Guidance

Cape Verde: information for victims of rape and sexual assault

Published 26 October 2023

October 2023

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

Definition of rape and sexual assault

Dublin Rape Crisis Centre:

“Rape or sexual assault occurs where a person is subjected to a sexual act (penetration or sexual touching) without his or her consent. It includes situations where a person is unable to give consent – for example if they are unconscious through sleep, drunkenness or drugged.

“The rape and sexual assault may involve threats, coercion or the use of physical force, sometimes with additional acts of violence. Whether or not physical force is used, rape and sexual assault are acts of violence. They are a profound physical and personal violation of the individual.

“Being a victim of rape and sexual assault can impair physical, mental and emotional wellbeing.”

Remember, you can never be blamed for what happened. The responsibility lies always with the offenders.

If you are a victim of rape and sexual assault, you have the right to seek help and support.

Legal framework

The Penal Code in Cape Verde criminalises sexual violence, including rape and sexual assault (articles 141 to 146) and sexual harassment (article 152).

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 services on 132
• contact your tour operator if you are travelling with one
• contact the British Consulate in Portugal, who provide remote consular assistance to UK nationals in Cape Verde. Consular staff will be polite, patient, sensitive and non-judgmental. They can provide information on local police and medical procedures, and contact your family or friends for you, if you wish. Anything you tell them will be treated in confidence.

Reporting the crime in Cape Verde

Rape and sexual assault are semi-public crimes in Cape Verde. This means they have to be reported to the police in order for them to be investigated. You have to do this in-country within 6 months of the incident.

Where a minor (under 18) is involved, rape and sexual assault become public crimes, and an investigation is triggered by the Public Prosecutor’s Office after they are notified of the incident.

If you are travelling with a tour operator, they may be able to arrange for someone to support and accompany you to the police station and local hospital.

If you do not have a tour operator and you would like assistance from the British Consulate, please call us on +351 21 392 4000. Though there is no British Consulate in Cape Verde, trained consular staff are available on the telephone to help you 24/7.  Depending on the time of your call and your location, we may be able to arrange for the Honorary Consul in Sal to support you in person.

If you go to the police station, you can also ask them to call the Consulate on +351 21 392 4000 so that we can offer you support.

If you choose to report the crime, try to do so as soon as possible. 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 and toothbrushes. Keep everything in paper bags, not plastic.

You can report the crime to the following authorities in Cape Verde up to 6 months from the date of the incident, though it is better if you report the crime as soon as possible: * the police (any one of the 2 police forces): Policia Nacional or Policia Judiciaria (www.pj.gov.cv) * the Public Prosecutor (www.ministeriopublico.cv) * a local hospital (www.minsaude.gov.cv)

Reports of rape and sexual assault are investigated by the judicial police (Policia Judiciaria or PJ) in Cape Verde. If you have made your report to another authority, they will take an initial statement and pass it on to the PJ. The PJ may then ask you for another, more detailed statement and/or they may arrange for you to give a statement before a judge.

This statement is called a statement for future recall (Declarações para Memória Futura). It can be used as evidence and avoids the need for you to return to Cape Verde for any future trial.

Female officers and officers who speak English may not be available; this will depend on the resources of the police station.

The Honorary Consul in Sal may be allowed to attend at the discretion of the police officer, but not in the capacity of a translator/interpreter.

Police interview in Cape Verde: what to expect

The police may ask you about:

• the identity of the assailant
• where and when the incident happened
• what happened
• the circumstances
• whether there were any witnesses, or whether you have any documentary evidence, such as photos, instant messages from the assailant or a medical report if you have already seen a doctor

Tell the police as much as you can remember and let them know if you think you’ve been drugged.

Any statement you give the PJ will be read back to you. This is your opportunity to amend anything that is not correct or add further details before you sign it.

A copy of your statement (Auto de Denuncia) will be sent to the public prosecutor with responsibility for the area where the incident took place. The prosecutor will examine the information you’ve provided and support the PJ during the course of the investigation. You can request a copy of the document which confirms the report was made, the details of the crime and the date and place it occurred.

It’s possible to report the crime to police in the UK but it’s for the Cape Verde police to decide whether to investigate. UK police forces cannot investigate crimes committed overseas. The Cape Verde police can request assistance from the UK police, but this can be a very lengthy process and there’s no guarantee of a positive outcome to enquiries.

After the initial reporting, you may be referred to or escorted to the nearest local hospital. Where possible and if you want to, the Honorary Consul can accompany you.

If you don’t want to report the crime in Cape Verde

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

Regardless of whether or not you report the crime, you will still be able to get medical treatment. You should go to the nearest hospital, a local doctor, gynaecologist or health centre.

 We will still be able to assist you. This includes:

• helping you make arrangements to contact your insurance company and your family
• helping you make arrangements to travel back to the UK
• providing you with information on support organisations in the UK.

We can also provide you with contacts of English-speaking medical facilities and practitioners, lawyers and translators and interpreters.

The medical examination

You can go to any hospital or health centre to get advice and assistance if you have been raped or sexually assaulted. You will be seen by an A&E doctor or GP.

If you are referred to the hospital by the police, the doctor will examine you internally and take blood and urine samples to test for pregnancy and sexually transmitted infections (STIs), HIV and hepatitis. If necessary, you may be given prophylactic medication and referred to a gynaecologist if one is available.  

Treatment

The doctor will give you advice on “Post-Exposure Prophylaxis (PEP)” medication, a treatment that may prevent a HIV infection. This medication needs to be taken within 72 hours of the incident for it to be effective and continued for a period of 28 days. If you did not have a medical exam in Cape Verde or you did not get the medication, you may be able to commence treatment on your return to the UK. Ask your GP about this as soon as possible. More information on the risks of sexually transmitted infections is available on the NHS website.

If appropriate and supplies are available at the hospital, you will be given emergency contraception. Otherwise, you can get this from a chemist in Cape Verde without a prescription. It needs to be taken within 72 hours of the incident for it to be effective. If you have taken medication whilst in Cape Verde, keep the label or make a note of the name of the medication and let your GP know on return.

State hospital treatment and tests are normally free-of-charge in the case of rape and sexual assault. However, emergency medical treatment is also normally covered by your insurance/medical assistance company.

Court procedures

There are four stages to court proceedings in Cape Verde.

1. Inquiry/investigation (Instrução)

Once you report a crime and confirm you want to press charges, an inquiry is launched. This is the first stage of the criminal investigation carried out by the Judiciary Police in collaboration with the Public Prosecutor’s Office.

The police investigation may last for several months, depending on the complexity of the case.

At the end of this phase, the Public Prosecutor will either file the case (arquivamento) if there is insufficient evidence or the perpetrator cannot be identified; or formally charge the suspect (acusação).

2. Preliminary hearing (ACP: Audiência Contraditória Preliminar)

This stage is optional and only takes place at the request of the victim or the suspect, if they do not agree with the decision of the Public Prosecutor at the end of the inquiry stage. The aim of the preliminary hearing is to decide whether the case should go to trial or be dismissed.

3. Trial (Julgamento)

Crimes of a sexual nature are heard in private before one judge (although a panel of 3 judges may be required if the sentence is likely to exceed 8 years). There are normally no jury trials in Cape Verde. The aim of the trial is to decide whether there’s enough evidence to convict the defendant.

If you are notified to attend the trial to give evidence as a witness and you are unable to do so, you must inform the court as soon as possible justifying why you cannot attend and asking whether you can give evidence via videoconferencing facilities.

If you don’t attend the trial having been notified to do so, and you don’t let the court know, the criminal proceedings may be delayed, and you may have to pay a fine. If you do travel to Cape Verde for the trial, you may be reimbursed reasonable expenses on application to the court and as authorised by the judge

During the hearing, the judge may agree to the defendant leaving the courtroom while you give your statement. If you have applied for the minimum compensation, the court may also rule on your entitlement to this.

4. Sentencing (Leitura do acórdão e sentença)

If found guilty of rape or sexual assault, the defendant can be punished with a prison sentence of between 2-16 years.

The prison sentence can be further increased if the crime results in pregnancy, serious damages to your physical and emotional integrity, transmission of a contagious, serious or incurable disease, the incapacity  to reproduce, or the suicide, attempted suicide or death of the victim.

The crime of sexual harassment is punishable with a fine or, where the victim is aged between 12 and 17, a custodial sentence of between 2-6 years.

5. Appeals (Recurso)

If you don’t agree with the court decision, you can appeal through a lawyer. The defendant can also appeal.

Hiring a lawyer and legal aid

As the victim, you don’t need to appoint a lawyer to start criminal proceedings. The public prosecutor is responsible for prosecuting the defendant. However, if you wish to suggest lines of enquiry during the investigation or you’d like to be represented in court, you can become an “assistant” to the process for which you will need a lawyer. You will also need to have a lawyer if your claim for criminal compensation amounts to over 500.000$00 CV escudos (approximately £3.880) – find an English- speaking lawyer in Cape Verde

You will only be entitled to legal aid if you can prove you cannot afford court and/or lawyer’s fees. In this case, the court will request the Cape Verde Law Society to appoint a lawyer to you.

Communication

If you decide to appoint a private lawyer, your lawyer will keep you updated and will be in direct contact with the court. If you do not have a lawyer, you can contact the court directly to ask for updates.

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 so you can talk about the experience and seek further support and advice.

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

Archway Homepage

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

http://therowan.net/

If you believe you may be at risk of having contracted a sexually transmitted infection (STI), you should ask your GP to test you, even if you have been tested in Cape Verde. If the test is positive for a STI, send evidence of this to the prosecutor who will consider whether the defendant can also be charged with transmitting a contagious disease.

Read our advice on returning to the UK after rape and sexual assault abroad , where you can also find additional support organisations in the UK.

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 the 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 publication