Guidance

South Sudan: information for victims of rape and sexual assault

Updated 3 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 emergency services on 999
• contact the British High Commission in Nairobi on +254 (0)202 873 000 or +254(0)202 844 000 or use our online contact form. Consular 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 South Sudan

Consular staff can provide support. Consular support to individuals in South Sudan is provided by the British High Commission in Nairobi. You will always be able to speak to trained consular staff on the telephone 24/7 on +254 (0)202 873 000 or +254 (0)202 844 000.

If you approach the police directly, you can ask them to inform the British High Commission in Nairobi on the numbers above.

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.

Police officers in South Sudan will speak English and you can report the crime in English. You can ask to speak to a male or female officer specifically, but this might not always be possible.

To help with an investigation, the police may retain items such as the clothes you were wearing at the time of the attack, condoms, toothbrushes, texts or social media messages. The police may also take pictures of places of your body where there is evidence of injuries.

The police may also refer you to a hospital for a forensic medical examination. The examination could include a pelvic scan, internal swabs, fingernail scrapings and blood samples. The police may ask the hospital to share the results of your examination to use as evidence.

You should not be required to surrender your passport. The police should only use your passport to confirm your identity when recording the case or processing other relevant documentation.

You should be aware that the state does not assign lawyers to victims of rape and sexual assault in South Sudan. However, you can appoint a lawyer to represent your interests and to update you on the progress of your case. This might be particularly important if you plan to leave South Sudan while your case is ongoing. The Foreign, Commonwealth and Development Office provides details of English-speaking lawyers in South Sudan.

In South Sudan, a rape or sexual assault case must be reported within five years from the time it occurred.

South Sudanese law requires you to report the attack in person unless you are a child, physically disabled or mentally ill. In such circumstances, your guardian can report the attack on your behalf.

If you do not want to report the incident to the police in South Sudan

Consular staff at the British High Commission in Nairobi will be able to help you. This includes helping you to contact your insurance company, your family, making arrangements to travel back to the UK and/or providing you with information on local support in the UK.

You may wish to consult our lists of medical facilities and English-speaking lawyers in South Sudan.

It is not possible to report a crime to the police in South Sudan once you have left the country. However, if you decide not to report the assault, you can still seek medical attention.

Consular staff will support you with whatever decision you make.

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 many countries, including South Sudan, you need to report the crime before you leave the country if you want it to be investigated.

If you are a British national and you need help to report the crime, you can contact the British High Commission in Nairobi.

If you do not report the crime in South Sudan 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 country where the crime happened. However, it is for foreign police forces to decide whether to investigate a crime in their jurisdiction 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 the country where it happened. This might be necessary in order to protect vulnerable people, or to stop more crimes being committed.

Reporting the crime in South Sudan: what happens next

Rape and sexual assault in all its forms is a crime in South Sudan. The police should investigate any allegations of rape and sexual assault. In some cases, an investigation may be led by the Public Prosecution Attorney or a Magistrate of the court.

You will need to provide a statement giving as much information as possible, including a description of your attacker if you can. When you make your statement, the police officer will record your testimony in a form called First Information Report. You will be asked to read and sign the statement.

To help with an investigation, or to use as evidence in court, the police may retain items such as the clothes you were wearing at the time of the attack, condoms, toothbrushes, text or social media messages. The police may also take pictures of places of your body where there is evidence of injuries.

The police may refer you to a hospital for a forensic medical examination. The examination could include a pelvic scan, internal swabs, fingernail scrapings and blood samples. The police may ask the hospital to share results of your examination to use as evidence.

It is rare for the police to accompany you to the hospital.

The South Sudanese police will usually not inform the UK police of a rape or sexual assault case except when seeking the help of UK police in the course of their investigations.

The medical examination: what to expect

Primary Health Care Centres and County hospitals in South Sudan should be able to conduct a medical examination and provide treatment for minor injuries.

“One-stop” centres offering medical, psychosocial and legal assistance can be found in major towns such as Juba, Bor, Kapoeta, Malakal, Malualkon (Aweil), Rumbek, Torit, Wau and Yambio.

The examination should be conducted by a doctor who may be assisted by a nurse. You can ask for a female staff member to be present, but this cannot be guaranteed.

The examination may include a head to toe examination for external injuries, a pelvic exam, internal swabs and blood tests.

Hospitals will not automatically report the results of an examination to the police. This will only happen if the police, Public Prosecution Attorney or the court request them to.

Consular assistance in South Sudan is offered remotely from the British High Commission in Nairobi. This means that consular staff will not be able to accompany you to the hospital. However, you will always be able to speak to trained consular staff on the telephone on +254 (0)202 873 000 or +254(0)202 844 000.

Treatment

Primary Health Care Centres and County hospitals in South Sudan should be able to provide treatment for minor injuries. If you have serious injuries, you may need specialist care, which may only be available in Juba, the capital city. Cases that require more complex medical care may require medical evacuation out of the country.

Speak to hospital staff if you are concerned about exposure to HIV. In general, health workers in South Sudan have adequate knowledge of HIV PEP treatment (‘Post-exposure prophylaxis, a treatment that can prevent HIV infection) and will also be able to write a prescription. Post-rape treatment kits, which contain HIV PEP medication, are available at major hospitals and at select Primary Health Care Centres. They are also available at many NGO run facilities.

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.

Emergency contraception is available at major hospitals and at select Primary Health Care Centres. It is also available at NGO run facilities and can be obtained over-the-counter at private pharmacies without the need for a prescription. Emergency contraception is free in government facilities, but you may have to pay in other facilities.

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

While treatment at government hospitals is free, the healthcare system in South Sudan is heavily challenged by lack of adequate resources. It is therefore possible that medical personnel, equipment or medication may be in short supply, especially outside of Juba, the capital city.

Private facilities generally offer better services, for a fee. You may want to consult our list of medical facilities in South Sudan. Costs could be paid by you or your insurance company, if you have one.

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 local health provider know when you return home.

Police investigations in South Sudan: what to expect

With your consent, the police may ask you to revisit the location of the incident as part of their investigation. However, you can refuse if you are not comfortable doing this and you can identify the location another way.

You may be asked to make an identification of your attacker. If you are not comfortable being in the same room as your attacker you can identify the suspect by photograph. You will be under no obligation to make an identification but it can help the police investigating the crime if you can do so.

A person arrested by the police as part of an investigation may be held in detention for up to 24 hours. The Public Prosecution Attorney or a Magistrate may renew detention for up to two weeks, in increments of one week.

If a suspect is charged, a Magistrate may order his or her continued detention for up to three months, in increments of one week. Only the President of the Court of Appeal can order continued detention beyond three months.

If the police transfer your file to the Public Prosecution Attorney, you may be asked to appear in front of the public prosecutor to make a further statement. If you have already left the country, you can file a written statement via a lawyer. At this stage, the prosecutor will decide whether to present your case in court.

You can leave South Sudan at any point.

Court procedures: what to expect

The court will usually expect you to be present in court during a trial. The presiding judge may call on you to provide an oral statement during the court hearing. However, you can request the presiding judge, through a lawyer, for permission to submit a written statement instead. You can also ask to give evidence by video link, however, the court’s capacity to honour this request will be limited and you should not rely on being able to do this.

You can also request the judge, through a lawyer, to conduct a closed hearing away from the public.

You do not need to appoint a lawyer to be kept informed of the progress of your case, but getting updates from the courts or police without a lawyer could be challenging, especially if you have left South Sudan. Embassy staff cannot monitor the trial or provide updates to you.

It is not easy to drop charges once they have been filed. Even if you withdraw from the proceedings the case will be taken through to its conclusion unless the judge terminates it at his/her discretion.

Your alleged assailant will be able to press counter-charges, including of false accusations. In this case, the Public Prosecution Attorney must decide if there is sufficient evidence to take these counter-charges forward.

The court can order that the offender pays you compensation. However, compensation will not be granted if you drop your charges or withdraw from the case.

Taking case to trial

The Public Prosecution Attorney will determine whether the case proceeds to trial. If you are not happy with the decision of Public Prosecution Attorney you may appeal to their direct senior in charge.

Trial procedures

The trial will be conducted in English.

You will usually be expected to return to South Sudan to testify in court. In very rare cases the court may allow you to testify from abroad by video, but you should not rely on being able to do this.

The accused may also apply to the court to compel you, or any witness, to attend proceedings for purposes of examination or production of any evidence.

Where the court summons someone to attend a hearing on application by the accused, it may order the accused to deposit in the court reasonable expenses for their appearance, except for transport which will be paid by the government.

The period of time it takes for a case to come to trial will depend on how fast the police conclude their investigations and reviews done by the Public Prosecution Attorney.

Like for all other cases, rape and sexual assault trials may take a long time to conclude as the South Sudanese judicial system is extremely backlogged due to insufficient staffing and a lack of resources.

If the defendant is convicted, they have a right to appeal the verdict.

Hiring a lawyer

A privately-hired lawyer can support and represent you at any stage of the criminal proceedings. They can file applications and receive notifications on your behalf.

Lawyers who specialise in rape and sexual assault cases are not common in South Sudan. However, you can consult our list of English-speaking lawyers in South Sudan.

Normally, if you hire a private lawyer, they are likely to ask for a cash advance on their estimated legal fees before they take your case on. The British Embassy cannot pay legal fees or guarantee to a lawyer that you will pay them.

Communication

Your lawyer as well as the investigating authorities should communicate with you throughout all stages of the investigation and trial.

If you do not wish to appoint a lawyer, you can seek regular updates from the investigating officer or the Public Prosecution Attorney directly. However, it may be challenging to obtain updates without a lawyer.

You will need to provide a local address to receive updates, but if you are not resident in South Sudan, you can use your lawyer’s address.

If you do not appoint a lawyer and you have no residential address in South Sudan, you will have to agree with the police or the Public Prosecution Attorney on how you will be kept updated.

Legal aid

Legal aid in South Sudan is primarily administered through local and international NGOs, including the South Sudan Law Society. Contact the South Sudan Law Society for further information and to apply for legal aid.

State-appointed legal aid is only given to those charged with serious offences.

Legal aid covers legal advice and/or representation of victims in court.

Sentencing

Sentences are normally weighted in favour of punishment, rather than rehabilitation.

The penalty for rape and sexual assault in South Sudan is imprisonment for up to 14 years and may also include a fine.

If an alleged perpetrator is found not guilty, the court shall acquit him/her. Under South Sudanese law, a person who has once been tried by a Magistrate or Court of competent jurisdiction for an offence cannot be tried again for the same offence.

Compensation

The law provides for adequate compensation for victims of offences.

You may also bring a claim for compensation as a supplementary civil suit in addition to criminal proceedings.

There is no state-funded compensation scheme to cover physical or psychological injuries suffered as a result of a sexual or violent crime.

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.

Region	Contact details
England	Visit NHS Choices website
Scotland	Archway SARC: phone 0141 211 8175
	Glasgow and Clyde Rape Crisis
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. You should do this even if you have been tested in the country that the assault took place in.

Support organisations in South Sudan

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

Family Protection Centre, Juba Teaching Hospital, Unity Road, Juba

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).