Guidance

Maldives: information for victims of rape and sexual assault

Published 2 February 2022

This information is provided to help British nationals overseas make decisions about whether and how to seek medical advice and attention; report to local police; and 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 emergency number in the Maldives on 119 / 3322111. The international dialling code for the Maldives is 00960 for those wishing to make contact from outside the Maldives
• contact your tour operator if you are travelling with one
• contact the British High Commission. Staff will be polite, patient, sensitive 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 Maldives

If you have a tour operator, they should be able to arrange for someone to support you. If you do not have a tour operator, the Consular Officers at the British High Commission in Colombo, with your consent will try to liaise with the local police and hospital via telephone.

If you approach the police directly, you can also ask them to inform the British High Commission.

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.

Tell the police if you think you have been drugged.

Insist you get a police report, and request a translation in English if applicable.

Under Section 410 (a) (8) of the Maldives Penal Code, a person commits an offense if two persons of the same sex enter into a marriage.

The Maldives follows the British education system and as such most of the people in the country are literate in English. English speaking officers, both male and female will be available anywhere in the country.

Any evidence you will be requested to give will depend on the nature of the case.

You will not be asked to surrender the passport.

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

The British embassy or consulate will be able to help you. This includes helping you make arrangements to contact your insurance company, your family, 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.

If you are travelling with a tour operator, you can report the incident to your tour operator and ask them for assistance. Where possible and if you wish, the tour operator may accompany you to the local hospital.

It is your choice on whether to report the crime, but if you don’t report it, your case may not be investigated if there is a lack of forensic evidence.

Reporting the incident directly would help make matters more straightforward. But a foreign victim can seek the help of an individual residing in the Maldives to help report the issue.

Any medical attention required will be given, but forensic examination is dependent on the nature of the case.

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

It is possible to report the crime to police in the UK. However, it is for foreign police forces to decide whether to investigate a crime in their jurisdiction. UK police forces cannot investigate crimes committed overseas. Foreign police forces can decide to request assistance from the UK police, but this cannot be guaranteed and is a very lengthy process. Please see Rape and Sexual Assault: Returning to the UK after rape or sexual assault abroad for more information.

Reporting the crime in Maldives: what happens next?

You will be expected to make a statement but shall be protected by confidentiality if you prefer anonymity.

The Police may keep any clothes for the purpose of forensic evidence as required by a court order. You will be provided with an inventory copy of the confiscated items. The items must be returned to the owner once the investigation is concluded.

The Police may send you to the hospital for a medical examination depending on the nature of the case.

The medical examination: what to expect

• all hospitals and medical centres treat victims of rape and sexual assault
• hospitals automatically report the results of any examination to the police
• photographs of external / physical injuries may be taken together with observations relating to injuries. This will typically be undertaken by scene of crime officers (SOCO). Swabs may be collected from intimate body areas and elsewhere for forensic analysis. Tests for Sexually Transmitted Infections are also performed as required. These are all logged and registered as part of documentation
• DNA testing and analysis is also undertaken in Male’. There are specific protocols in place for testing and analysis

Treatment

• HIV PEP (‘Post-exposure prophylaxis’, a treatment that can prevent HIV infection) is available locally at the IGMH government hospital. It may not be available outside the Greater Male’ area
• hospital medical staff give advice on HIV PEP medication. 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. Specific indications for taking PEP should be checked with a clinician
• emergency contraception is available from hospitals and health centres. It is free (if a crime or alleged crime incident is suspected) and if referred by the attending physician
• emergency contraception needs to be taken within 72 hours of the incident for it to be effective
• hospital treatment and tests for initial observations and medico-legal purposes will be paid by the Maldives Police Service. Further medical treatment will need to be paid for through your insurance
• if you have had medication administered overseas, you may wish to 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
• Ministry of Health, Maldives, has provided guidelines to all health institutes within Male’ and in all atolls; there is also an existing “Medico-legal Report” form for Assault/ Road Traffic Accident (RTA) / Domestic Violence (DV) / Gender-Base Violence (GBV) / Child Abuse / Torture / (and Others), that is expected to be provided from all health institutes across the nation

Police investigations in Maldives: what to expect

The police may ask you to attend the scene, but you are not obliged to do so.

Police protect the confidentiality of all victims.

Everyone has a right on arrest or detention to be brought within 24 hours before a judge who has power to determine the validity of the detention and to release the person with or without conditions, or to order the continued detention of the accused. Police can hold a detainee for up to 24 hours before they must charge or release him/her.

You are not obliged to go in front of a public prosecutor and can provide statements or evidence confidentially. You may be provided with a state prosecutor if you have no other legal representative.

Depending on the case, you may be asked to testify in court but you will be free to leave the country.

Court procedures: what to expect

You may be asked to attend the court in the Maldives but may also testify from the UK.

You are free to leave the country.

Even without a lawyer, under Section 26 (a) of 12/2016 the Maldives Criminal Procedure, the individual who filed the case must be informed of the case decision in writing once the proceedings have concluded. Having a lawyer would help the victim stay informed of the case developments throughout the entire duration of the case.

It is possible that you may be asked to make additional statements if the case is referred for further investigation.

In the Maldives, the charges are brought by the State and as such dropping the case is not an option available to the you unless the State decides to drop the case on your (victim) behalf.

Rape will always be automatically prosecuted, and charges will not be dropped even if you wanted to.

The alleged assailant cannot press counter charges claiming false accusations. The Maldives repealed its Defamation Act and as such there are no legal avenues where the alleged assailant can press counter charges.

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.

There are no specific laws or regulations in Maldives or a state-funded compensation scheme relating to the health and welfare of people in custody. There are general prohibitions under Criminal Procedure Code, Police Act and Anti-Torture Act to refrain from torture and use of force unless necessary.

You may want 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.

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 you have been tested in the country that the assault took place in.

Support organisations in Maldives

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

Name of the main support organisation is the Victim Support Unit of the Maldives Police Service

Address: Maldives Police Service

Telephone number: 9770640, 3034458,3034459

Hours of contact and language of service : 24 Hours

Email: victimsupport@police.gov.mv

Description of services offered: If you are a victim of crime, they will offer you psychological support and help you through the process.

Disclaimer

This information is provided by the British Government for the convenience of enquirers, but neither His Majesty’s 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. This information is not intended to be a substitute for professional medical or legal advice.

Medical information has been provided by The Havens Sexual Assault Referral Centres of Kings College Hospital NHS Foundation Trust and The Rowan SARC NI and was accurate at the time of production.