Guidance

Lesotho: information for victims of rape and sexual assault

Published 14 June 2023

If you have been sexually assaulted it is 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 abroad 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 come 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 112 if you are in immediate danger
• contact your tour operator if you are travelling with one
• visit one of Lesotho’s medical facilities for treatment. See list of English speaking medical facilities
• contact the British High Commission in South Africa on +27 12 421 7500.

The 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 Lesotho

If you need assistance, the British High Commission in South Africa can help you. Consular staff will assist over the phone initially, and will try to send a consular officer to support you, depending on availability of staff, your circumstances, and your exact location. If consular staff travel to see you, they can support you with reporting the crime at the police station depending where you are. You will always be able to speak to trained consular staff on the telephone 24/7 on +27 12 421 7500.

If you have a tour operator, they should be able to arrange for someone to support you.

You can approach the police directly at the nearest police station to make a report. Consider bringing a friend that you trust. At the police station, you can ask them to inform the British High Commission. All sexual offences in Lesotho are handled by a specialised unit called the Children and Gender Protection Unit (CGPU). These units will normally have trained staff to help you.

If the sexual offence was committed against a child (under 18), the state will pursue prosecution through the children’s court if they have enough compelling evidence. All cases against children are high priority, and you are unable to prevent prosecution in these cases.

You will be required to give details of how the crime occurred, and any other information that may help with investigation and prosecution of the perpetrator.

The police may refer you to a medical facility or shelter if you need one. A list of other organisations that can help is at the bottom of this guide.

At the police station

Tell the police if you think you have been drugged.

Insist you get a police report in English.

Police will assist you with finding and contacting a medical facility. You can ask if the police will accompany you to a medical facility, however, they are not obligated to do this. If you are a female, male police officers will likely give you privacy, which could be perceived as being avoidant or unhelpful . If you prefer, you can ask for a female officer to assist you, if there is one available.

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

It is your choice on whether to report the crime. If you don’t report it to the police, you are still able to get medical attention.

The British High Commission will still be able to help you. This includes helping you:

• to contact your insurance company, your family
• make arrangements to travel back to the UK
• provide you with information on local support in the UK
• provide you with lists of English-speaking medical facilities and lawyers

If you are travelling with a tour operator, you can report the incident to them and ask 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 Lesotho, 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 Lesotho, you should report the crime in Lesotho. 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 on +44 (0)20 7008 5000.

If you do not report the crime in Lesotho and you return to the UK, you can still report the matter to the UK police.

The UK police should send the information you provide to Lesotho. However, it is for foreign police forces 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 Lesotho. This might be necessary in order to protect vulnerable people, or to stop more crimes being committed.

See Rape and Sexual Assault: Returning to the UK after rape or sexual assault abroad for more information.

Reporting the crime in Lesotho: 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, consider taking the clothes you were wearing at the time of the attack when you make a report. You may wish to preserve evidence by retaining items such as condoms, toothbrushes, or text messages.

You will be asked to make a statement about the incident including a description of the attacker.

The police will keep any clothes or electronic equipment which may be evidence of your attack to present to a forensic examiner.

The police will assist you with completing the sexual offense enquiry form (titled LMPS120). This form is also filled in by the medical practitioner who will examine you. This form is very important in Lesotho’s legal system because medical doctors are the only people who can give medical evidence in court. Once the case is lodged with the police and an investigation has been opened, a legally trained prosecutor will be appointed to represent you.

The medical examination: what to expect

All public and private hospitals and medical centres can provide essential services for victims of rape and sexual assault, however only public hospitals can gather evidence that is admissible in court. If you want to make a police report, it is recommended that you go to a public hospital. See our list of medical facilities.

Private medical centres can only provide essential pre-examination services like providing PEP medication to prevent HIV infection, emergency contraception such as the morning after pill, taking swabs for medical examination and other related medical services.

According to Sexual Offences Act of 2003, medical staff are obliged to report sexual offences where there is a child involved. However, if you are an adult, there is no obligation for medical staff to file a criminal report. However, you will be given all the information needed to make a criminal report.

A doctor will carry out the examination with a female member of the medical staff present. This examination involves checks for internal injuries, swabs, DNA tests, HIV and STD tests. If deemed necessary for evidence, the doctor may take photographs of visible injuries.

After the medical check is complete and doctors have completed the form, you will need to take the form to the police (Child and Gender Protection Unit) for them to open a case.

Treatment

It is important to remember that all essential health services are available even if you do not intend on making a criminal report.

HIV infection rates in Lesotho are high. HIV PEP medication is available at all health facilities. Hospital medical staff will give advice on HIV PEP medication.

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 your return to the UK.

Emergency contraception such as the morning after pill is available at government hospitals and clinics for free. It can also be purchased from local pharmacies.

Emergency contraception needs to be taken within 72 hours of the incident for it to be effective.

Treatment for sexual offences at government hospitals and clinics is free of charge.

If you have had medication administered abroad, you should keep the label or make a note of the name of the medication, so that you let your local health provider know when you return home to the UK.

Police investigations in Lesotho: what to expect

If a suspect is brought to the police station, you will be asked to identify the perpetrator, and may need to participate in an identification parade.

When the police make an arrest, they will take the suspect before the magistrate to hear their charges. A court appearance may only happen when there is enough evidence to proceed with prosecution. How quickly the court proceedings progress will depend on the complexity of the crime. In instances where the suspect is not caught or identified, the case may go on for months or even years. However, where cases are straightforward and there is strong and reliable evidence, a trial date is normally agreed within 1 to 2 months. However, exact timing depends on the availability of the court and the volume of cases in the criminal justice system at the time. Magistrate courts close on public holidays, but do not close for recess.

After the first reading of the charges, the suspect will either be remanded in custody or released on bail.

An initial statement is made with the police, however a prosecutor may require additional information from you to strengthen the case. Additional information is normally shared with the prosecutor and police.

If you wish to pursue prosecution, it is recommended that you first open a criminal case with police before leaving Lesotho. It is important to note that you would normally be required on the first day of the trial as a witness.

Witnesses can only give evidence in person, and there is no provision for providing evidence virtually in the Magistrate’s court. It is recommended that you seek advice from your lawyer, the prosecutor or the Child and Gender Protection Unit (CGPU) to see whether a special arrangement can be made, and to understand what leaving Lesotho might mean for your case.

Court procedures: what to expect

When a suspect is ordered to trial, you will be expected to testify in court. On the first day of trial, you may be asked to give an account of the incident. The norm is to attend court in-person to provide evidence.

The prosecutor and the investigating officer have an obligation to keep you informed. Depending on who wishes to lead contact with you, it may be either the prosecutor or the investigating officer. You are entitled to seek updates on your case. Consular staff can also seek updates on your behalf.

If the case pauses pending further investigation, you may have to give an additional statement. You may be asked to provide this to the prosecutor or the investigating officer.

You may drop the charges at any time after filing and you will not face charges for doing so. Despite the case being led by the state prosecution, if you wish not to proceed, the case will be dropped after consultation and consent from you. Charges cannot be dropped if you are under 18.

On rare occasions, following charges being dropped, the suspect may wish to press charges against the victim alleging malicious prosecution and false accusations, if they have justifiable reasons to do so.

The court can order the offender to pay compensation for any injuries or losses, either after they have been convicted or as a result of civil claim.

Trial

All the required information will be gathered by the investigating officer when they take the statement, including any additional information or evidence that may be collected at the scene of the crime.

Trial procedures

The police and prosecutor will advise you on court dates once they have all necessary evidence to proceed with the case to go to court. The official languages in Lesotho for triall proceedings are English and Sesotho.

You are required to be present on the first day of the trial to give evidence in court. Sexual offence cases are heard in an open court room.

If you have to travel to Lesotho to attend the trial, all the costs associated with travel and accommodation should be paid by you.

How fast a case will come to trial is dependent on the completion of the investigation and arrest of the perpetrator. Trials are likely to take place across multiple hearings depending on availability of witnesses and the Magistrate assigned to the case. Cases involving sexual offences are usually given priority over other criminal cases.

The duration of trials depends on the complexity of the case, availability of witnesses and number of cases within the criminal justice system at the time. For instance, from the first day of trial a case can typically take up to one month if all evidence is at hand and witnesses are available for providing evidence in court. However, it can also take longer, depending on the complexity of the case.

Sentences

In sexual offences cases, sentencing will take place promptly after the completion of the trial. The Magistrate may take a few days to consider the evidence presented in court before making a judgement in a separate hearing.

Appeals

The defendant has the right to appeal.

There are two opportunities for submitting appeal. Appeals can be made from the Magistrate to the High Court, and then from the High Court to the Court of Appeal.

Hiring a lawyer

A privately-hired lawyer can perform the role of private prosecutor. However, whilst a case is being handled by public prosecutor, a private lawyer will not have access to the case unless you make an application with the director of public prosecutions.

You should speak to a lawyer if you wish to choose this option. See contact details of English speaking lawyers in Lesotho. Some lawyers specialise in rape and sexual assault cases .

If application for a privately appointed lawyer is approved, the police are legally obliged to hand over evidence and documents to the lawyer. At this point, the lawyer would replace the state prosecutor.

Appointing an independent lawyer will be at your own expense and you may incur costs for services rendered before the case goes to court.

Communication

At the time of reporting and investigation, the police will communicate with you. Once the case has been handed to the prosecutor, you will communicate with the prosecutor.

Ideally, when a sexual offence has occurred, you must be available in person to attend court to provide evidence as and when required. However, if you are not a resident and have to leave the country, the case’s hearing cannot continue if key evidence has not been presented in court.

If you have given evidence in court and have been cross-examined by the defence, you no longer have an active role in the court and may leave Lesotho whilst the case continues. The investigating officer will then become responsible for keeping you informed of progress.

Legal aid

For sexual offence cases, a prosecutor is assigned and therefore legal aid is not necessary.

Sentencing

For rape, a guilty verdict carries a maximum sentence of 20 years imprisonment.

In some cases, such as where the perpetrator pleads guilty, sentencing takes place at the time of the verdict.

In more complex cases where deliberation is needed, the judge may defer the sentencing to a later date.

Perpetrators who commit sexual offences of any kind can be sentenced under the Sexual Offences Act 2003, the Penal Code 2011 and the Human Trafficking Act 2010.

Compensation

Criminal courts do not order offenders to pay fines for cases of sexual violence. However, action can be taken in a civil claims court, once the perpetrator has been convicted.

The Lesotho government does not have a state-funded compensation scheme to compensate for physical or psychological injuries suffered as a result of a sexual or violent crime.

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.

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. It is your choice to let people know. If you are ready to talk about it, these organisations may be able to help you.

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
Northern Ireland	Rowan SARC Northern Ireland: phone 0800 389 4424

Support organisations in Lesotho

Lapeng Care Centre

Website/info flyer: Lapeng Care Centre

Contact number: +266 6327 4157 and +266 6337 2493

Services offered: Telephonic counselling and temporary place of safety and support for survivors.

Lesotho Mounted Police Service

Website: https://lmps.org.ls/

Contact number: 112 for urgent assistance

District headquarters

Region	Contact number
Maseru Urban	+266 2231 7263/ +266 8002 2046
Maseru Rural	+266 2835 0503
Mafeteng	+266 2270 0200
Mohale’s Hoek	+266 2278 5215
Quthing	+266 2275 0215
Qacha’s nek	+266 2295 0211
Mokhotlong	+266 2292 0203
Thaba-Tseka	+266 2290 0215
Butha-Buthe	+266 2246 0288/ +266 2246 0900
Leribe	+266 2240 0300/ +266 2843 0300
Berea	+266 2250 0200
Central Headquarters Switchboard	+266 2231 2934

Gender Links Lesotho

Website: Gender Links

Contact details: Tel: +266 22316755 / Email: lesmanager@genderlinks.org.za

Services offered: providing information, guidance and support to victims of gender based violence, who need to access services in Lesotho.

She-Hive Association

Website: She Hive

Contact details: Tel: +266 2231 5431

Email: info@shehive.co.ls

WhatsApp: +266 57075354 / Online form

Services offered: psycho-social support, advice with reporting incidents, legal and medical referrals.

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).