Guidance

Madagascar: information for victims of rape and sexual assault

Published 7 July 2023

This information is provided to help British nationals overseas make decisions about whether and how to seek medical advice and attention; report to local police; and 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 international emergency number on +44 1908 51 6666
• contact your tour operator if you are travelling with one
• contact your nearest British embassy, high commission or consulate. British Embassy Antananarivo 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

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

There is no time limit for reporting a rape and sexual assault crime. However, this it must not exceed 10 years from the time the crime occured. A local representative is required if the report is filed in the UK. Reports can be filed in French.

If you have a tour operator, they should be able to arrange for someone to support you. If you do not have a tour operator and you are in an area where there is a British embassy or consulate they will try to send a consular officer to support you.

If you approach the police directly, you can also ask them to inform the nearest British consulate.

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.

It is encouraged to report the incident to the police.

Both male and female police officers will be available to talk to you. Local authorities speak Malagasy and French. The police may provide you an interpreter. However, this may not be possible at every police station and depends on their capacity. You will have the right to contact your nearest British consulate to request a list of translators. These are also available on our website](https://www.gov.uk/government/publications/madagascar-list-of-translatorsinterpreters/list-of-translatorsinterpreters-in-madagascar). The police will ask you to provide as much evidence as possible related to your case.

A Consular Officer from the Embassy can accompany you to the police station if you wish. You may need to submit your passport for identity check whilst any investigation is carried out.

Making a statement

You will have to make a statement about the incident including a description of the attacker(s) as it will help the authorities with their investigation.

The police will send you (or sometimes, take you) to the local hospital for a forensic examination.

Police investigations in Madagascar: what to expect

According to the Malagasy code of criminal procedure (the “CCP”), police officers can request assistance of any individual they consider helpful for their investigation. In other words, if police officers consider it necessary to take you to the scene of the crime, or where the attacker is located to try to identify and arrest the person, they can do so.

If a suspect is brought to the police station, the law does not specifically require you to make an identification. You have the right to refuse.

If the police gets a warrant before making an arrest, the suspect is immediately taken before the judicial authorities, a court, or a member of the public prosecutor’s office.

After an arrest, the police will submit the investigation file to the mandating magistrate who will decide whether the suspect will be formally accused of crime. The mandating magistrate proceeds to a preliminary hearing of the suspect. The suspect must be brought before a magistrate of the public prosecutor’s office and interviewed immediately. If the interview is not done immediately, the suspect will be detained in prison for not more than 24 hours. Failing to meet the deadline likely will justify the suspect’s release.

You will be expected to go in front of the public prosecutor to give a statement to notify them of the crime committed against you. The statement can also be made by the lawyer. Unfortunately, the complaint or statement can only be done when you are in the country or done by your lawyer. The Code of Criminal Procedure provides for your right to be assisted by a lawyer from the Malagasy bar and trainee lawyer who can transfer all information, reports and documents relating to the case to the public prosecutor. Your lawyer and the defendant’s lawyer can have access to the case notes at this stage.

There is no legal requirement for lawyers to provide pro bono service.

You are allowed to leave the country once the case is filed.

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

The British embassy or consulate will be able to help you. This includes helping you:

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

If you are travelling with a tour operator, you can report the incident to them and ask for assistance. Where possible and if you wish, the tour operator may accompany you to the police station and to the local hospital.

It is your choice whether you report the crime, but if you don’t, your case may not be investigated due to a lack of forensic evidence.

You have to report the crime in-country for it to be investigated. This is to provide you the relevant assistance from authorities.

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

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

It is possible to report the crime to police in the UK. However, it is for foreign police forces to decide whether to investigate a crime in their jurisdiction. UK police forces cannot investigate crimes committed overseas.

Foreign police forces can decide to request assistance from the UK police, but this cannot be guaranteed and is a very lengthy process. It can therefore be very difficult to guarantee that any justice can be accessed without reporting the crime locally. See Rape and Sexual Assault: Returning to the UK after rape or sexual assault abroad for more information.

The medical examination: what to expect

All hospitals and medical centres treat victims of rape and sexual assault. See list of medical facilities in Madagascar.

The hospitals report the results of any examination to the police if requested.

The medical team will do the necessary for the examination. They will do the necessary checks (on external injuries, swabs, STDs and others…). They will also take photographs of the injuries. There is no difference in treating a woman or a man. A female member of the medical staff will be present if the patient is a woman or a child.

A Consular Officer can accompany you to the hospital.

Treatment

Hospital staff can give advice on HIV PEP medication. It is medically prescribed.

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.

Emergency contraception is available at the hospital and it is not prescribed.

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

You will need to pay for treatment and tests.

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 let your local health provider know when you return home.

Court procedures: what to expect

You will be expected to testify in court at this stage where you are required to give evidence. However, a physical presence before the court is not mandatory. A lawyer can represent you or a proxy with a special written power of attorney.

However, if you are a child, your first hearing may be conducted via video. You can also leave the court during the debate, or not be physically present, but must be represented by a lawyer.

You are allowed to appear or provide testimony from UK via video or telephone transmission if it has been agreed between the two countries’ authorities.

You are entitled to be notified and kept aware of the case by the police officer even if you do not hire a lawyer. Hiring a lawyer can protect your legal interest within the justice system.

You will not be required to provide additional statement after the initial statement.

You are entitled to drop charges once they are filed if you wish so. However, even if you request that charges are dropped, it is up to the Public Prosecutor to decide whether to drop charges against the defendant depending on the seriousness of the case and the interest of public order.

If you are a minor, the case cannot be dropped by the Public Prosecutor even if you or your guardian decides to drop the charges.

Trial and trial procedures

Anyone who has been a victim of an offence can file a claim directly against the offender.

You could hire a lawyer to represent you and support you with the trial procedures.

You do not need to be present at every court session. You can appear or provide testimony from UK via video or telephone transmission by virtue of the International mutual assistance.

If you do not attend the trial, your legal representative must be present.

The Malagasy authority will be responsible for making the appearance. The travel and subsistence allowances, calculated from your residence, will be allocated according to the rates and regulations in force in the Malagasy State.

The case can take about one year to come to trial; however, this may be longer depending on how the case is processing. The defendant or the accused has the right to appeal the orders.

Hiring a lawyer

Broadly a lawyer has a mission to assist, defend and represent his/her clients (e.g the victim and the offender) in each step of a case involving his/her client. Typically, a privately hired lawyer can accompany you throughout the entire legal process, advise the clients on legal matters, rights and duties related to the case and work on arguments to better protect your interests in accordance with law.

Communication

You will be notified about trial/s through summons issued by a bailiff. The notification will be sent to your local physical address and also to your lawyer. The lawyer will communicate with you at different stages of the proceedings.

The trial will be conducted in Malagasy. However, you may use an interpreter. See list of translators.

If you are not resident in-country, the public prosecutor’s office will still maintain contact and the lawyer or representative could follow-up on your behalf.

You will have to provide a local address, which can be the lawyer’s address. Your lawyer will receive all the files and will be notified of the progress of the case.

If you do not have a lawyer, information about upcoming trial dates will be notified to you through your local address by the police and/or the bailiff. At trial stage, you are required to perform all procedures concerning your case, to do diligence, and to request the relevant information if you have not been notified.

Legal aid

You are entitled to legal aid. You need to send a request to the competent judge at the Public Prosecutor’s Office.

People who are unable to afford a private lawyer can be granted a means-tested assistance. Your financial situation will be evaluated based on the evidence of yours and your spouse’s monthly resources. In the case of a minor victim, their parent’s or tutor’s monthly resources will be evaluated.

The legal aid covers free provision of legal advice and the cost of the proceedings.

Sentencing

Sentences are weighted in favour of punishment.

The Criminal Code classifies the type of crime related to rape and sexual assault in the category of Offense against morality and calls it indecent assault.

Judge can pass down sentences of imprisonment, payment of fines and accomplishment of hard labour.

An accused who is found not guilty is immediately released. However, you may be able to appeal the court’s decision.

The ruling or judgment rendered must contain the reasons for the acquittal of the person prosecuted.

The civil party can then ask for compensation for the damage caused by the accused. The accused, in return, can ask that the civil party pay him damages if it has proven that the origin of his prosecution is unjust.

Compensation

Generally, the court has authority to order the offender to pay the requested compensation made by you as a result of civil action. You can undertake such civil action once the case has been treated in the criminal section.

The Malagasy legislation does not provide for a state-funded compensation scheme in form of financial awards in the case of physical or psychological injuries suffered as a result of a violent crime.

In other words, the state-funded compensation scheme consists of health and psychosocial care as well as legal and judicial support for you only not financial.

State-funded compensation is not available.

When you return 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.

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, even if you have been tested in the country that the assault took place in.

Location	Service
England	NHS Choices website, or search online for ‘NHS SARC’
Scotland	Archway SARC, or phone 0141 211 8175
Wales	New Pathways SARC, or phone 01685 379 310
	Ynys Saff Sexual Assault Referral Centre - Cardiff and Vale University Health Board
Northern Ireland	Rowan SARC Northern Ireland, or phone 0800 389 4424

The local police may not inform the UK police. They will provide you a report.

Support organisations in Madagascar

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

Hotlines to call in case of:

• gender violence: 813 / 034 05 350 13
• child abuse: 147
• customs violation: 360

Centre Vonjy

The centre can support girls and boys under 18. If you are an adult, they can redirect you to the nearest police station for assistance.

The centre is located at almost all big public hospitals in Antananarivo, Nosy Be, Toamasina, Mahajanga, Toliara and other cities.

You may need a translator as the staff mostly speak Malagasy and French.

The Centre provides a full assistance (medical, psychological, and there are also authorities present with the team).

Association Fitia

Contact +261 34 67 018 62

Facebook: Official Fitia Association

contact@association-fitia.com

Juridical help

Trano Aro ZO: Telephone +261 33 01 339 11 called legal clinics located in Ivandry and Andohotapenaka for Antananarivo, in the region of Betroka and Ihosy, Anosy and Ihorombe Regions.

Facebook: https://www.facebook.com/TAZAndohatapenaka/

SAHALA project: Missions: Awareness and Involvement of men who are perpetrators of violence or not, in the fight against GBV, accompanied by Listening Units, Raising Children’s awareness of non-violence, gender and positive masculinity.

Area of intervention: Analamanga and Menabe

Telephone: 034 79 057 32

Facebook: Sahala / @sahalaproject

Social center ARRUPE: Social center for vulnerable people

ECAR Faravohitra, Antananarivo

Telephone: 020 22 310 23

Facebook: Social Center Arrupe Madagascar / @centresocialarrupe.mg

TIHAVA Network: Shelter for victims of violence and is also a Network for the fight against domestic violence, made up of around fifty organisations.

Telephone: 034 43 619 52

Facebook: TIHAVA network / @reseautihava

Christian Action for the Abolition of Torture - ACAT Madagascar: Secular association fighting against all forms of torture, including domestic violence. Head of Acat Madagascar: Laure Rabetokotany

Lot III U 152 T Bis X Anosizato -East, Antananarivo 101

Telephone: 033 28 350 53/34 17 762 55

Email: acatmadagascar@yahoo.fr

Source of information: https://www.womenconnect.org/web/madagascar/social-services

Disclaimer

This information is provided by the British Government for the convenience of enquirers, but 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. This information is not intended to be a substitute for professional medical or legal advice.

Medical information has been provided by The Havens Sexual Assault Referral Centres of Kings College Hospital NHS Foundation Trust and The Rowan SARC NI and was accurate at the time of production.