Guidance

Information for Survivors of Rape and Sexual Assault in The Gambia

Published 24 November 2022

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 Sex and Gender Based Violence (SGBV) hotline number on 1313
• contact your tour operator if you are travelling with one.
• contact the British High Commission Banjul
  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

If you want to report the incident to the police in The Gambia

If you have a tour operator, they should be able to arrange for someone to support you. If you are in an area where there is a British High Commission or consulate, they 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 High Commission in Banjul 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. Tell the police if you think you have been drugged.

Insist you get a document from the police to confirm that you have reported the crime, with a police reference number and the police’s contact details so that you are able to follow up with them later. A female police officer may be able to attend if there is one available.

You will not have to surrender your passport whilst any investigation is carried out, although you will need to present it to the police for identification.

Homosexuality is illegal in The Gambia but the country’s rape law recognises that men and women can be victims of same-sex rape. The victim’s sexuality does not legally alter the investigation and any rape victim has the right to file a complaint. However, if it is established that the victim is a homosexual, there is a risk of facing criminal charges themselves.

If you do not want to report the incident to the police in The Gambia

The High Commission 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 provide you with information on local support in the UK. We can provide you with lists of English-speaking medical facilities and lawyers.

If you are travelling with one, you can also report the incident to your tour operator and ask them for assistance. If you wish, the tour operator may accompany you to the local hospital. If you wish, and depending on location and timing, a member of consular staff may be able to accompany you.

It is your choice on whether to report the crime. However, if you want it to be investigated it needs to be reported in-country. A complaint must be made verbally, in person to a police officer at a local police station; it will be recorded in the Station Diary by the Diary Keeper. The complaint is then filed within its local jurisdiction.

There are specialist divisions, based at the Gambia Police Headquarters in Banjul, for certain crimes e.g., serious offences like rape and sexual assault, human rights violations and for vulnerable people such as women and children. Complaints can be brought directly to Banjul in those instances even though the alleged offence may have occurred in another jurisdiction.

If you do not want the crime to be reported, the hospital may refuse to continue an examination and/or treatment.

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, 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 country where the crime took place, you should report the crime in that country. If you are a British national and you need help to report the crime, you can contact the nearest British embassy, high commission or consulate, or the Foreign, Commonwealth & Development Office in London.

If you do not report the crime in the country where it happened 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 will not be investigated in The Gambia if it was not reported in-country.

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 The Gambia - what happens next?

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. Tell the police if you think you have been drugged.

Insist you get a document from the police to confirm that you have reported the crime, with a police reference number and the police’s contact details so that you are able to follow up with them later. During the interview with the police, you will be asked questions to help them conduct their investigations. This will include making a statement about the incident and giving a description of the attacker(s).

Evidence such as the clothes and underwear you were wearing and other items that the offender has touched will be retained. It will help the police to gather evidence and build a criminal case. Electronic equipment such as mobile phones and tablets may also be taken temporarily to secure data that might serve as evidence in the investigations and in a court case. Devices will be returned to you when no longer needed.

The police will send you (or take you if they have the available personnel) to the nearest medical facility with facilities to conduct a forensic examination. The Gambian police will not normally inform the UK police about the assault, nor will they ask the UK to undertake police checks on you.

You can request an officer of a particular gender although there is no guarantee one will be available.

The medical examination – what to expect

Not all hospitals and medical centres in The Gambia provide help and medical treatment to victims of rape and sexual assault. At some hospitals there are specialised units called ‘One Stop Centres’ which are managed by the Network For Gender Based Violence. The One Stop Centres are located at:

• Edward Francis Small Teaching Hospital, Banjul
• Bundung Maternal and Child Health Hospital, Bundung
• Kanifing General Hospital, Kanifing
• Bansang General Hospital, Bansang, Central River Region
• Brikama District Hospital, Brikama, West Coast Region
• Soma District Hospital, Jara Soma, Lower River Region
• Farafenni General Hospital, Farafenni, North Bank Region
• Basse District Hospital, Basse, Upper River Region
• Essau District Hospital, Essau, North Bank Region

These One Stop Centres will automatically report the results of any examination to the police. Specially trained medical staff will carry out the examination. It may include swabs, blood and urine tests, examination of external injuries and testing for sexually transmitted diseases (STDs). DNA testing is also possible. Photographs may be taken to document any injuries, for which you will receive emergency treatment.

If requested, the hospital will try to arrange for a female member of the medical staff to be present, however this cannot always be guaranteed. Ask to be advised about what treatment is recommended in your particular case to prevent sexually transmitted diseases (STDs) and pregnancy, if applicable.

The British High Commission 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.

Treatment

Hospital medical staff can give advice on HIV PEP medication (‘Post-exposure prophylaxis’, a treatment that can prevent HIV infection) should you or they feel it is necessary. This medication is available locally at the One Stop Centres. 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, also known as the morning after pill, is available at the One Stop Centres and will be provided free of charge if it’s needed. Emergency contraception can also be purchased in some of the larger pharmacies without a prescription or medical examination. Emergency contraception needs to be taken within 72 hours of the incident for it to be effective.

Treatment and testing is free of charge at the One Stop Centres. One Stop Centres can also provide counselling.

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 The Gambia – what to expect

If you are the sole person that knows where you believe the perpetrator to be located or the location of the attack, you will be asked to direct and accompany the police to the crime scene. If a suspect is brought to the police station, you will be asked to make an identification.

When the suspect is arrested, they will be informed about the cause of arrest and cautioned by the arresting officer about their rights. The suspect is then questioned about the suspected offence, the matter is subsequently referred to the Criminal Investigation Division (CID) for investigation and a Police Investigating Officer (PIO) is delegated the responsibility for investigating the alleged offence.

Witnesses may be called to the police station, interviewed and statements taken at this stage. In the event that the file is not completed, the suspect may be released on bail pending further investigation. A decision is made by the Station Supervisor to press charges as soon as there is sufficient evidence.

At the point of being charged, the suspect is cautioned for the second time by the Station Officer and their statement is recorded. A crime report is submitted and the case file is forwarded to the Prosecutions Office for prosecution of the suspect in court.

The suspect may be detained for up to 72 hours before charges are made against them whilst the investigation is ongoing. Otherwise, the suspect must be arraigned before a court or released on bail until investigations are complete as stated above. If the suspect is released on bail, there is no time limit guiding the police before charge and/or arraignment except what is reasonable under the circumstances.

Alternatively, the suspect may be released if no evidence is found substantiating the complaint or offence. Once investigations are completed and the suspect is charged, a cautionary statement is taken from them, and they are arraigned before a court and prosecuted.

When the matter is in court, you will have to be present at some point to give evidence with the assistance of the public prosecutor and be cross-examined by the suspect or their lawyer. A lawyer representing the victim does not partake in any proceedings but can work with the public prosecutor and assist them when necessary. The lawyer can get the case notes from the court or prosecutor. The services of a lawyer must be paid for.

Once the case is filed you will be allowed to leave The Gambia, but may have to return if you are required to appear in court again.

Court procedures – what to expect

If a suspect is ordered to trial, you will be expected to testify in court and this can be done at any stage before the prosecution closes its case. You must be in The Gambia to testify; this cannot be done from the UK.

Without a lawyer you may not be kept aware of the case as the prosecutor does not normally provide updates due to a lack of resources. However, when a private lawyer is instructed, they will provide updates on your case.

The lawyer assists the prosecutor to file the charge sheet/bill of indictment; question the prosecution witnesses and that of the accused; draft the closing address and give legal advice to the prosecuting officer when required. The lawyer will assist the prosecutor to secure a conviction against the accused person. The trial may also be conducted more expeditiously with the assistance of a lawyer.

If the case is referred for further investigation, you may be asked to give additional statements. You may withdraw the complaint if you so wish, however, this will not warrant the police to withdraw the investigations or case from the court. Rape cases are rarely dropped from the courts in The Gambia unless there is a lack of evidence to support the case.

There will not be charges made against you for dropping the case. The alleged assailant can only take a civil action against the complainant when there is no conviction. The courts can order the offender to pay compensation for any injuries or losses, after they have been found guilty, however such compensation is at most times inadequate.

Trial procedures

Once investigations are completed, the police will send the file to the Attorney General Chambers, Ministry of Justice, for a legal opinion. Once it has been confirmed that there is evidence pointing to the accused, the file will be returned and then taken to the Prosecution Department for the accused to be prosecuted. You will then be informed of the date.

Trials are conducted in English, however, if the accused does not speak English, the proceedings will be interpreted by the Court Interpreter to the local language they understand.

You do not need to be present at every court session. You only need to be present when giving evidence and this will be communicated to you in advance. You must be in The Gambia to give evidence; you cannot testify from the UK. Should you need to attend the court after returning to the UK, you will have to cover your travel and accommodation costs. The Gambian authorities are not able to assist with such costs.

How long it takes a case to come to trial will depend on how long it takes to conclude the investigation, this might take up to a month.

It is difficult to estimate the likely time frame of criminal trials in The Gambia and it is not unusual for trials to go on for more than a year. A convicted person has a right to appeal. Depending on the court the matter was filed, appeals can be filed in two or three other courts, that is, the High Court, Court of Appeal and Supreme Court of The Gambia.

Hiring a lawyer

A privately hired lawyer can assist the prosecutor in filing the charge sheet/bill of indictment, questioning the prosecution witnesses and the accused drafting the closing address and giving legal advice to the prosecuting officer when required. Nonetheless, such a lawyer is only a “watching brief” and cannot be heard by the court on any issues that arise in the case.

A lawyer can assist you in asserting your rights in a rape or sexual assault case. A list of English-speaking lawyers in The Gambia can be found here

Communication

The prosecutor handling the case or the lawyer holding “watching brief” will communicate with you. If a lawyer is appointed, they will update you about each stage of the proceedings and about any adjourned dates.

-You will need to provide the prosecutor and/or lawyer with your contact details and preferred mode of communication. If you do not want to appoint a lawyer you will have to get in touch with the prosecutor for updates, which can be very challenging.

Legal aid

You will not be entitled to legal aid. Lawyers receive their legal fees before accepting instructions to go to court. However, there are exceptional cases where lawyers will allow their fees to be paid in instalments.

Sentencing

Sentences are weighted in favour of punishment rather than rehabilitation. The ‘type’ of crime the perpetrator would be guilty of would be a crime against the person.

Judges are able to pass mandatory sentences or imprisonment for a term provided under the law. If the alleged perpetrator is found not guilty, they will be acquitted and discharged.

Compensation

The court can order the offender to pay compensation for any injuries or losses, however, such compensation is often inadequate.

There is no state funded compensation scheme for physical or psychological injuries suffered as a result of sexual or violent crime in The Gambia.

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’
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 Ynys Saff Sexual Assault Referral Centre (SARC)
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 The Gambia

It is your choice to let people know. If you are ready to talk about it, the Network For Gender Based Violence, The Gambia, may be able to help you. For information about their services and contact details please visit:

• https://gambia.actionaid.org/support-survivors-sexual-and-gender-based-violence
• https://www.networkgbv.com/

They also have a Facebook page.

Medical staff at the One Stop Centres will also be able to provide information about support.

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).