain non-violence orders from the Family Violence Court.
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).