Tonga: information for victims of rape and sexual assault
Information for British nationals who are victims of rape and sexual assault in Tonga.
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
- 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 number on 999
- contact your tour operator if you are travelling with one
- contact the British High Commission in Nuku’alofa or the British High Commission in Wellington at +64 (0) 4 924 2888
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.
If you want to report the incident to the police in Tonga
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 nearest British Consulate 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 Tonga they will ask you to provide a statement of what occurred in chronological order. They may also take any objects or things that could be linked to the crime/incident such as phone, photos, documents, clothes and names of any witnesses.
You do not run any risk by reporting the crime to the local police in Tonga. Extramarital sex and drinking are not crimes in Tonga but sodomy is a criminal offence punishable by a prison term of up to 10 years upon conviction.
If you want to talk to a female officer, you should report the crime at the central police station in Nuku’alofa, where there is a dedicated family violence unit with female officers.
Police officers will be able to speak English, but if you would like an interpreter, you may be able to request one. It may take some time for an interpreter to be arranged.
You must give and sign a formal statement in front of a police officer.
When you are making your statement about the incident , you will need to provide a description of the attacker(s).
Police may 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 Vaiola hospital for medical and physical examination by a doctor.
If you do not want to report the incident to the police in Tonga
Consular staff will still be able to help you. This includes:
- helping you to contact your insurance company and your family
- providing you with lists of English-speaking medical facilities, lawyers and translators
- helping you with arrangements to travel back to the UK
- providing you with information on local support in the UK
If you wish, depending on your location and timing, a member of the British High Commission may be able to accompany you.
It is your choice whether or not to report what happened to the police. However, if you don’t make a report, your case may not be investigated. For the incident to be investigated you will need to report the incident to the police and a formal police statement must be taken before you leave Tonga.
If you do not want to report the incident to police, you can still get medical treatment at the hospital.
Medical examination: what to expect
There is only one hospital on each of the main islands in Tonga. The hospital on the main island of Tongatapu (Vaiola Hospital) has doctors with the most experience in treating victims of rape and sexual assault.
The hospital will not automatically report the results of any examination to the police.
The doctor on duty will carry out the examination, which is a complete medical examination. This usually begins with a health and safety check. This will record your injuries and may include:
- taking swabs
- taking DNA samples from your hair
- asking you questions about what happened
If you have external injuries, photographs may be taken. If you are a female, you can ask to see a female doctor or nurse, if one is available. The examination can vary from each hospital.
If time and location permits, you can ask for a consular support person to accompany you to the hospital. Or they can ask on your behalf for your tour company to assist.
Treatment
Vaiola Hospital 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 is usually available and is managed by the Communicable Disease Section (CDS).
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 is an over-the-counter medication. Speak to your doctor or hospital medical staff. It is also available from private chemists or pharmacies.
Emergency contraception needs to be taken within 72 hours of the incident for it to be effective.
Hospital treatment and tests must be paid for by the patient. 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 overseas, 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 to the UK.
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 Tonga, you should report the crime in Tonga. 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 Tonga 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 foreign police forced 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 Tonga. This might be necessary in order to protect vulnerable people, or to stop more crimes being committed.
Police investigations in Tonga: what to expect
If you are able and willing, the police may take you to the scene of the crime, or where you think the attacker is located, to try and identify and arrest the person.
If a suspect is brought to the police station, you will be asked to make an identification.
Once the police review the evidence, finalise any charges and make an arrest, the court process will follow. This includes taking the plea and scheduling a trial or sentencing.
You will be expected to go in front of the public prosecutor to make a statement. The defence lawyer does not receive the victim’s statement - these are held by Crown Law/Prosecution.
Pro bono service is not offered.
You can leave the country once the case is filed with the court, but with agreement they may need you to return for the start of the court case or provide evidence via video. You should discuss this before leaving Tonga.
Court procedures in Tonga: what to expect
You will be expected to testify in court during the trial. You can give video evidence in Tonga.
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 and that you receive regular updates. The prosecution is handled by the Crown Prosecutor, so you do not need a lawyer except to get status updates.
You can drop the charges at any time, up to and during the trial. There will be no repercussions unless you have provided false information to the police about the incident.
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 a date. The trial will be held in English and Tongan. You do not need to be present and can testify through video conferencing. It can take up to 12 months for the case to come to trial.
Hiring a lawyer
If you hire your own private lawyer, they will not have a formal role as the public prosecutor is the Crown Prosecutor.
FCDO has a list of English-speaking lawyers in nearby Samoa.
Communication
The Crown Law/Prosecutors or the police will be your points of contact and will communicate with you directly unless you hire a private lawyer to do this.
If you are not in Tonga, 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 Tonga.
Sentencing
Sentencing usually 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 hand down 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. This may apply to foreign nationals.
Support organisations in Tonga
It is your choice whether to let people know. If you are ready to talk, the following organisations may be able to help you.
Women and Children’s Crisis Centre
Telephone number: 22240
Opening hours and language: 24-hour service available in English
Services offered:
- 24-hour counselling
- temporary shelter at the ‘Mo’ui Ke Fiefia Safe House’
- support, such as referrals to other services, provision of second-hand clothing
- male advocacy
- community outreach and awareness
- women and young girls empowerment
- research and information communication
- young emerging leaders programme (age group: 12 to 16 years and 18 to 25 years)
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 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 Tonga.
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 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 (02/02/2022).