Guidance

Burundi: information for victims of rape and sexual assault

Published 23 November 2022

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.

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.

For information on support available in the UK, see Rape and Sexual Assault: Returning to the UK.

1. 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 police on 117
• contact your tour operator if you are travelling with one and ask them for assistance. Where possible, and if you wish, the tour operator may accompany you to the police station as well as local hospital.
• contact the British Embassy Bujumbura on +250 252 556 000. 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.

2. If you want to report the incident to the police in Burundi

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.

If you have a tour operator, they should be able to arrange for someone to support you. If you are in Bujumbura, 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 Embassy on +250 252 556 000 and they can offer you consular support.

You should:

• Tell the police if you think you have been drugged.
• Insist you get a police report, and request a translation in English if applicable.

3. What to expect if you report the incident to the police:

Every police station will have both male and female police officers to talk to. If you would prefer to make your statement to a female officer, then you can ask to do so. There are no legal risks in reporting an assault to the local police.

There is no guarantee that there will there be English-speaking officers available at the police station, but you can request an interpreter if needed. If an interpreter is not available, you can also contact IBSC Company for their translation services.

Investigations are led by the Public Prosecution. They will collect DNA evidence and may examine your clothes. In addition, they may ask you to describe:

• The perpetrator

• The crime scene

• The details of the assault.

You will not have to surrender your passport whilst an investigation is carried out. Investigators may ask to take a copy of your passport.

Consider appointing a local lawyer to accompany you when you provide your statement to the police. The British Embassy has a list of English speaking lawyers in Burundi you can contact.

4. If you do not want to report the incident to the police in Burundi

The British Embassy can still 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, lawyers and translators

It is your choice on whether to report the crime. If you don’t report it, your case may not be investigated.

You don’t have to report the crime in-country for it to be investigated.

If you do not report the crime, you will still be able to get medical attention.

5. 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 Burundi, you do not need to report the crime before you leave the country, however it will be easier for the police to obtain important evidence if you do.

If you are a British national and you need help to report the crime, you can contact the British Embassy Office in Bujumbura, or the Foreign, Commonwealth & Development Office in London

If you do not report the crime in Burundi 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 Burundi. However, it is for Burundian police to decide whether to investigate a crime in their jurisdiction and they may not take action.

You can still 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 Burundi. This might be necessary in order to protect vulnerable people, or to stop more crimes being committed.

6. Reporting the crime in Burundi - what happens next?

If you decide to report your case to the authorities, you will need to make a statement about the incident and provide a description of the attacker.

The police may keep your belongings, such as clothes, or electronic equipment, if they need them for forensic examination.

The police will send you (or take you) to the local hospital for a forensic examination. These hospitals are easily accessible.

The local police in Burundi may inform UK police of the assault, however this is not certain.

7. The medical examination – what to expect

Not all hospitals and medical centres in Burundi treat victims of rape and sexual assault, however, the police will know where to recommend. You should know that hospitals automatically report the results of any examination to the police.

If notified in advance, a consular officer from the British Embassy Office may be able to accompany you to the hospital. Local tour operators should also be able to do this.

The main steps in medical management of Rape and Sexual Assault at hospitals are:

7.1 Initial consultation

There should be a preliminary medical consultation before any examination. The physician should explain to you the procedures that will be performed in order to obtain informed consent.

7.2 A history and description will be taken

The physician is likely to ask you about:

• Your personal details
• A description of the assault
• Details of the assault
• Any medical complaints since the assault
• Your actions since the assault
• Pre-existing medical history

7.3 Physical and genital examination

The physician will then do a physical and genital examination, with your consent, to identify and treat any injuries sustained. They may also take swabs to help the prosecution in their investigation.

8. Treatment

Hospital medical staff give advice on HIV Post-exposure prophylaxis (PEP) medication. PEP is available locally. 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

Customers get emergency contraception in pharmacies, hospital and health centres. A prescription or medical referral is not needed. It is not always free, so please check your travel insurance police to see if it covers medical costs. Alternatively, you can pay for your treatment using cash.

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

Hospital treatment consists of prevention of unwanted pregnancies: emergency contraception, tetanus, Hepatitis B Prophylaxis, Sexually Transmitted Infections Prophylaxis, HIV/AIDS Prophylaxis, treatment of minor injuries such as scratches and bruises.

If you have had medication administered overseas, 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.

9. Police investigations in Burundi – what to expect

You will not have to give a local address when filing the complaint.

The police may take you to the scene of the crime, or where you think the attacker is located to try to identify and arrest the person. This is only if you’re happy to do so. It is not obligatory.

If a suspect is brought to the police station, you may be asked to make an identification.

If the police make an arrest, they will take the suspect before the public prosecutor in 7 to 14 days. In turn, the Public Prosecutor proceeds with the investigation. You will not be brought face to face with the accused during cross examination without your consent.

You will be expected to go in front of the public prosecutor to make a statement. If you decide to hire a lawyer, basic measures are taken so that you and/or your legal counsel can talk in a protected and secure environment.

You can leave the country once the case is filed.

10. Court and trial procedures – what to expect

The length of time it takes for a case to come to trial will vary, depending on the circumstances of the case. The length of Rape and Sexual Assault trials will also differ between cases. There may be a long gap between the end of a trial and final sentencing. If you choose to appeal the sentence, this is possible.

Proceedings relating to victims of sexual violence are investigated by specialised sections of the Public Prosecutor’s Office and by specialised chambers of the High Courts and Courts of Appeal. When the Public Prosecutor’s Office decides to prosecute, it communicates the documents to the president of the court competent to hear the case. The latter sets the day on which the case is to be heard.

Court procedure and trials are conducted in French and Kirundi. You can request an interpreter if needed. You can also contact IBSC Company for their translation services.

If a suspect is ordered to trial, you will be expected to testify in court. However, you don’t need to be present at every court session. You can testify from the UK but the judge may ask you to return to the country and authorities in Burundi will not assist with your travel and accommodation arrangements for you to do so.

If you decide to get a lawyer, s/he must regularly inform you of all the steps in the case, the procedures underway and the possible outcomes. They should accompany and represent you in the process, compile the case, monitor the proceedings and enforce the judgment.

If you decide not to employ a lawyer, you are still entitled to be kept aware of the case.

If the case is referred to further investigation, you will have to give an additional statement.

It is possible to drop charges once they are filed if you wish to. And if so, there are no legal repercussions. However, the charge of rape will not be dropped if it is an automatic state prosecution.

The alleged assailant can press counter charges claiming false accusations.

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.

11. Hiring a lawyer

A privately hired lawyer will assess the evidence and advise you on the chances of getting a conviction. You can find a list of English speaking lawyers in Burundi on GOV.UK.

The assistance of a lawyer, even before filing a complaint, can be particularly useful as the lawyer can advise you on how to file a complaint. The lawyer will also explain the deadlines for action, the course of the procedure and its consequences.

There are no lawyers who specialise in rape and sexual assault cases.

12. Communication

It is likely that, during court and trial proceedings, the police, the public prosecutor, the judge and health services will all be in contact with you.

If you decide not to appoint a lawyer, you can be updated via the public prosecution.

13. Legal aid

You are not entitled to legal aid.

Discuss with your lawyer whether they will charge for services before your case goes to court.

14. Sentencing

Sentences in Burundi are weighted in favour of punishment. If found guilty, the perpetrator will be found guilty of rape or gender-based violence.

Sentences that judges are able to pass down can go from temporary imprisonment to life sentence. Gender-based violence perpetrators are not eligible for parole.

If the alleged perpetrator is found not guilty, he is declared innocent and released if under custody.

15. Compensation

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.

16. When you return home 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

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

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.

17. Support organisations in Burundi

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

Name of support organisation: Centre Seruka

• Address: 28, Avenue Rukonwe, Kigobe nord, Bujumbura, Burundi ; Coordinate, : -3.35865, 29.3743
• Telephone number: +257 22 24 87 30
• Hours of contact and language of service: 24H, Kirundi, French, English and Kiswahili.
• Description of services offered: Prevention and holistic care for survivors of SGBV

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.

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).