Madagascar: information for victims of rape and sexual assault
Information to help British nationals make informed decisions following a rape or other form of sexual assault in Madagascar.
First steps
If you’ve been sexually assaulted it’s important to remember that it was not your fault. Rape and sexual assault are 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.
It is your choice what you do next, but this information may help you make a decision. The most important thing is to make sure that you are as safe as you can be. You can:
- contact the international emergency number on +44 1908516666
- contact your tour operator if you are travelling with one
- contact consular staff at the British Embassy in Antananarivo in Madagascar
Consular staff will be empathetic and non-judgmental. They 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.
For information on support available in the UK, see Rape and sexual assault: returning to the UK.
If you want to report the incident to the police in Madagascar
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, take those you were wearing to the police. You may wish to preserve evidence by retaining items such as condoms, toothbrushes, or texts.
There is no time limit for reporting a rape and sexual assault crime. However, it must not exceed 10 years from the time the crime occurred. A local representative is required if the report is filed in the UK.
Reports can be filed in French and local authorities speak Malagasy and French.
Before you go to the police station
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, high commission or consulate, they will try to send a consular officer to support you, where timing and location allow. You will 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 nearest British embassy, high commission or consulate on +261 202233053 so you can get consular support.
Police officers
At the police station, both male and female police officers will be available to talk to you. Local authorities speak Malagasy and French. The police may provide you an interpreter, however, this may not be possible at every police station and depends on their capacity. You will have the right to contact your nearest British consulate to request a list of translators. These are also available on our website.
Making a statement and submitting evidence
You should:
- tell the police if you think you have been drugged
- ask for a police report and request a translation in English if applicable
You will have to make a statement about the incident including a description of the attacker(s) as it will help the authorities with their investigation.
The police will send you (or sometimes, take you) to the nearest local hospital for a forensic examination.
The police will ask for your passport to register your details for the case. They will also keep any clothes or electronic equipment which may be evidence of your attack to present to a forensic examiner.
Available support
A Consular Officer from the Embassy can accompany you to the police station as well as to the hospital if you wish.
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.
After making a statement
According to the Malagasy code of criminal procedure (the “CCP”), police officers can request assistance of any individual they consider helpful for their investigation. In other words, if police officers consider it necessary to take you to the scene of the crime, or where the attacker is located to try to identify and arrest the person, they can do so.
If a suspect is brought to the police station, the law does not specifically require you to make an identification. You also have the right to refuse.
If the police get a warrant before making an arrest, the suspect is immediately taken before the judicial authorities, a court, or a member of the public prosecutor’s office.
After an arrest, the police will submit the investigation file to the mandating magistrate who will decide whether the suspect should be formally charged with a crime. The mandating magistrate proceeds to a preliminary hearing of the suspect. The suspect must be brought before a magistrate of the public prosecutor’s office and interviewed immediately. If the interview is not done immediately, the suspect will be detained in prison for not more than 24 hours. Failing to meet the deadline likely will justify the suspect’s release.
You will need to give a statement to the public prosecutor about the crime committed against you. Your lawyer can give the statement on your behalf if needed. The statement or complaint can only be made while you are in the country, or by a lawyer acting for you. The Code of Criminal Procedure gives you the right to be assisted by a lawyer from the Malagasy bar and trainee lawyer who can transfer all information, reports and documents relating to the case to the public prosecutor. Your lawyer and the defendant’s lawyer can have access to the case notes at this stage.
There is no legal requirement for lawyers to provide pro bono service.
You are allowed to leave the country once the case is filed.
If you do not want to report the incident to the police in Madagascar
The British embassy will be able to help you, including by:
- helping you to contact your insurance company or your family
- accompanying you to the local hospital or medical facility, where possible
- providing you with lists of English-speaking medical facilities, lawyers and translators
- helping you with arrangements to travel back to the UK
- providing you with information on local support in the UK
You can also report the incident to your tour operator if you are travelling with one. They may be able to help you, including accompanying you to the local hospital.
It’s your choice whether to report the crime. If you don’t report it, your case may not be investigated.
You can still receive medical treatment even if you do not report the crime. However, you will not be able to have a forensic examination.
The medical examination: what to expect
If you are given medication to take while abroad, you should keep the label or make a note of the name of the medication. You can then give it to your local health provider when you return home.
Where to go
All hospitals and medical centres in Madagascar treat victims of rape and sexual assault. See list of medical facilities in Madagascar.
Examination
If requested, hospitals can share the results of the examination with the police. Medical staff will carry out the necessary examinations, which may include checking for external injuries, taking swabs, testing for sexually transmitted infections (STIs), and other relevant tests. They may also take photographs of any injuries. The examination process is the same for women and men. If the patient is a woman or a child, a female member of the medical staff will be present.
If you would like someone to accompany you to the hospital, you can contact the British High Commission in Madagascar or your tour operator and ask whether they can arrange this.
HIV prevention
HIV post-exposure prophylaxis (PEP) medication (a treatment that can prevent HIV infection) needs to be taken within 72 hours of the incident for it to be effective. The NHS may be able to start or continue the 28-day treatment when you return to the UK.
Hospital staff can advise you about HIV post-exposure prophylaxis (PEP). This medication is only available with a prescription from a medical professional.
Emergency contraception
Emergency contraception needs to be taken within 72 hours of the incident for it to be effective.
Emergency contraception is available at hospitals and does not require a prescription.
Paying for treatment
You will need to pay for all medical treatment and tests.
If you want to report the incident to the police in the UK
The support available to you and your access to justice may depend on where you report the crime.
If you want the crime to be investigated and key evidence to be collected, you may need to report it to the police before you leave Madagascar.
If you live in or are remaining in Madagascar and the crime took place there, you should report the crime there. If you need help to report the crime, you can contact the nearest British embassy, high commission or consulate, or the Foreign, Commonwealth and Development Office in London.
If you do not report the crime in Madagascar 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 Madagascar. However, foreign police forces 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 Madagascar. This might be necessary to protect vulnerable people, or to stop more crimes being committed.
Court procedures: what to expect
If the case goes to court, you will be expected to testify and provide evidence as part of the legal proceedings. However, you are not required to attend court in person. A lawyer, or another person acting on your behalf with a special written power of attorney, can represent you instead. You may be able to appear in court or give evidence from the UK by video or telephone link, if this has been agreed by the relevant authorities in both countries.
If you are a minor, your initial hearing may be conducted by video link. You may also choose not to be physically present during the court proceedings or leave the courtroom during parts of the hearing, but you must be represented by a lawyer.
You have the right to be kept informed about the progress of the case by the police, even if you do not hire a lawyer. However, having a lawyer can help protect your legal interests and guide you through the justice system.
You will not normally be required to provide any additional statements after your initial statement to the police.
You are entitled to request that the charges be dropped once they have been filed. However, even if you make such a request, it is for the Public Prosecutor to decide whether to proceed with or discontinue the case, taking into account the seriousness of the offence and the public interest.
If you are a minor, the Public Prosecutor must continue the case even if you or your legal guardian request that the charges be dropped.
Trial procedures
Anyone who has been a victim of an offence can file a claim directly against the offender.
You can hire a lawyer to represent you and provide support and advice throughout the trial process.
You do not need to attend every court hearing in person. If agreed by the relevant authorities in both countries, you may be able to appear in court or give evidence from the UK by video or telephone link under international mutual legal assistance arrangements.
If you do not attend the trial in person, your legal representative must attend on your behalf.
The Malagasy authorities are responsible for arranging your appearance before the court. Travel and subsistence costs may be covered, with any allowances calculated from your place of residence and paid in accordance with Malagasy law and regulations.
The case may take around one year to reach trial, although it could take longer depending on how the case progresses through the justice system. The defendant has the right to appeal decisions made by the court, which may result in further delays.
Sentencing
Sentences are weighted in favour of punishment.
Under the Malagasy Criminal Code, rape and sexual assault offences are classified as offences against public morality and are referred to as ‘indecent assault’.
The court may impose a range of penalties, including imprisonment, fines, and hard labour.
An accused who is found not guilty is immediately released. However, you may be able to appeal the court’s decision. If the person accused of the crime is acquitted, the court’s judgment must explain the reasons for that decision.
As a civil party, you can ask the court to award compensation for any harm or loss caused by the defendant. However, the defendant may also seek compensation from you if the court finds that the prosecution was unjustified.
Hiring a lawyer
A lawyer’s role is to advise, support, defend and represent their client throughout the legal process, whether they are the victim or the accused. If you choose to hire a lawyer privately, they can assist you at every stage of the case, advise you on your rights and responsibilities, represent your interests in court, and help ensure that your case is presented effectively in accordance with the law.
You can get help from English-speaking lawyers in Madagascar.
Legal aid
You may be entitled to legal aid. To apply, you must submit a request to the competent judge through the Public Prosecutor’s Office.
Legal aid may be available to people who cannot afford to hire a private lawyer. Your eligibility will be assessed based on your financial circumstances, including evidence of your or your spouse’s monthly income and resources. If the victim is a minor, the income and resources of their parent or legal guardian will be assessed instead.
People who are unable to afford a private lawyer can be granted means-tested assistance. Your financial situation will be evaluated based on the evidence of yours and your spouse’s monthly resources. In the case of a minor victim, their parent’s or tutor’s monthly resources will be evaluated.
Legal aid covers the provision of free legal advice and the costs of the legal proceedings.
Compensation
In general, the court can order the offender to pay compensation for any harm or loss you have suffered if you make a civil claim. You can bring a civil claim for compensation once the criminal case has been considered by the court.
Madagascar does not provide financial compensation through a state-funded compensation scheme for victims of violent crime. However, victims may be able to access state-funded support services, including healthcare, psychosocial support, and legal and judicial assistance.
Points of contact
The police officer in charge of your case is likely to be your main point of contact.
If you appoint a private lawyer, you may need to decide whether you wish to receive updates and other communications directly from the police officer or through the lawyer.
If you have returned to the UK or are not in Madagascar, you should be able to communicate with the police officer by email.
Support organisations in Madagascar
It is your choice to let people know. If you are ready to talk about it, these organisations may be able to help you.
Centre Vonjy
The centre can support girls and boys under 18. If you are an adult, they can redirect you to the nearest police station for assistance.
The centre is located at almost all big public hospitals in Antananarivo, Nosy Be, Toamasina, Mahajanga, Toliara and other cities. You may need a translator as the staff mostly speak Malagasy and French.
The Centre provides comprehensive support, including medical care, psychological support, and assistance from relevant authorities who are part of the multidisciplinary team.
Juridical help: Trano Aro ZO
Legal clinics are available in Ivandry and Andohotapenaka in Antananarivo, as well as in Betroka and Ihosy in the Anosy and Ihorombe regions.
Telephone +261 33 01 339 11
Facebook: TAZAndohatapenaka
SAHALA project
The organisation works to raise awareness of gender-based violence (GBV) and encourage men, whether or not they have committed violence, to take an active role in preventing it. Its work includes listening and support services, educating children about non-violence, and promoting gender equality and positive masculinity.
Area of intervention: Analamanga and Menabe
Telephone: 034 79 057 32
Facebook: Sahala
Social centre ARRUPE: Social centre for vulnerable people
ECAR Faravohitra, Antananarivo
Telephone: 020 22 310 23
Facebook: Social Centre Arrupe Madagascar / @centresocialarrupe.mg
TIHAVA Network
The organisation provides shelter and support for victims of violence. It is also part of a network of around 50 organisations working together to prevent and respond to domestic violence.
Telephone: 034 43 619 52
Facebook: reseautihava
Christian Action for the Abolition of Torture - ACAT Madagascar
This is a non-religious organisation that works to prevent and respond to all forms of torture, including domestic violence.
Head of Acat Madagascar: Laure Rabetokotany
Lot III U 152 T Bis X Anosizato -East, Antananarivo 101
Telephone: 033 28 350 53/34 17 762 55
Email: acatmadagascar@yahoo.fr
Source of information: https://www.womenconnect.org/web/madagascar/social-services
Glasgow and Clyde Rape Crisis Centre
Glasgow & Clyde Rape Crisis Centre is a support service for British women and girls aged 13 and over who have been raped, sexually assaulted or sexually abused. They can also assist friends and family members of survivors.
Their service gives access to UK-based real time support from anywhere in the world via telephone, instant messaging or email.
Helpline and live chat are available from:
- Monday to Friday, 11am to 2pm UK time
- Monday to Thursday, 5.30pm to 7.30pm UK time
When you return to the UK
If you think there is a risk that you have 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 where the assault took place.
You may want to let your GP or a Sexual Assault Referral Centre (SARC) know what has happened to you. You can talk to them about your experience, and they can help you get further support and advice where you live.
England
Help after rape or sexual assault
Scotland
NHS Inform Scotland: Help after rape or sexual assault
Wales
New Pathways: Life Beyond Sexual Violence
Northern Ireland
The Rowan (SARC)
Disclaimer
This information has been prepared by UK government 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 the UK government nor any official of British embassies, high commissions or consulates 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 (2 February 2022).