Guidance

Malawi: information for victims of rape and sexual assault

Published 14 July 2023

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 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 112
• contact your tour operator if you are travelling with one

• contact the British High Commission Lilongwe on telephone +265 111 772 400. High Commission staff will be polite, patient, sensitive 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.

• visit a One-Stop Centre in Malawi. One-Stop Centres will normally have police officers, social workers and medical professionals who can help you. There is a list of One-Stop Centres towards the end of this pack.

If you want to report the incident to the police in Malawi

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 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 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 Lilongwe on +265 111 772 400 and they can offer you consular support.

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.

Tell the police if you think you have been drugged.

Insist you get a police report. Police reports are written in English in Malawi.

You do not run any legal risks in reporting a rape of sexual assault to the police in Malawi. Extramarital sex is not a crime. Homosexuality is criminalized under Malawian law, but you will not be punished if you report a rape by someone of the same gender.

Drinking alcohol is not a crime in Malawi. Possession of drugs is illegal and if you tell police you have taken recreational drugs, they may take action against you.

Most police officers in Malawi will display sympathy towards victims of rape and sexual assault. However, you may encounter individuals within the criminal justice system who are not trained or who have attitudes to rape and sexual assault that can cause distress to victims. When reporting, it may help to have a representative from the British High Commission to support you.

In some cities in Malawi, you can visit a One-Stop Centre to report the crime and receive medical assistance. One-Stop Centres are run by the Malawian Police Service. They have a mission to prevent, apprehend and prosecute culprits of domestic violence and child abuse. There is a list of One-Stop Centres at the end of this pack. One-Stop Centres will normally have police officers, social workers and medical professionals who can help you. However, the centres are oversubscribed and you might have to wait or visit a police station based on the advice of staff at the centre.

If you are in an area where there is not a One-Stop Centre, you will need to go to the police station in person to report the crime. There will normally be both male and female police officers available at police stations and you can make a request to speak to an officer of a different gender. All Malawian police officers speak English.

You will be asked to tell the police what happened and provide any relevant evidence that will help identify the perpetrator. The police will look for other evidence, including medical reports if you received medical assistance at the time.

You do not need to give your passport to the police whilst the investigation is ongoing.

Victims of crime are not given legal assistance in Malawi, but you have a right to instruct your own lawyers.

If you do not want to report the incident to the police in Malawi

The British High Commission in Lilongwe 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 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 one, you can report the incident to your tour operator and ask them for assistance. Where possible and if you wish, the tour operator may accompany you to the local hospital.

It is your choice on whether to report the crime, but if you do not report it, your case may not be investigated if there is a lack of forensic evidence.

If you do not report the crime, you will still be able to get medical help but not a forensic examination.

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.

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 Lilongwe, or the Foreign, Commonwealth & Development Office in London.

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 foreign police forces to decide whether to investigate a crime in their jurisdiction and they may not take action. In Malawi, it is extremely unlikely that the police would act on a request from UK police. This means that if you want the crime to be investigated, you need to report it before you leave Malawi.

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.

Reporting the crime in Malawi – what happens next?

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 and social media messages.

Tell the police if you think you have been drugged.

Insist you get a police report.

You will have to make a statement about the assault, including a description of the attacker(s).

The police have the right to keep clothes or electronic equipment which provide evidence of the assault to present to a forensic examiner. However, forensic examination is not common in Malawi and is not present in many police stations. This means it is unlikely that you will be asked to give up your clothes or your phone.

If you have reported to a police station, the police will ask you to visit a nearby public hospital for a forensic examination. Sometimes the police will take you there, but it is more common for you to organise your own transport. The medical examination is basic and available in all health centres and local clinics.

Police in Malawi will not routinely inform the UK police about crimes involving British nationals.

The local police will not ask UK to undertake police checks on the victim.

The medical examination – what to expect

All government hospitals and private clinics in Malawi can provide medical help to victims of rape and sexual assault. However, only government-run hospitals can give evidence to support a police investigation. If you wish to report the crime to the police, you should go to a government hospital. Medical treatment at public hospitals is free in Malawi.

A medical professional will carry out an examination which includes checking for external and internal injuries and testing for sexually transmitted diseases and pregnancy. Ordinarily, they will not take forensic evidence, as forensic testing is not available in Malawi. It may be possible to send forensic samples to South Africa if you are willing to cover the cost. You should talk to the police officer investigating your case if you want to do this.

The medical officer on duty carries out the examination and sends the report to the police.

Consular staff can accompany you to the hospital should you wish.

Treatment

Government hospital and private clinic medical staff in Malawi can give you advice on Post-Exposure Prophylaxis (PEP) medication, a treatment that may prevent HIV infection. This can be prescribed at any hospital. More information on risks is 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.

In Malawi, if you are over 18 years you can buy emergency contraception from most pharmacies or ask the doctor during your medical examination. If you are under 18 years you will need a prescription. It needs to be taken within 72 hours of the incident for it to be effective.

If you visit a private clinic, you may be asked to pay for your treatment. You can make a claim through your insurance.

If you have had medication administered overseas, you may wish to keep the label or make a note of the name of the medication, so that you can tell your local health provider the details of your medication when you return home.

Police investigations in Malawi – what to expect

The police may ask you to escort them to the scene of the crime or any other necessary location to assist in the identification of the offender.

If you do not know the person who attacked you, the police may ask you to join an identification parade to identify the suspect. This might mean you come face to face with the person who assaulted you, as most Malawian police stations do not have one-way mirrors.

If they identify and arrest the suspect, the police will take a statement from them. Once the investigation is completed, they hand over the file to the prosecution department within the Malawian police. A prosecutor will review the evidence and decide whether or not there is enough evidence to prosecute the case. The prosecutor can decide to prosecute, decide not to prosecute, or refer the case back to the police for further investigations. If this happens, you may be required to give a further statement.

The pace of the investigations depend on the circumstances of each case and there are no prescribed time limits. Police investigations can take many months or years before they are presented to a prosecutor.

The victim will only be called to meet the prosecutor to prepare for trial.

You are free to leave the country once the case has been filed and police investigations are under way. However, Malawian police have informed that if you are needed to give evidence, your absence may delay the case proceedings.

Court procedures – what to expect

If the prosecutor decides to pursue charges in relation to your case, they will normally meet with you to prepare you for the trial. The prosecutor will already have the statement you gave when you reported the case. The prosecutor may ask some questions to clarify particular details and should explain the trial process to you. If you have a lawyer, they can attend this meeting with you. The prosecutor will tell you the court date, once it has been set. Court business is conducted in English with interpretation provided for Chichewa.

The time it takes for trial to commence and be completed is dependent on circumstances for each case. Where the case is more complicated and many witnesses are expected to testify, the trial may take longer to complete. The High Commission is aware of criminal trials that have taken years to come to court.

You will be expected to testify in court and be physically present in Malawi. Normally you will be the first witness to testify. There is provision in Malawian law for victims to testify outside Malawi in exceptional circumstances, but in practice this is rarely granted. If you wish to apply for remote testimony, we advise you to appoint a Malawian lawyer to make the application for you. If you have to travel to Malawi to give evidence, you will need to pay for the travel expenses yourself, as no assistance is available from the Malawian government.

The police should give you regular updates on the progress of your case. However, this does not always happen consistently, and it may help to have the High Commission follow up on your behalf.

If you want to drop the charges, normally the state will do so, as testimony from the victim is crucial to prosecute the case. The state may refuse to drop charges if the victim is a minor, or where the state suspects that you were coerced into withdrawing the charges. There are generally no legal repercussions for dropping charges.

In some cases, alleged assailants can commence a civil action for false imprisonment and malicious prosecution.

Communication

The prosecutor should communicate with you. However, it will help if you are proactive in following up with the prosecutor yourself or if you hire a local lawyer to follow up on your behalf.

If you are not resident in Malawi, you will have to provide contact details including a phone number and email address which can be used. You do nt need to provide a local address. The British High Commission can also help to follow up on your behalf.

Legal aid

Legal Aid is not available to support victims in the criminal justice system.

Sentencing

Sentences for rape and sexual assault can include custodial sentences up to life imprisonment. The defendant has the right to appeal.

Compensation

The courts have powers to 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. However, in practice, compensation in criminal action is rarely ordered by the courts.

There is no state-funded compensation scheme to cover physical or psychological injuries suffered as a result of a sexual or violent crime.

One-Stop Centres in Malawi

• One-Stop Centre – Blantyre – located at Queen Elizabeth Hospital
• One-Stop Centre – KCH Lilongwe – located at Kamuzu Central Hospital
• One-Stop Centre – Mzuzu – located at Mzuzu Hospital
• Zomba One-Stop Centre – located at Zomba Central Hospital
• One-Stop Centre – Mulanje – located at Mulanje District Hospital

Malawi National Police Headquarters
Area 30, Lilongwe
Malawi

Telephone: +265 (0)1 796 333 / 784

Email: pro@police.gov.mw or online enquiry

Website: National Police Headquarters

When you return home to the UK

You may want to let your GP or a Sexual Assault Referral Centre know what has happened to you so that you can talk about the experience and seek further support and advice.

England

NHS Choices, or search the internet for ‘NHS SARC’

Scotland

Archway SARC: Telephone 0141 211 8175

Wales

New Pathways SARC: Telephone 01685 379 310 Ynys Saff Sexual Assault Referral Centre – Cardiff and Vale University Health Board

Northern Ireland

Rowan SARC Northern Ireland: Telephone 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 that the assault took place in.

Disclaimer: This information has been prepared by HMG 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 HMG 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.