Guidance

Nigeria: information for victims of rape and sexual assault

Updated 23 February 2024

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 national emergency number on 112 or 767 (Lagos) from a Nigerian landline or Nigerian mobile phone.

• contact your tour operator if you are travelling with one and ask them for assistance.

• contact the British High Commission in Abuja on +234 020 94623100 or the British Deputy High Commission in Lagos on +234 (0)20 12770780 / +234 (0)20 12770781/ +234 (0)20 12770782. British High Commission 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 Nigeria

You will need to report the crime while you are in Nigeria for the police to investigate the case. The report can be made by

• you
• your legal representative
• or someone with written authorisation from you

If you have a tour operator, they should be able to arrange for someone to support you.

If you are in an area that’s close to the British High Commission in Abuja or Deputy High Commission in Lagos, a consular officer can accompany you if you wish, and where timing and location allow. It is likely that the police will allow us to accompany you to the police station on a welfare basis. You will always be able to speak to trained consular staff on the telephone 24/7.  If you are a long way from us we will try to liaise with the local police via telephone. Let us know if you have any difficulties and we will speak with the police.

If you approach the police directly, you can also ask them to inform the British High Commission, Abuja on +234 (0)20 94623100 or the British Deputy High Commission, Lagos on +234 (0)20 12770780 / +234 (0)20 12770781/ +234 (0)20 12770782 and we 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 obtained to conduct an investigation

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 at the time of the incident to the police. You may wish to preserve evidence by retaining items such as condoms, toothbrushes, bed linen or texts and social media messages.

You should:

• tell the police if you think you have been drugged.
• insist that you get a copy of the police report, confirming that you have reported the crime, with a police reference number and the police’s contact details

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

There are trained police officers in Gender Units in police stations who handle cases involving rape and sexual assault in most of the 36 States in Nigeria. There are also designated Family Support Units, across the police divisions in Lagos State that are responsible for investigating all and prosecuting some Sexual and Gender Based Violence (SGBV) cases.

You can request an officer of a particular gender, although there is no guarantee one will be available. The Police will communicate in English, which is spoken widely in Nigeria.

The police will ask you to provide an account of what happened including:

• a description of your attacker(s)
• the crime scene
• the details of the assault

The police will keep any clothes or other items that were on you and the perpetrator at the time of the incident that may provide evidence of your attack to present to a forensic examiner.

The police will send you to the government (public) hospital or medical facility for a forensic examination. They may also take you if they have the available officers, but this is not part of their duties. Some of the University Teaching hospitals have specialised Sexual Assault Referral Centres (SARCs located on the premises. A SARC is a dedicated facility where healthcare, counselling and support can be provided for anyone who has been raped or sexually assaulted.

In Nigerian law, the criminal case is between the State and the accused and not between the victim and the accused. You are not required to hire a lawyer but if you do, they may accompany you when you give your statement to the police. See our list of lawyers in Nigeria who may be able to help you.

Homosexuality is illegal in Nigeria and there are laws against drug use.

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

The British High Commission, Abuja or British Deputy High Commission, Lagos 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 and Nigeria. They can provide you with lists of English-speaking medical facilities and lawyers in Nigeria

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

If you choose not to report the incident, you should still consider getting medical help as soon as possible for any injuries and because you may be at risk of pregnancy, HIV, Hepatitis B and sexually transmitted diseases.

If you wish, the tour operator may accompany you to the local medical facility.

If you wish, and depending on location and timing, a member of consular staff may also be able to accompany you.

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 Nigeria, you need to report the crime before you leave the country, if you want it to be investigated and for the police to obtain important evidence.

If you are staying in Nigeria, you should report the crime in Nigeria. If you are a British national and you need help to report the crime, you can contact the British High commission, Abuja on +234 (0) 20 94623100 or British Deputy High Commission Lagos on +234 (0)20 12770780 / +234 (0)20 12770781/ +234 (0)20 12770782 or the Foreign, Commonwealth & Development Office in London on +44 207 136 6857.

If you do not report the crime in Nigeria 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 the Nigerian authorities.  However, it is for the Nigerian police force to decide whether to investigate a crime in Nigeria and they may not take action.

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 police in Nigeria. This might be necessary in order to protect vulnerable people, or to stop more crimes being committed.

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

If you decide to report your case to the authorities, you or a lawyer, or any person authorised by you in writing, will be asked to make a statement about the incident and provide a description of the attacker(s) as this will assist the police with their investigation.

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

The police can take or refer you to a Sexual Assault Referral Centre (SARC) such as the Mirabel Medical Centre in Lagos or other primary health care centres around the country for a forensic examination. Most of the SARCs are located in larger towns and cities.

The local police will not inform the UK Police but may, with your consent, notify the British High Commission after a report has been made and you are safe.  The British High Commission can contact the UK police on your behalf. You can contact the British High Commission in Abuja on +234 020 94623100 or the British Deputy High Commission in Lagos on +234 (0)20 12770780 / +234 (0)20 12770781/ +234 (0)20 12770782.

7. The medical examination – what to expect

All hospitals and medical centres provide help and medical treatment to victims of rape and sexual assault in Nigeria but not all are able to carry out a forensic examination. The police can refer you to a government medical facility or SARC to have this done.

If you prefer to be examined by a female, the hospital will try to arrange this, but it cannot be guaranteed. The doctor will usually ask you questions about your medical history and will carry out the examination

A forensic examiner or a doctor approved by the forensic examiner will carry out a forensic medical examination to secure possible evidence.

Medical examinations are the same for male and female victims:

• you will be checked for bruising and external injuries.
• you will be checked for internal injuries by examination and they may take internal swabs.
• you can expect a pregnancy test (for females) and possible collecting of DNA samples and tests relating to date rape drugs and sexually transmitted diseases.

Photographs will also be taken to document any injuries that you receive treatment for.

Hospitals do not automatically report the results of any examinations to the police.

If notified in advance, a consular officer from the British High Commission in Abuja or Deputy High Commission in Lagos may be able to accompany you to the medical facility, where timing and location allow. You will always be able to speak to trained consular staff on the telephone 24/7.

8. Medical Treatment

You can get emergency contraception from hospitals and pharmacies in Nigeria but you will have to pay for this and you may require a prescription or medical referral. You will need to check your travel insurance policy to see if it covers medical costs. Alternatively, you can pay for your treatment using cash.

If the police take you to a government medical centre or SARC, all the treatment and tests are normally carried out at no cost. You can also go to the SARC without a referral by the police and the treatment will still be at no cost to you. If you require further treatment, for which a referral is necessary to another hospital, you may be required to pay. You should contact your travel insurance company promptly if you are referred to a medical facility for treatment to see if it covers medical costs. Medical facilities in some parts of Nigeria may only be very basic.

In Lagos State, the cost of tests and treatment is paid for by the Lagos State Government and facilitated by the Lagos State Domestic and Sexual Violence Agency (DSVA).

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

Hospital medical staff can give advice on HIV PEP (Post-exposure prophylaxis) medication, a treatment that can prevent HIV infection. PEP can be prescribed by a doctor and is available locally.

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

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 can let your GP know when you return home.

9. Police investigations in Nigeria – what to expect

As part of the investigation, the police may take you to the scene of the crime, or where you think the attacker is located in order to try to identify and arrest the person if this is thought to be necessary. You may also be asked to identify a suspect at the police station.

If the Nigerian Police make an arrest, they will take the suspect before the court within 24 to 48 hours. At this stage, the Magistrate or Judge will decide whether to:

• detain the accused in prison pending further investigation, or
• release the accused provisionally, with or without bail, pending further investigation,
• or to release them without charge if he/she believes there is insufficient evidence to prosecute.

Generally, if the police make an arrest, they will investigate and seek the consent/advice of the Director of Public Prosecutions (“DPP”) to prosecute.

If you report to the police in Lagos State, there are Family Support Units (FSU) with police officers who are specifically trained to handle cases of rape and sexual assault, and upon conclusion of the investigation, the police officers in the FSU can charge the suspect to court directly. The Gender Units in the State Criminal Investigation Division (State CID) can also directly charge the suspect to court.

You can leave Nigeria once the case is filed.

10. Court procedures – what to expect

In order to take the case to trial, you will first need to file a complaint to the police. You cannot file a complaint from the UK.

If a suspect is brought to stand trial, you will be expected to testify in person in court after the offender is charged and enters their plea (although some courts have facilities for virtual attendance). You will also be cross-examined by the lawyer to the defendant. Authorities in Nigeria will not assist with your travel and accommodation arrangements to attend the trial. You do not need to attend every court session, however, you will need to be present in court to give oral evidence when the prosecution is presenting your case.

If the case is referred for further investigation, you may be asked to give an additional statement.

If the case does not go to trial immediately, you may be summoned to appear at a trial on a later date.

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. You can choose to appeal the sentence. Courts can order the offender to pay compensation for any injuries or losses suffered in a civil action.

The charge of rape is an automatic state prosecution, which means that charges cannot be dropped. However, if you change your mind about pressing charges or you are not sure if you want to continue with the case, you can retract your statement. To do this you must tell the police or the Public Prosecutor. The trial will still go ahead and your revised statement will be considered and will support the accused’s defence. You should be aware that you can be prosecuted if you intentionally make false allegations to the police. The defendant can bring a civil action for malicious prosecution or slander.

11. Hiring a lawyer

A private lawyer’s role is to advise and inform you about the court procedure. You are not required to hire a lawyer. In Nigerian law, the criminal case is between the State and the accused and not between the victim and the accused. However, you may choose to hire a lawyer who can hold a “watching brief’ which includes monitoring the case and attending court proceedings to give regular updates to you. You can find a list of English speaking lawyers based in Nigeria

The Public Prosecutor handling your case will notify you of the trial proceedings and contact you throughout the duration of the trial. You can also approach the Court’s Registry to apply for a certified true copy of the record of proceedings of the court or obtain any information regarding your case.

You will need to provide a local contact address at the time you make your statement during the police investigation, and you should notify the police and the court of any change in your contact details if you are leaving Nigeria.

For Lagos State, you can contact the Lagos State Domestic and Sexual Violence Agency on telephone number of +234 0 800-033-3333 (24/7 Toll-free) to ask about a pro bono (free) legal advice.

12. Legal aid

You do not require legal aid as your case is led by the DPP/police.

The defendant can, however, apply for legal aid if they are unable to pay for the services of a lawyer.

13. Sentencing

The legal frameworks in Nigeria for criminal offences are:

• the Criminal Code Act (‘Criminal Code’) which applies in the Southern states,
• the Penal Code which applies to the Northern states,
• the Violence Against Persons (Prohibition) Act 2015 (VAPP),
• and other individual State laws on Domestic Violence and Sexual related offences, such as the Protection Against Domestic Violence Law of Lagos State 2007 and the Ekiti State Gender Based Violence (Prohibition) Amendment Law, 2019.

The Criminal Code punishes rape with life imprisonment, with or without caning. The Penal Code also punishes rape by life imprisonment but there are allowances for a lesser term and a fine would be imposed. The difference between the Criminal Code and Penal Code (laws) is geographical and reflects cultural and religious differences.

Under the Violence Against Persons (Prohibition) Act 2015, the minimum punishment for rape is 12 years imprisonment without fine and the maximum punishment is life imprisonment.

The VAPP operates in the Federal Capital Territory, Abuja and some other states in Nigeria which have either adopted it or brought similar laws, including Anambra State, Ebonyi State and Oyo State. States which do not have the VAPP or adopted it as a state law are still bound by the Penal Code in northern Nigeria, and Criminal Code in southern Nigeria.

14. Compensation

There is no government funded compensation scheme to cover injuries suffered from sexual or violent crime in Nigeria. You can however file a civil case in the courts to claim compensation for damages.

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 Glasgow phone 0141 211 8175
Wales	New Pathways - Sexual Assault Referral Centre (SARC) phone 01685 379 310	Ynys Saff Sexual Assault Referral Centre - Cardiff and Vale University Health Board
Northern Ireland	The Rowan - Sexual Assault Referral Centre, 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.

16. Support organisations in Nigeria

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

Lagos State Domestic and Sexual Violence Agency is a local, English language government organisation that provides and coordinates an end to end response to incidents of Domestic and Sexual Violence in Lagos State. Services provided include:

• legal
• medical
• counselling

Lagos State Domestic and Sexual Violence Agency
Cream Porta Carbine,
Block 2, Ministry of Justice,
Alausa, The Secretariat, Lagos State.
Telephone number: +234 800 033 3333 (toll free)
(Available 24/7)
Email: info@lagosdsva.org

Women at Risk International Foundation (WARIF) is a non-profit organisation (NGO) set up in response to the high incidence of sexual violence, rape and human trafficking occurring amongst young girls and women across Nigeria. Services are available in English.

Women at Risk International Foundation (WARIF)
6 Turton Street, Off Thorburn Avenue
Yaba
Lagos State
Telephone number: +234 800 921 00009 (Toll free 24/7)
Hours of Contact: Monday to Friday: 8am to 5pm
Saturday: 9am to 12pm
Email: info@warifng.org

The International Federation of Women Lawyers (FIDA) Nigeria is a non-profit organisation (NGO) set up to protect, promote and preserve the rights of women and children in Nigeria, with branches in all 36 states of Nigeria. Services are available in English.

The International Federation of Women Lawyers (FIDA) Nigeria
Block 1, Flat 1
Ankpa Close
Ogun Street Area 2
Garki
Abuja

The International Federation of Women Lawyers (FIDA) Nigeria
14/16 Makoko Road
Off Herbert Macaulay Way
Yaba
Lagos State
Telephone number: +234 708 849 6115 (not toll free)
Hours of contact: Monday to Friday: 9am to 5pm
Email: fidanigeria@yahoo.com

17. 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).