Guidance

Information for survivors of rape and sexual assault in Mauritius

Updated 29 November 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 in Mauritius 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)

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 local emergency services on 999 or 148 (24/7 helpline)
• contact your tour operator if you are travelling with one
• contact the British High Commission in Mauritius. 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

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

If you have a tour operator, they should be able to arrange for someone to support you. If you do not have a tour operator and you would like assistance from the British High Commission in Mauritius, we will try to send a consular officer to 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 Mauritius.

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. In Mauritius, the police report will normally be conducted in English.

All police officers in Mauritius speak English. There will be both male and female police officers available. If you are female, a female police officer should be present for all important procedures.

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

The British High Commission in Mauritius will be able to help you. This includes helping you make arrangements to contact your insurance company, your family, travel back to the UK and/or provide you with information on local support in the UK. We can also provide you with a list of English-speaking medical facilities and lawyers .

If you are travelling with one, you can report the incident to your tour operator and ask them for assistance. Where possible and 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, but if you do not report it, your case may not be investigated.

If you do not report the crime, you may still be able to get medical examination but not a forensic examination.

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, including Mauritius, you need to report the crime before you leave the country if you want it to be investigated and police to obtain important evidence. A crime should also be reported in person.

If you are a British national and you need help to report the crime, you can contact the British High Commission in Port Louis, or if you are in the UK the Foreign, Commonwealth & Development Office in London.

If you do not report the crime in Mauritius 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 Mauritius. 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 Mauritius. This might be necessary in order to protect vulnerable people, or to stop more crimes being committed

5. Reporting the crime in Mauritius - 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 as they will keep those which may be evidence of your attack to present to a forensic examiner. They may also take your bed sheets, passports and any other clothing/ jewellery items that can be used as evidence. Any personal belongings taken from you will be returned to you once investigation have been conducted.

If you are reporting a crime in Mauritius, the police will take a statement/report as to what has happened and they may ask you for the description of the attacker.

The police will send you to the Police Medical Examination Officer for a medical examination.

6. The medical examination – what to expect

All local hospitals and private clinics in Mauritius treat survivors of rape and sexual assault.

The medical officer will report the medical examination to the police. For this to be done, the medical officer will request a form from the police called FORM 58. This form will allow the medical officer to write their medical statement/findings, and that statement will be taken to court as evidence.

In Mauritius, the Chief Medical Officer carries out the medical examination. Samples or swabs will be collected from your clothes, mouth and hair. There will also be an internal examination.

Consular staff can accompany you to the hospital if you wish.

7. Treatment

Medical staff in local hospitals and private clinics can give you advice on “Post-Exposure Prophylaxis (PEP)” medication, a treatment that may prevent HIV infection. This can be prescribed at any hospital. More information on risks is available on the NHS website.

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.

In Mauritius, emergency contraception can be bought from local chemists or given to you at the hospital as part of the emergency treatment. It needs to be taken within 72 hours of the incident for it to be effective. However, the hospital may ask for a prescription depending on your age.

In Mauritius, treatment is free of charge at government hospitals. There is also private hospital care, where you will be asked to pay for your treatment. If you have insurance, you can make a claim.

If you have had medication administered in Mauritius, you may wish to 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 Mauritius– what to expect

The police will take you to the scene of the crime for a reconstruction. At this stage, you will not have contact with the accused to avoid the risk of post-event trauma.

If you are taken to the police station to identify the accused, this will be done in a room with a glazed window. Therefore, the accused will not be able to see you, but you will have the opportunity to identify them.

An arrest in Mauritius may take several years in some cases. In order to progress through the legal process, the police investigation must be completed. This information will then be passed on to the Director of Public Prosecutions (DPP). The DPP will choose the relevant offence, followed by an indictment. You and the accused will then be called to court, and trial will start.

Once the case is filed, you can leave the country, but you will need to be in Mauritius once the trial starts. You will have to provide the court and police with a postal address and contact number so they can get in touch about the start of the trial.

9. Court procedures – what to expect

If a suspect is ordered to trial, you will be expected to testify in court, in-person. This is normally done after the formal witnesses. However, you do not need to be present at every court session. It may be possible to testify from the UK, but you would need the court’s permission to do so.

If you do not have a lawyer, the police will notify you of trial dates. It is up to you to decide whether or not you want a lawyer. The benefit of appointing a lawyer is for reassurance and to answer any questions you might have about the process.

Once the case has been fixed for trial in court, you will not normally be required to give additional information even if it has been referred for further investigation.

If you want to drop the charges, you will have to write to the Director of Public Prosecutions (DPP) to advise you no longer wish to proceed with the case. However, the DPP can still insist that the case be heard. If good reasons are given as to why you do not want to proceed, the DPP will agree to your request.

The accused can bring a civil action for damages against you if they believe that you have made a false accusation. However, it is still for the DPP to decide whether a criminal prosecution against the accused should proceed.

You may bring a claim for damages against the accused, though these types of claims are very rare.

There are no state-funded compensation schemes to cover physical or psychological injuries suffered because of a violent crime in Mauritius.

10. How can my case be taken to trial?

The Director of Public Prosecutions is the only person to decide if a case goes to court.

There is no set timeframe for reporting a crime in Mauritius. However, when you do report a crime it must be done in-country, and in-person. For sexual offences it is important to report the cases as soon as possible in the interest of gathering evidence.

11. Trial procedures

The police will inform you of the trial dates. The proceedings which are relevant to your deposition will be conducted in English and, if necessary, the accused will be provided an interpreter. Witnesses can make their statements in court in any language they wish.

If you have to attend a trial in Mauritius, the authorities will not assist with travel and accommodation arrangements.

It normally takes about one year for the case to come to trial; however, this may be longer depending on how the case is progressing.

The defendant has the right to appeal and has 2 rounds of appeal available to them.

You do not have to attend court if the case goes to appeal.

11.1 Hiring a lawyer

If you wish to hire a lawyer in Mauritius, please see our list of English-speaking local lawyers.

A privately-hired lawyer will advise you of the legal procedures and will help you with any legal questions that you may have.

11.2 Communication

The police will normally communicate with you, especially when attendance is required in court.

You need to decide whether or not to appoint a lawyer. Victims in criminal cases normally do not have private lawyers to assist them personally as the Director of Public Prosecutions will delegate a lawyer from their office for serious cases.

11.3 Legal aid

There is no legal aid in Mauritius.

Witnesses for the prosecution bear no costs when testifying in a criminal case. The costs of the case are met by the authorities.

11.4 Sentencing

Sexual offences are treated seriously by the court. On conviction, they would normally result in imprisonment.

If the prosecution fails to prove its case and the case is dismissed, the defendant will be acquitted. They cannot be put on trial for the offence for a second time.

12. When you return home to the UK

You may want to let your GP or a Sexual Assault Referral Centre 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

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 Mauritius.

13. Support organisations in Mauritius

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

13.1 SOS Women’s Shelter

SOS Femmes is a non-governmental organisation, set up in 1989 to give advice, support and a shelter to women and children who are victims of domestic violence, incest and rape.

Address:

Ramana Maharshi Street
Coromandel
Mauritius

• Phone/ Hotline: +230 233 3059 (available 24/7)
• Email: [email protected] or [email protected]
• Website: http://sosfemmes.intnet.mu

13.2 Domestic violence (Women/Abused Children, Sexual assaults, - Domestic Violence Desk

• Phone: +230 208 0034/+230 213 4093/ +230 210 2122/ 999 (open 9:00-18:00)]
• Language of service: English, French and Mauritian Créole

13.3 Theft, rape, paedophilia and any other offence of criminal nature - Emergency Response Service

• Phone: +230 686 7706/ 999 (24hr telephone service)
• Language of service: English, French and Mauritian Créole

14. 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).