Guidance

Democratic Republic of Congo: information for victims of rape and sexual assault

Updated 22 December 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.

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 112. For a crime to be investigated, you need to report it to the local police before you leave the country
• 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 in Kinshasa on +243 81 556 6200 / +44 1908 51 6666. 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 Democratic Republic of Congo

You will need to report the crime while you are in the Democratic Republic of Congo for the police to investigate the case.

If you have a tour operator, they should be able to arrange for someone to support you. If you are in Kinshasa, we 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 in Kinshasa on +243 81 556 6200 or +44 1908 51 6666 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.

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 in the Democratic Republic of Congo will have both male and female officers. If you would prefer to make your statement to a female officer, then you can ask to do so.

Some police officers may speak English, but generally they speak French. It is not usual to find an interpreter at the police station. However, you can request one. You should wait for the interpreter to accompany you before giving your statement.

You will be asked to give all possible evidence to help the investigation. The judicial police officer will lead the investigation in the first instance. They might ask to collect DNA evidence and may want to examine your clothes. In addition, they might ask you to describe:

• the perpetrator

• the crime scene

• the details of the assault.

Consider appointing a local lawyer to accompany you when you provide your statement to the police. See our list of English-speaking lawyers in Democratic Republic of Congo who may be able to help you.

You will not need to surrender your passport while the police carry out their investigation. Just your contact details or those of your lawyer are sufficient.

You do not run any risk of reporting rape or sexual assault to the local police. Homosexuality is not considered an offence in Democratic Republic of Congo, neither is the consumption of alcohol as long as you are not caught drunk in public. Taking drugs, however, is an offence and you could face up to 5 years in prison if proven to be under their influence.

4. If you do not want to report the incident to the police in Democratic Republic of Congo

The British embassy in Kinshasa 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 in Democratic Republic of Congo
• English- speaking Lawyers in Democratic Republic of Congo
• translators and interpreters in Democratic Republic of Congo

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

You do not need to report the crime to police in order to receive 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 Democratic Republic of Congo, 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 the Democratic Republic of Congo, where the crime took place, you should report the crime to the police of DRC. If you are a British national and you need help to report the crime, you can contact the British Embassy in Kinshasa.

If you do not report the crime in the Democratic Republic of Congo where it happened and you return to the UK, the rape and sexual assault will not be investigated.

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 the Police of DRC, where it happened. This might be necessary in order to protect vulnerable people, or to stop more crimes being committed.

6. Reporting the crime in Democratic Republic of Congo - what happens next

If you decide to report your case to the Congolese 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 to a local health facility for a forensic examination. General practitioners, consultants or specialists will usually see you. Forensic examinations tend to take place in hospitals.

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.

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

The Congolese police will not automatically inform the UK police of the crime committed against you. You can request this through the British Embassy team by calling +243 81 556 6200 or +44 1908 51 6666.

7. The medical examination – what to expect

All hospitals and medical centres treat victims of rape and sexual assault. Hospitals will automatically report the results of any examination to the police.

A forensic doctor or GP will assess you for external injuries and sexually transmitted diseases. It is likely they will take photos, to help with the investigation. A female member of staff should be present at the examination. A male doctor may examine you with a female nurse present.

Medical examinations differ for male and female victims.

Female victims:

• you can expect a pregnancy test and tests for syphilis, hepatitis B, and HIV. If these tests are done within a few hours of rape, they provide information about pregnancy or infections present before the rape but not those that develop after the rape
• vaginal secretions or urine is tested for trichomonal vaginitis and bacterial vaginosis
• doctors will take vaginal, oral, and/or rectal swabs to test for gonorrhoea and chlamydia, where appropriate

Male victims:

• the examination will consist of confirming anal penetration and whether the victim is bleeding

It is possible that, if notified in advance, a consular officer or Honorary Consul from the British Embassy will be able to accompany you to the hospital. Local tour operators can assist in advising you on which hospital to go to or on the location of a local pharmacy.

8. Treatment

Medical staff can advise on HIV PEP (Post-exposure prophylaxis) medication. PEP is available in pharmacies or hospitals and it is a prescribed medicine

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.

You can get contraception at the Pharmacy. Normally a prescription is needed before you purchase the contraception, so best to ask the GP or forensic doctor during your medical examination. You will need to pay for emergency contraception and medical treatment in DRC. Check your travel insurance policy 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.

If you have had medication administered, 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 Democratic Republic of Congo – what to expect

The Congolese Police may take you to the scene of the crime, or they may ask you to identify the suspect in an identity parade at a police station.

If the Congolese Police make an arrest, they will take the suspect before the public prosecutor, and s/he will be kept up to 48 hours. After this period, s/he will be heard by the Prosecutor and then brought before the judge.

You will be expected to go in front of prosecutor to make a statement too. Your lawyer cannot do this for you, but s/he can assist you.

You will be allowed to leave the Democratic Republic of Congo once the case is filed.

10. Court procedures – what to expect

In Democratic Republic of Congo, the charge of rape is an automatic state prosecution. You do not need to first file a complaint. You can retrieve your complaint where the complaint was filed. You can do it alone or through your lawyer. The Public Prosecutor’s Office will own the case. Even if you choose to drop charges, the prosecution will continue. However, there are no legal repercussions to dropping charges once you have filed them.

You will be contacted either by the British Embassy in Kinshasa or via your lawyer if your case is brought before a judge.

If a suspect is brought to trial, you will need to testify in court after the offender is charged and enters their plea. This notification of the hearing date will be in French. You will have to give evidence, though this can be done with your face hidden if you would prefer. The trial will be conducted in French and you have the right to request a translator.

Though it is technically possible to testify from the UK, the Congolese justice system does not currently have sufficient technology to enable this in most cases. Therefore, it is likely that you will need to return to DRC to testify in court. You will only need to do this once and you are not expected to attend every court session. The Congolese authorities will not assist with your travel or accommodation arrangements.

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 RSA trials will also differ between cases. Following the completion of the court’s investigation, the judge has 10 days to make a decision on his/her ruling.

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. In certain circumstances, however, an alleged assailant can press counter charges claiming false accusations. It is their right and can be considered a defence.

11. Hiring a lawyer

A private lawyer’s role is to advise and inform you about the court procedure. You can find a list of English-speaking lawyers based in DRC. Any lawyer sitting in civil matters is entitled to defend a client who is a victim of rape or sexual harassment.

If you are not resident in Democratic Republic of Congo, you can give your lawyer’s address as your local address.

If you do not want to appoint a lawyer, you can be kept updated by the documents of service to be deposited at the British Embassy.

12. Legal aid

You can access legal assistance in the Democratic Republic of Congo by applying for free consultation offices of any bar association. However, in order to qualify for these services you must prove that you are financial destitute.

Discuss with your lawyer whether they will charge for services before your case goes to court. Some law firms accept to be paid at the end of the case while referring to their fee schedule.

13. Sentencing

Penalties are imposed according to the charges brought against the alleged perpetrator. Sentences are in favour of both punishment and rehabilitation.

If the alleged perpetrator is found not guilty, they will be dismissed from the case. Only the Prosecutor may appeal the decision

14. Compensation

Courts can order the offender to pay compensation for injuries or losses caused to the victim after they have been convicted both as a criminal court or as 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. However, if the State is the civilly liable party of the alleged perpetrator then it might be considered.

15. 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’	Rape and sexual assault referral centres
Scotland	Archway SARC: phone 0141 211 8175	Archway Glasgow
Wales	New Pathways SARC: phone 01685 379 310	New Pathways - Sexual Assault Referral Centre (SARC)	Ynys Saff Sexual Assault Referral Centre - Cardiff and Vale University Health Board
Northern Ireland	Rowan SARC Northern Ireland: phone 0800 389 4424	The Rowan - Sexual Assault Referral Centre

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.

15.1 Marie Stopes DRC

Concession Safricas, n°14
Sergent Moke Street
Socimat Area
Ngaliema Town
Kinshasa

Hours of contact: 8:00am to 4pm

Language of service: French
Service provided: Marie Stopes provides contraception and safe abortion to women in urban and rural communities all over the world.

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).