Guidance

Information for victims of rape and sexual assault in Botswana

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 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 local emergency services on 999 or 997 (24/7 helpline);
• contact your tour operator if you are travelling with one;
• contact the British High Commission in Gaborone on +267 395 2841. 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 Botswana

If you have a tour operator, they should be able to arrange for someone to support you. If you are in an area near the British High Commission, 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 on +267 395 2841.

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. You do not run any risk from reporting a rape or sexual assault to the police in Botswana. Extramarital sex is not a crime. Drinking and smoking tobacco is not a crime, but taking any other drugs is a crime.

At the police station there will be English-speaking male and female officers to talk to. You may be asked about the event, whether there are any witnesses, whether you screamed, whether anybody heard the screams, whether you scratched the assailant, whether you were taken for medical examination and whether there was penetration.

If you wish, a consular officer from the British High Commission may be able accompany you to the police station. The police will take your case to the Director of Public Prosecutions who will register the case with the court once they are satisfied with the evidence gathered by the police.

You will not be required to surrender your passport during the investigation. 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 living in the country where the crime took place, you should report the crime in that country. If you are a British national living in Botswana and you need help to report the crime, you can contact the British High Commission or the Foreign, Commonwealth & Development Office in London.

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

The British High Commission will still be able to help you with things like contacting your insurance company and/or your family, making arrangements to travel back to the UK and providing you with information on support available locally and in the UK. The British High Commission can also provide you with lists of English-speaking medical facilities, lawyers and translators.

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 be able to 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 whether to report the crime.  If you don’t report it, your case may not be investigated.

If you do not wish to report the crime you may still be able to get medical treatment. You are entitled to medical help following a rape or sexual assault. However, in practice some local medical service providers may tell you to report the assault to the police before they will give you treatment. If this happens, the British High Commission can support you by either explaining your entitlement to treatment to the medical provider, or by suggesting other medical providers who are ready to provide treatment without requiring a police report.

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

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 can 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.

Interpol can request the local police in the country where the crime happened to investigate. However, it is for foreign police forces to decide whether to investigate on not, 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 Botswana - 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 police report and request a translation in English if applicable.

You can walk into a police station, a hospital or speak to social services to get help. The Botswana Police have some “child friendly centres” to support victims of sexual violence in Gaborone. Although these centres mostly cater for minors, women can also receive help there too. The centres are focused on creating a safe space for victims to give evidence to police.

Social workers at the centres provide basic counselling, write reports that serve as evidence in the case, and make referrals. The centres can also sometimes provide temporary shelter for a few days if needed. Organisations such as Botswana Gender Based Violence Prevention Centre in Gaborone and Women Against Rape in Maun can also sometimes provide emergency accommodation.

Outside Gaborone, many police stations do not have police officers trained in gender based violence. You can ask to be taken to a special gender based violence protection branch to get specialised assistance. Some hospitals may not have rape kits available to administer- the police must bring this and the medical forms to be completed by a doctor. If you present at a child friendly centre, the police should take you to the hospital for medical examinations and treatment. The doctor has to complete a form which is used in evidence.

When reporting the crime to the police, you have to make a statement about the incident describing the attackers. Evidence in a rape and sexual assault case is normally forensic swabs, victim interview/statements (including a report from social services, if you opt to receive counselling), doctor’s examination and completed form

The police may keep any clothes or other items which may be evidence of the attack. The police may retain your mobile phones as part of evidence. If you have not been to the hospital already, the police can take you to the local hospital for a forensic examination. Local police might not inform UK Police and might not ask UK to undertake police checks on you.

The medical examination – what to expect

There are no one-stop centers in Botswana where you can access police assistance, medical examination and treatment, and psychosocial support. This means that you’ll need to access police and medical assistance in different places, and you may need to arrange your own transport between the services. Your tour operator or accommodation may be able to help you arrange transport.

You are entitled to medical help following a rape or sexual assault. However, some local medical service providers may tell you to report the assault to the police before they will give you treatment. If this happens, the High Commission can support you by either explaining your entitlement to treatment to the medical provider or by suggesting other medical providers who are ready to provide treatment without requiring a police report.

All hospitals and medical centres can treat victims of sexual assault and rape. However, forensic evidence may only be taken by a government hospital. If you wish to report the crime to the police, you will need to receive treatment at a government hospital. If you do not wish to report the crime, you can access treatment at a private hospital.

There may be long waits for treatment at government hospitals as doctors are on call from other medical facilities, and services are overstretched. A medical doctor will carry out an examination which includes checking for external injuries, checking for sexually transmitted diseases and pregnancy, taking swabs of body surface areas, and conducting DNAs.

Treatment

Hospital staff can give you advice on HIV Prep medication (Post-exposure prophylaxes, a treatment that can prevent HIV infection). This medication is widely available in local hospital and medical centres. A medical doctor will prescribe this medication for you if needed – for free in a government hospital, or for a small fee if you visit a private one. You do not need to tell the doctor about the assault in order to get a prescription. You can access HIV Prep for free.

Referrals to social services for psychological support may be overstretched. A list of alternative organisations that can provide psychosocial support are listed at the end of this guide.

Police investigations in Botswana – what to expect

The police may take you to the scene of the incident or the location where you think the attacker may be found to try to identify and arrest the person. If a suspect is brought to the police station you may be asked to make an identification. Usually, identification happens face to face. If the police make an arrest they may take time investigating depending on the complexity of the matter.

Whilst there are many caring police and other service providers in Botswana, the attitudes of a significant minority might be negative. It may be necessary to escalate the case to more senior or more specialist officers within the police. The British High Commission can help you raise issues with the police or service providers.

Many police stations, especially outside Gaborone, do not have police officers trained in gender-based violence. You can ask to be taken to a police special gender-based violence protection branch to get specialised assistance. There are no one-stop centres where you can access police assistance, medical examination and treatment, and psychosocial support. This means that you’ll need to access police and medical assistance in different places, and you may need to arrange your own transport between the services.

Court procedures – what to expect

In Botswana, the police investigate crimes and arrest suspects. The public prosecutor decides whether or not there is enough evidence to prosecute the perpetrator. The prosecutor will make this decision on the basis of the evidence available. Your statement to the police, the results of your medical examination and any forensic evidence taken at a government hospital will form part of the evidence. If you speak with social services, they may write a report that will also be used as evidence.

You may leave the country whilst police and judicial procedures are ongoing. However, the police may ask you to remain in country whilst an investigation is underway, this is subject to the discretion of the investigating officer. If you decide you want to withdraw from legal proceedings, the court can compel you to attend court sessions to give evidence, but in practice normally decide not to pursue the matter. The police may help you with accommodation and travel expenses for you to attend trial in-country.

In rape proceedings, evidence is given in private behind closed doors. Only the magistrate, court staff, lawyers, victim, and perpetrator sit in.

How can my case be taken to trial?

The public prosecutor will register the case at the Magistrate court and initiate prosecution if there is sufficient evidence to do so. The investigating officer will inform you of the date of trial. We are aware of cases that have taken months or years to come to trial because of an overstretch in the criminal justice system.

The trial may last for weeks. The criminal justice system is slow due to a variety of reasons, including tactics by the defence, loss of evidence, a lack of rape and sexual assault one-stop centres, and poor co-ordination between the relevant agencies: police, hospitals, and social services – many of whom are also overstretched.

Trial procedures

The trial is conducted in English. The courts will require you to attend court sessions in your matter. The Investigating officer should keep you updated throughout the process. If they are not doing so, you can escalate within the police. It may also take some time for the judge or magistrate to pass sentence after judgment.

The alleged assailant can press counter charges claiming false accusations. You can drop charges even after it has been filed without legal repercussions.

Hiring a lawyer

You may wish to instruct a private lawyer to look after your interest in the matter. A private lawyer is particularly helpful in instances where the investigating officer is failing to keep you updated on the progress of your case. A lawyer can follow up on your behalf and help ensure the investigating officer provides updates and follows all required processes to avoid jeopardising your case.

If you are not resident in Botswana, you may give your private lawyer’s address for purposes of the case. You are still entitled to be kept aware of the case even without a private lawyer. Lawyers who specialise in criminal law are able to deal with rape and sexual assault cases. The FCDO provides a list of English-speaking lawyers in Botswana.

Legal aid

Some lawyers may be able to offer you legal advice pro bono if you need a legal opinion outside the services of the public prosecutor. You may be able to access this service through non-governmental organisations that help with issues of gender based violence such as Women against Rape (WAR), and the Botswana Network on Ethics, Law and HIV/ AIDS (BONELA). The Botswana Gender Based Violence Prevention and Support Centre (BGBVPC) works with legal firms who can do pro-bono work to support victims.

BGBPVC have a 24/7 helpline and an application called ‘Ame’ which is accessible by sending ‘help’ to 16510, and a Facebook page ‘Botswana Gender Based Violence Prevention & Support Centre’. You can find contact details of these organisations at the end of this guide.

Sentencing

In Botswana a rape offence carries a minimum sentence of 20 years or a maximum term of life imprisonment. Convicted sex offenders are entered into the national sex offenders’ register. If the alleged perpetrator is not found guilty, you may appeal to a higher court until you reach the Court of Appeal.

Compensation

The courts can order the offender to pay you compensation for any injuries or losses.

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 (SARC) - Cardiff and Vale University Health Board
Northern Ireland	Rowan SARC Northern Ireland: phone 0800 389 4424

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

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 Botswana

There are also a range of organisations in Botswana that you can talk to if you chose to do so.

1. Botswana Police Service Child Friendly Centre

• Address: Broadhurst Gaborone
• Telephone: +267 3624000
• Operating hours: 24/7
• Services: reporting to the police and evidence, basic counselling, temporary shelter (note that the facility does not itself provide medical assistance, but it’s staff can help you access medical assistance at a nearby hospital)

2. Botswana Gender Based Violence Prevention and Support Centre

• Address: Plot 6062/3 Extension 19 Broadhurst, Gaborone
• Telephone: +267 3907659
• 24/7 help line: +267 74265081
• Email: [email protected]
• Operating hours: Monday to Friday, 08:00 to 17:00
• Services: Counselling for victims of gender-based violence; temporary emergency shelter for women and their children; medical treatment for victims of rape and sexual assault

3. Women Against Rape

• Address: Maun Botswana
• Email: [email protected]
• Telephone: +267 6860865/ Toll free: 0800 600 387
• Operating hours: Monday to Friday 08:00 to 17:00
• Services: Counselling; legal aid; emergency shelter

4. Botswana Network on Ethics, Law and HIV/AIDS

• Address: Gaborone Botswana
• Email: [email protected]
• Telephone: +267 3932517
• Operating hours: Monday to Friday 08:00 to 17:00hrs
• Services: Advocacy and legal aid

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).