Guidance

Information for survivors of rape and sexual assault in Mali

Published 26 July 2023

1. 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 police on 17
• contact your tour operator if you are travelling with one
• contact the British Embassy in Bamako on +223 44976913. Embassy 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.

2. If you want to report the incident to the police in Mali

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.

If you approach the police directly, you can also ask them to inform the nearest British embassy or consulate on +223 44976913 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.

Do not forget to:

• tell the police if you think you have been drugged
• insist you get a police report and request a translation in English if applicable

Extramarital sex and homosexuality are not crimes in Mali, however, there is a strong cultural bias against homosexuality, so it would be advisable in such cases to be accompanied by a trusted person when reporting such crimes to the police.

The consumption and the possession of narcotics is a crime in Mali. It is unlikely that a victim of rape or sexual assault who has taken drugs voluntarily would be charged for that – the police will probably focus on the crime of rape or sexual assault but may try to establish the source of those narcotics.

You can request an officer of a particular gender, and the police will provide an interpreter if one is needed. The preparatory investigation is usually judge-led, but this can be delegated down to the judicial police. Once a judicial investigation is opened, the judicial police carry out the investigation and prosecution of criminal offences. You should not have to surrender your passport to the police during the investigation.

A lawyer will not be assigned to you. Instead, you must instruct your own lawyer, unless entitled to legal aid.

3. If you do not want to report the incident to the police in Mali

The British Embassy in Bamako 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, 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 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, and in Mali, you will need to report the crime in-country for it to be investigated. If you choose not to report the crime, you will still be able to get medical attention.

4. 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 on +44 20 7136 6857.

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.

5. Reporting the crime in Mali - 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.

During your interview, the police will ask questions to help them conduct their investigations. This could include making a statement about the incident and giving a description of the perpetrator(s). You can request an officer of a particular gender and, if you do not speak the local languages or French, the police will provide an interpreter.

You should insist you get a document from the police confirming 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.

The police will keep any clothes or electronic equipment that may be evidence of your attack to present to a forensic examiner. The police will inform the British police of the assault but will not ask the UK to carry out police checks on you.

Once you have made your statement, the police will take you for a medical examination. Hospitals are easily accessible in major cities, but less so in rural areas.

6. The medical examination – what to expect

Not all hospitals and medical centres in Mali treat victims of rape and sexual assault. Hospitals that are able to treat you will not automatically report the results of any examination to the police. But they will prepare a corresponding medical report for the police.

A health worker will conduct a psychological and physical examination of you, taking samples and photographs if necessary. A female member of the medical staff will not necessarily be present; you can request one but there may not always be one available.

If you would like a consular officer to accompany you, we will try to arrange this if time and location allow. If you are travelling with a tour operator, their local representative may also be able to escort you.

7. Treatment

Hospital medical staff can give advice on HIV PEP medication (‘Post-exposure prophylaxis’, a treatment that can prevent HIV infection). The availability of PEP drugs depends on the locality and is medically prescribed. 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 any pharmacy. It does not require a prescription or medical referral. Emergency contraception needs to be taken within 72 hours of the incident for it to be effective.

You will not need to pay for treatment. Hospital treatment and examinations are covered by the relevant state authorities.

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 let your local health provider know when you return home.

8. Police investigations in Mali – what to expect

The police may ask to take you to the scene of the crime or where you believe the perpetrator to be located, in order to try to identify and arrest them. The police may ask you to identify a suspect. Once arrested, the suspect(s) will remain in custody for 48 hours, which can be extended on the authorisation of the public prosecutor or investigating judge.

The judge will decide whether:

• the case can be dealt with quickly (with an immediate conviction)
• to place the suspect in prison pending further investigation
• to release the suspect on bail
• to release the suspect without charge if they consider there is insufficient evidence to prosecute

At the initial stage of the investigation, you will be expected to go in front of the public prosecutor to make a statement. A lawyer cannot do this on your behalf. But they do have to case notes at this stage. In Mali, lawyers can offer an initial pro bono service, but it is not mandatory.

Once the case is filed, you can leave the country. If you do decide to leave Mali, you will have to provide the court/police with a reliable postal address and contact number so that you can be informed of when trials will start.

If a suspect is tried, you will be asked to testify in court. If permission is granted, you will be able to give evidence from the UK with no obligation to return to Mali, or through legal representation in-country.

9. Court procedures – what to expect

If a suspect is ordered to trial, you will be expected to testify in court. You will be heard at all stages of the criminal proceedings. You will not be able to testify from the UK via videoconference, as the court does not allow for it. You will be expected to return to the country.

Without a lawyer you are still entitled to be kept aware of the case, but there are benefits to hiring a lawyer, such as being consulted on the approach that is being taken. If the case is referred to further investigation you may have to give an additional statement.

It is possible to drop charges once they are filed if you wish to, but in the case of rape, this may not put an end to the proceedings. There are no legal repercussions to you for withdrawing, and you will not face any charges for this. However, you would waive the right to compensation for damages suffered.

The accused can make counteraccusations, claiming false accusations in their defence. If found guilty of this, you can face imprisonment for a period of 1 month to 3 years, and a fine.

In the event of a conviction for rape or other sexual assault, you may be granted compensation for the harm resulting from the offence. Civil action for damages can be brought at the same time as the public action. In which case, at the end of the criminal trial, the same decision will rule on both the penalty (punishment) and compensation. You can also obtain compensation before a civil court if compensation was not requested before the criminal court, and if the attacker is found to be guilty (at the end of the criminal trial).

9.1 Trial procedures

You will know whether there is going to be a trial soon after the investigating judge has made their decision. The public prosecutor will notify all parties within 24 hours of the judgement being made.

The trial will be conducted in French. If any of the accused, witnesses, etc, do not speak French sufficiently, or if it is necessary to translate a document submitted to the debates, an interpreter will be appointed.

You will need to be present at every court session until proceedings are closed, unless permission has been granted by the court, which is highly unlikely. As such, you will not be able to testify from the UK. If you have to travel to attend the trial (ie, you are not usually resident in Mali), the authorities will not assist with travel and accommodation arrangements of costs. You could instead include the costs incurred as part of your claim for damages.

There is no fixed time limit for a case to come to trial in Mali. Criminal cases begin with a preparatory investigation, and proceedings can then be subject to appeals which can significantly extend the length of the process.

9.2 Hiring a lawyer

The assistance of a privately hired lawyer, even before the complaint is filed, can be particularly useful as they can advise and help you to file a complaint. A lawyer can explain time limits for action, the process of the court procedure and its consequences.

In Mali, lawyers generally work in all areas of law, and as such it would be difficult to find a lawyer who specialises in rape and sexual assault cases.

The British embassy in Mali has produced the following:

• a list of English-speaking lawyers/notaries in Mali
• a list of translators/interpreters in Mali

10. Communication

The government is required to keep you informed at all stages of the investigation. If not resident in-country, you do not necessarily have to provide a local address in order to be contacted. Your home country address should be sufficient for the police to keep in touch. If you have a private lawyer, you should receive updates through this person.

11. Legal aid

Victims are entitled to legal aid in Mali, if in need. The Malian Legal Aid Commission will assess suitability after you have submitted a “certificate of indigency”. This certificate can be issued by your local municipality, according to financial criteria determined by them. As such, it may be difficult to access legal aid if not resident in Mali. However, there are local civil society organisations which may be able to support.

Legal aid covers access to all judicial and extra-judicial services. Lawyers tend to charge for services before the case goes to court.

12. Sentencing

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

As rape is a criminal offence, conviction for rape will automatically lead to the convicted person losing their civic rights. Rehabilitation is available to them once their sentence is served, or they are pardoned, as a means to recover their rights and erase all disqualifications and incapacities. It does not reduce the sentence.

Rape in Mali falls under the category of indecent assault. Sentences for rape can range from 5 years to life imprisonment. If the accused is found not guilty, they are acquitted and released. They would then be able to obtain damages against their informer(s), for slander.

13. Compensation

In Mali, the court can order the offender to pay compensation for any damages suffered after they have been convicted in a criminal court, but as a result of civil action (a civil suit can be filed either at the same time as criminal proceedings or after).

14. 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
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 where the assault took place.

15. Support organisations in Mali

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

15.1 1. Women in Law and Development in Africa (WiLDAF)

Women in Law and Development in Africa is a Human Rights NGO, which promotes the good knowledge and effective use of the law. It can provide aid and support to vulnerable women.

Telephone: +223 229 9182/+223 223 6708 (Monday to Friday 08:00 to 18:00, French speakers only)

Address:

WILDAF
Appart A4 Avenue OUA
BP 1823
Sotiba

15.2 2. APDEF

APDEF is a women’s rights organisation.

• Telephone: +223 2291028 (Monday to Friday 08:00 to 17:00, French speakers only)
• Email: [email protected]

Address:

APDEF
Hamdallaye ACI 2000
Immeuble Djire-Av Cheick Zayyad
BP 1740
Bamako

15.3 3. One-stop centre

A link between justice and women survivors of gender-based violence. The centre will be able to provide information about support available to you.

• Telephone: +223 20229525 (Monday to Friday 08:00 to 18:00, English and French speakers available)
• Email: [email protected]

Address:

One Stop Centre IPA Building
Quartier du fleuve
Bamako

16. 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).