Guidance

Information for Survivors of Rape and Sexual Assault in Seychelles

Published 24 November 2022

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 following emergency numbers:
  1. Police: 999 or +248 4288000. In the case of minors, you can call 166 (Children Helpline)
  2. Hospital: +248 438800 or 151 for immediate hospitalisation
• contact your tour operator if you are travelling with one
• contact the British High Commission in Victoria. 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 Seychelles

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, we will try to send a consular officer to you. 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 Victoria on +248 4283666 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.

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 Seychelles, the police report will normally be conducted in English.

Most police officers in Seychelles speak English. There will be both male and female officers available to talk to in Seychelles if you need to. Should you require an interpreter, this can be made available to you upon request. It is likely that the police will allow us to accompany you.

You will not have to surrender your passport whilst the investigation is carried out. The police will take a copy of it.

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

The British High Commission in Victoria 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 and lawyers.

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. If you don’t report it, your case may not be investigated as there may be a lack of forensic evidence.

If you do not report the crime, you may still be able to get medical attention. You will need to visit the Seychelles Hospital and speak with a doctor at the emergency room. Please be aware that the doctor may notify the police, however it is your choice whether you want legal action to be taken. In the case of a minor, the hospital will also notify the police or Social Affairs staff and based on the result of the investigation, legal action will be initiated automatically.

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 Seychelles, you should report the crime there. If you are a British national and you need help to report the crime, you can contact the British High Commission in Victoria, or the Foreign, Commonwealth & Development Office in London on +44 20 7136 6857.

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

Reporting the crime in Seychelles - 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 are reporting a crime in Seychelles, you will be required to make a statement/report about the incident including a description of the attacker(s) and crime scene. If you have been drugged, you should tell the police. Most police officers in Seychelles speaks English so reporting a crime can be done in English.

If you change your clothes, think about taking those you were wearing to the police. The police will keep any clothes, which may be evidence of your attack to present to a forensic examiner. You may wish to preserve evidence by retaining items such as condoms, toothbrushes, or texts and social media messages. Any personal belongings taken from you will be returned to you once the case is over except for electronic equipment, which will be returned immediately after the police has extracted any information that may help with the investigation.

The police will also provide you with a referral for forensic examination at the Seychelles Hospital. If you wish, you can have friends, family members or our consular staff accompany you for emotional support.

The medical examination – what to expect

The Seychelles Hospital and private clinics in Seychelles treat victims of rape and sexual assault.

The medical officer will report the medical examination to the police. For this to be done, medical officers will carry out a full physical examination, which includes examining the victim for any serious injuries/illnesses, swabbing for DNA and screening for STDs. In female victims, a urine pregnancy test will also be carried out. No photographs will be taken.

Wherever possible one or two public medical doctors would be designated to carry out the medical examination in the presence of a police officer. In the case of a minor, the child must be accompanied by a parent/guardian and an officer from the Child Protection Unit.

The public medical officer on duty is responsible for conducting the medical examination. It may be therefore challenging to specify the gender of the medical examiner preferred.

Whenever possible our consular staff will accompany you to hospital to support you, if that is what you want.

Treatment

Medical staff can give advice on HIV PEP medication (‘Post-exposure prophylaxis’, a treatment that can prevent HIV infection). This can be medically prescribed by medical doctors. 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 to be effective. This is available over the counter at local pharmacies, medical centres and private clinics in Seychelles.

Medical doctors will also treat any acute injuries and provide a referral for psychological counselling as appropriate. You or your insurer will need to cover the associated cost for all medical treatment, consultations etc. You may also obtain a copy of the medical report for a small fee.

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.

Police investigations in Seychelles – what to expect

The police will take you to the scene of the crime to collect more information for the case. If you know the location of the perpetrator, the police will arrest the person immediately. You will not normally have any contact with the suspect except when you need to make an identification. The process of identifying a suspect may involve face-to-face identification.

You will only be expected to go in front of the Prosecutor to discuss the case, lawyers cannot do this on your behalf. This process can be arranged to allow foreigners to return to their place of residence, if necessary. Once you have given your statement the Prosecutor will only contact you if more information is needed.

You will be allowed to leave the country even if your case has not been filed. The Prosecutor will file the case on your behalf.

Court procedures – what to expect

Once you have reported the incident to the authorities and the required examinations have been undertaken, the investigative officer will transfer the case to the Attorney General’s (AG’s) Office. The AG’s office will assign a Prosecutor to your case, review and bring your case before a Criminal Court.

At this stage, the judge can either:

• instruct the suspect’s imprisonment or release them on bail condition pending trial
• release the suspect if believe there is insufficient evidence to prosecute

The judicial process can be lengthy.

If a suspect is ordered to trial, you will be expected to testify in court. If you have left Seychelles you may be asked to return; however, you can request to give testimony using an audio-video link from abroad. Depending on the circumstances, you could also give evidence before leaving. If the case requires further investigation, you will be asked to give an additional statement.

If you change your mind about pressing charges or you are not sure if you want to continue, you can retract your statement. To do this you must tell the police or the public prosecutor. You cannot face charges for wanting to drop charges (unless you falsely reported a crime).

The accused can press counter charges claiming false accusations, but this is a separate process.

Trial procedures

The court or public prosecutor will inform you of trial dates. If a trial is fixed and you are called to testify, you will be summoned by the court to appear during a trial. If you have left Seychelles and need to return for the trial, you will be informed through the prosecutor.

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

It can take years before a final sentence is passed. After the sentence has been passed, the defendant has 14 days to appeal.

Communication

The court will not automatically update the British High Commission on the case’s progress. We can make enquiries and seek updates from the prosecutor on your behalf, but you will need to request and consent to the information being shared by the prosecutor.

During the investigation, the police will normally communicate with you. Once the case goes to court any information will be communicated through the prosecutor.

While in Seychelles you will need to give a local address. You will need to provide the address in your country of residence if you leave Seychelles before the case is ordered to trial.

Legal aid

There is no legal aid to help victims in Seychelles, though if a Prosecutor is assigned to your case this will be free of charge.

Hiring a lawyer

You can hire a lawyer if you wish to, but this is not a requirement as the prosecutor will lead on your case. We can provide you with a list of local lawyers.

Sentencing

Depending on the nature of the crime, the perpetrator may be guilty of other offenses, such as human trafficking, possession of offensive material and indecency. The prosecutor or your lawyer will be best placed to advise you in regard to sentencing.

The maximum sentence for rape/sexual assault charges in Seychelles is 20 years. Charges will be dismissed against the alleged perpetrator if found not guilty.

Compensation

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

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 Ynys Saff Sexual Assault Referral Centre (SARC)
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 that the assault took place in.

Support organisations in Seychelles

• End Rape in Seychelles Association (ERIS) is a non-governmental organisation, determined to end sexual violence through direct support for survivors and their communities although they have limited resources
• ERIS can be contacted through email: [email protected]

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).