Guidance

Zimbabwe: information for victims of rape and sexual assault

Published 2 December 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 following a rape or other form of sexual assault overseas about whether and how to:

• seek medical advice and attention
• report to local police
• engage with foreign legal authorities.

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 Adult Rape Clinic
• contact the police - List of Police Stations in Zimbabwe
• contact someone you can trust who will provide support for you
• contact your tour operator if you are travelling with one
• contact the British Embassy in Harare on +263 242 85855200

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 Zimbabwe

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 embassy 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 on +263 242 85855200.

If you approach the police directly, you can also ask them to inform the British Embassy in Harare on +263 242 85855200. The British Embassy will then offer you consular support.

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, 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. The police report will be in English.

• You should not be asked to surrender your passport whilst an investigation is carried out.

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

The British Embassy in Harare will be able to help you. This includes helping you to contact your insurance company and/or your family, making arrangements to travel back to the UK, and/or providing you with information on local support in the UK.

They can provide you with lists of English-speaking medical facilities in Zimbabwe and English-speaking lawyers in Zimbabwe.

If you are travelling with a tour operator, you can also report the incident to them 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. If you don’t report it, your case will not be investigated.

You will be able to get medical attention whether or not you report the crime. You do not have to have a police report to get medical attention and, should you choose not to report the crime, results of your medical examination will be held at the hospital / clinic or Adult Rape Clinic and will not be given to you to hand over to the police.

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 cases, you need to report the crime before you leave the country where the crime occurred if you want it to be investigated and want the 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 British Embassy in Harare, 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 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 Zimbabwe - what happens next?

When you report the crime at a police station in Zimbabwe, you will be attended to by an officer from the Victim Friendly Unit who will take a statement from you and have you complete a Form 234. You should include as much information as possible about the crime in your statement, including a description of the perpetrator, if known. Officers of the Victim Friendly Unit receive special training from the Adult Rape Clinic on how to deal with victims who report a case of rape or sexual assault – they will normally be more experienced and prepared to support victims than ordinary police officers

A police officer from the Victim Friendly Unit will accompany you to a government hospital / clinic or Adult Rape Clinic for your medical examination if you have not already had one. You may have to use your own transport if no police transport is available.

The police will keep any form of evidence you provide to hand over to a forensic examiner, and the findings will be used as evidence.

Extra-marital intercourse is not a crime. Female/male rape is known as the crime of aggravated indecent assault in Zimbabwe and attracts the same penalty as rape.

Under aged drinking and drug consumption is discouraged in Zimbabwe. Evidence of underage drinking or drug consumption may have an impact on an investigation.

The medical examination – what to expect

All Adult Rape Clinics, government hospitals / clinics and private hospitals are equipped to treat victims of rape and sexual assault. It is best, if possible, to visit an Adult Rape Clinic rather than a hospital or clinic.

Forensic nurse examiners will carry out the medical examination and will explain in detail what is involved before you are examined. They will also answer any questions you may have. The results of the medical examination will be recorded on a Medical Affidavit which can be presented as evidence in court. You may choose to only receive medical care and not be examined at all.

If you go to a hospital or clinic which is unable to conduct a medical examination, you will be referred to an Adult Rape Clinic. These are located around Zimbabwe. Adult Rape Clinics deal with both adults and children.

During the medical examination, you will be physically checked for any internal and external injuries and a collection of forensic evidence will take place using swabs. Recordings of the examination and photographs may be taken. You will need to give your consent before this done.

You can request to be examined by a female or male nurse. Results of medical examinations will not be handed to the police unless you have given consent. You would need to give your consent if you made a report to the police and the results were needed for the investigation. If you choose not to report the crime to the police, you will not be given your Medical Affidavit.

The British Embassy in Harare is able to provide details of the nearest police station, hospital / clinic or Adult Rape Clinic, and accompany you should you wish. The British Embassy will not be able to pay any medical bills incurred.

Treatment

Trained medical staff will administer the following, free of charge, at government hospitals / clinics and Adult Rape Clinics:

• Post Exposure Prophylaxis (PEP)
• Prophylaxis and treatment for Sexually Transmitted Infections (STIs)
• Emergency Contraceptive Pill (ECP)

You will also be offered voluntary HIV Counselling and Testing (VCT), Pregnancy Testing, Follow up care and Psychological support/ counselling.

You will need to pay if you visit a private hospital or medical practitioner.

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

Should you choose to go to a private hospital or medical practitioner, you will be able to purchase Post Exposure Prophylaxis (PEP), Prophylaxis and treatment for Sexually Transmitted Infections (STIs) and the Emergency Contraceptive Pill (ECP) from a local pharmacy with a prescription from a doctor.

• 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 inform your local health provider when you return home.

Police investigations in Zimbabwe – what to expect

A police officer will take you to the scene of the crime, or to where you think the perpetrator is located to try to identify and arrest them. At the scene, the police will also collect fingerprints and any other form of evidence they might find.

If the perpetrator is brought to the police station, an ID parade will take place and you will be asked to make an identification. You will be protected by a screen so the perpetrator will not be able to see you.

You will be expected to go in front of the public prosecutor to make a statement. The public prosecutor will be representing you, but you may engage your own lawyer who will be a known as a “watching brief lawyer”. You will be allowed to leave the country once the case is filed, but you will need to return to Zimbabwe to attend court hearings. You are entitled to ask the Prosecutor to set a trial date that is convenient to your schedule.

If the police make an arrest, the suspect will appear before a magistrate for remand and setting of a trial date.

Court procedures – what to expect

If a suspect is ordered to trial, you will be expected to testify in court and will need to be in Zimbabwe to do this.

After you have given evidence, the Prosecutor is not obliged to keep you advised of the progress of the trial, although in some cases they may do so out of courtesy. They are, however, obliged to notify you of the outcome of the case. You may wish to hire a lawyer who can keep track of the proceedings and advise you accordingly.

The court has the authority to examine or recall and re-examine any person if his or her evidence appears essential to the just decision of the case. Therefore, a victim may be required to give additional statements in order for the court to arrive at the most accurate and just decision possible.

In Zimbabwe, all crimes are prosecuted by and on behalf of the state by public prosecutors. It is the Prosecutor General who makes the decision as to whether to stop a prosecution or ‘drop charges’ against an accused. Public prosecutors are obliged to consider the views and concerns of victims in making prosecutorial decisions. Therefore, if a victim elects to drop charges against a perpetrator, the prosecutor will take the victim’s reasons for dropping said charges into consideration and then come to the final determination of whether the matter may still be prosecuted without the evidence of the victim. It is unlikely that the prosecutor will be able to continue with the matter, given that the victim is the key witnesses in cases of rape or sexual assault.

There are no consequences for withdrawing a case and the ‘victim’ will not face any charges unless the report was malicious and untrue, in which case the ‘victim’ can be sued for damages for malicious prosecution by the ‘perpetrator’.

The victim will not be prosecuted for dropping charges against the perpetrator. The perpetrator can sue for malicious damages if there is evidence that the charges were maliciously brought and entirely false.

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.

Regardless of whether an accused person is found guilty or acquitted of a crime in Zimbabwe, the victim may still institute civil proceedings against a perpetrator for damages resulting from injury in the commission of the alleged offence. In a criminal trial, a court which has convicted a person of an offence may also award compensation to any person who has suffered personal injury as a direct result of the offence.

Trial procedures

You will be informed that a trial will take place either by the police investigating officer, the public prosecutor or your lawyer. The trial will be conducted in English. You will need to be present at every court session. You will attend court hearings on the same day as the accused. In principle, the authorities in Zimbabwe will assist with travel and accommodation arrangements and cover the associated costs, but this does not always happen. It is advisable to always separate travel and accommodation arrangements.

Where the victim is subpoenaed to attend and give evidence at any criminal trial as a witness, such victim shall be bound to attend and to remain in attendance throughout the trial, unless excused by the court. For instance, the witness may be excused and therefore not bound to attend court for routine remand appearances

Hiring a lawyer

You can hire a private lawyer should you wish.

Communication

You will communicate with the police at the time you report the crime. Your case will then be handled by the public prosecutor, who you will then communicate with. If you do not appoint a lawyer, you can communicate directly with the police and the public prosecutor.

Legal aid

Victims do not need legal aid as they are represented by the state. Some private lawyers do provide legal aid.

Sentencing

If convicted, the perpetrator will receive a lengthy prison sentence. For rape and aggravated indecent assault (female/male rape), in terms of the law, the maximum sentence that may be imposed by the courts is life imprisonment. The courts may, however, impose shorter sentences after consideration of all the particular circumstances of each case, including the age of the person raped, the extent of physical and psychological injury inflicted upon the person, whether or not any weapon was used in the commission of the rape, and the degree of force or violence used in the rape, among other considerations.

For indecent assault, which is defined as physical contact of an indecent nature, the law provides for a maximum sentence of two years’ imprisonment. The perpetrator may also be fined.

If the perpetrator of a crime is found not guilty, they are acquitted and no criminal penalty will be attached to them. However, if, upon an assessment of all the evidence that is brought before the court, it is the court’s finding that a charge of rape cannot be sustained, the law provides for an alternative competent verdict against the perpetrator. For example, if the court does not find the perpetrator guilty of attempted rape, the court may still find such a perpetrator guilty of the crime of assault if the circumstances of that case would support such a finding.

Compensation

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.

Regardless of whether an accused person is found guilty or acquitted of a crime in Zimbabwe, the victim may still institute civil proceedings against a perpetrator for damages resulting from injury in the commission of the alleged offence. In a criminal trial, a court which has convicted a person of an offence may also award compensation to any person who has suffered personal injury as a direct result of the offence.

There is no state-funded compensation scheme.

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 SARC: phone 0141 211 8175	Archway Glasgow
Wales	New Pathways SARC: phone 01685 379 310	New Pathways - Sexual Assault Referral Centre (SARC)	Ynys Saff Sexual Assault Referral Centre - Cardiff and Vale University Health Board
Northern Ireland	Rowan SARC Northern Ireland: phone 0800 389 4424	The Rowan - Sexual Assault Referral Centre

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

Support organisations in Zimbabwe

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

Adult Rape Clinic

Ward C9, Parirenyatwa Hospital
Mazowe Street
Harare
Telephone No: + 263 08080472 – Whatsapp: + 263 775 672770
Opening Hours: 08.00hrs – 16.30hrs (Monday to Friday)

During weekends, public holidays and after hours services are available in Casualty Department of Parirenyatwa and Harare Hospitals

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).