Guidance

Eritrea: information for victims of rape and sexual assault

Published 23 November 2022

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.

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 by dialing +291 1 124993 or go to the nearest police station
• If you have a tour operator, they should be able to arrange for someone to support you
• contact the British Embassy Asmara on +291 1 125123. 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

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

Before you go to the police station

You can approach the police directly by dialling +291 1 124993 or in person at a police station, which are open 24/7. You can also ask them to inform the British Embassy in Asmara on +291 1 125123 and they can offer you consular support. We will provide you with consular support and can try to arrange for a consular officer to accompany you to the police station, if practically possible.

If you choose to report the crime, try to do so as soon as possible, so that 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, take those you were wearing to the police. You may wish to preserve evidence by retaining items such as condoms, toothbrushes, or text messages.

At the police station

When you report the incident, the police will interview you about what happened and take a statement. The interview may happen in private: in hospital, at home or at the police station, depending on the circumstances.

You will be expected to give details of the incident including the time, location, what happened, and information about the identity of the attacker(s).

After you have made your statement, the police will read it out to you and ask you to sign it. You will not be provided with a copy of your statement, but you should insist on getting a police report, and request a translation in English if applicable.

Eritrean police will not inform the UK police of the crime.

Female and English speaking officers as well as interpreters are only available on-call or by appointment. You may have to wait until these become available. You can also appoint your own interpreter.

There are no specialist officers or facilities dealing with rape and sexual assault cases, and the police do not tend to handle cases or victims with extra sensitivity. Consular staff will try to be there to support you, if you wish.

Tell the police if you think you have been drugged. Drugs are illegal in Eritrea. A victim of rape and sexual assault who is found to have drugs in their system and to have taken them willingly will be prosecuted for drugs offences. The attacker will separately be pursued for the rape or sexual assault crime. If your attacker forced you to take drugs or gave them to you without your knowledge, and this can be proved, then you will not be pursued on drugs charges.

Drinking alcohol is not a crime in Eritrea.

The police can seize any personal belongings as evidence. If clothing is seized, you will not be given a change of clothes. Seized evidence may be given to the public prosecutor, and presented as evidence in court. In these cases, your personal belongings may not be returned to you until after a court verdict is delivered.

While extramarital sex is not a crime in Eritrea, adultery is illegal. If it cannot be proven that the sexual act was non-consensual and a third party makes a complaint to the authorities about adultery, the victim could face counter charges.

Homosexual acts are illegal in Eritrea. If authorities believe an act was consensual, and a third party complains to the authorities about the incident, the victim could face counter charges.

After making a statement

Investigations in Eritrea are police-led. If you want the incident to be investigated, you must report it to the police before you leave Eritrea. By law the investigation should happen as soon as possible, but there is no stipulated timeframe.

The investigating officer may also summon and question any person with information on the offence or the offender.

After completing their investigation, the police will send the case to the public prosecutor. The public prosecutor may then order the police to carry out further investigations, including by calling the victim for further evidence giving.

As rape is treated as a public crime, a victim can only withdraw their complaint before it is assigned to an investigative officer. In practice this usually takes a number of hours. Once the complaint has been assigned, the case cannot be withdrawn and the victim will be obliged to give evidence at all stages of the investigation and court case.

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

In Eritrea, it is not mandatory to report crimes of rape or sexual assault.

You can report the incident to your tour operator, if you’re travelling with one. They may be able to help you, including accompanying you to the local hospital.

If you seek medical assistance, the hospital is obliged to report the crime to the police. However, the case will only progress to investigation if you register a complaint.

If you do not report the crime and then leave Eritrea, there will be no investigation, even if police in the UK or elsewhere inform police in Eritrea of the incident.

Whatever you decide, the British Embassy will be able to help you. This includes:

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

If you wish, and depending on location and timing, consular staff may be able to accompany you to the local hospital.

The medical examination: what to expect

Where to go

If you do not report the crime, you can still receive medical attention at a health centre or hospital, if you wish. You will need to pay for medical care.

The hospital is obliged to report the crime to the police. However, the case will only progress to investigation if you register a complaint.

Wherever possible a member of the consular team will accompany you to the hospital, if you wish. Medical staff usually speak English. You can make a specific request for a male or female member of staff, although this will depend on availability.

Examination

A forensic medical examination will involve an internal examination to obtain evidence of a sexual act, and an external examination. The medical report is sent directly to the police and to the prosecutor. It will not be shared with you.

Treatment

Sexually transmitted infections (STI) tests, including HIV tests, can be carried out at the time of the examination. HIV post exposure prophylaxis (PEP) – a treatment that can prevent HIV infection – must be taken within 72 hours of the incident to be effective. If not taken, the NHS may be able to start or continue a 28-day treatment when you return to the UK.

Emergency contraception is available in pharmacies for a charge. Certain types of contraception require a doctor’s prescription or medical referral.

If medication is prescribed in Eritrea, you should keep a note of it so that you can share this with your doctor in the UK.

Court procedures in Eritrea: what to expect

The public prosecutor will lead on the case and inform you of any resulting trial. A privately-appointed lawyer can also follow the case and update you on the progress of the trial.

Victims only need to be present at the witness hearing. However, you can follow your case by attending the court on the adjournment dates, if you wish.

During the trial, the public prosecutor is required to prove beyond reasonable doubt that the accused is guilty of committing the crime.

The public prosecutor will first present their evidence. They will call witnesses, including the victim. A panel of judges (the number of which depends on which court the case is heard at) will assess the case to decide if the suspect has criminal responsibility, or should be acquitted at that stage. If the suspect is found to have criminal responsibility, they will be allowed to present their defence and call any witnesses. This could include you as the victim. The court will then study the case and give its judgment.

Following the verdict, the public prosecutor and the convicted person have one right of appeal to the appellate court.

You must be present in the courtroom when giving evidence. The accused will remain in the courtroom at all times. No special screens or measures will be in place in the courtroom. You will be able to see the perpetrator and they will be able to see you.

If the perpetrator chooses to represent themselves in court, they will have the right to cross-examine any witnesses, including you.

The local authorities will not assist or support any victim or witness in testifying from overseas.

Be aware that the accused may be able to press counter charges, including that you have made false accusations.

Hiring a lawyer

There are no lawyers who specialise in cases of rape or sexual assault in Eritrea.

If and when your case reaches court, the public prosecutor will act as your lawyer free of charge. Your privately-appointed lawyer can assist you during the police investigation and follow the case to court for you. There is no legal aid in Eritrea.

See list of English speaking translators.

Sentencing

Rape and sexual assault cases can carry prison sentences of up to 15 years. If the alleged perpetrator is found not guilty, they are released.

Compensation

There is no state-funded compensation scheme for victims of rape and sexual assault in Eritrea. The court can order the offender to pay compensation to the victim for any injuries or losses, in addition to the conviction.

You must file a civil case in court if you want to claim additional compensation for any injuries suffered, including physical injuries and/or trauma.

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

If you do not report the crime in Eritrea and you return to the UK, you can still report the matter to your local UK police. The UK police can offer you access to victim support in the UK.

The UK police may also send the information you provide to the police in Eritrea. This might be necessary to protect vulnerable people, or to stop more crimes being committed. However, the Eritrean police will not investigate a crime reported from overseas.

If you want the crime to be investigated and the police to obtain important evidence, you must report it in Eritrea before you leave.

The FCDO provides more information for British nationals who have been affected by rape or sexual assault abroad, and how to access medical attention and legal advice when returning to the UK.

Returning to the UK

Read our advice on returning to the UK following rape and sexual assault abroad.

When you return, you may wish 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 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, even if previously tested in Eritrea.

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 (February 2022).