The Malta Independent 20 April 2024, Saturday
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Two-year probation for 24-old man who engaged in sexual activities with minor

Gabriel Schembri Friday, 27 May 2016, 15:28 Last update: about 9 years ago

A court ordered a two-year-probation order for a 24-year-old man who is being charged with engaging in sexual activity with a minor.

On September of 2014, parents of a 16-year-old girl filed a police report saying that their daughter has a sexual relationship with a man, the accused. The report stated that the man, from Swieqi, had served a one year prison sentence in connection with drug trafficking charges.

The accused was also charged with participating in sexual activity with a minor, causing her slight injuries and for relapsing. Originally, it was alleged that the accused had beat up the minor. However, no reports on such were made. This was neither confirmed by the doctor who examined her.

The 24-year-old had admitted with the police that he had dated the young woman for a couple of months and also admitted that they had engaged in sexual activity. At the time of the happening, the accused was 22 years old.

He told the police that he did not know exactly what her age was, as she had once claimed to 18, and in another time told him she was 17. She had told the accused that her parents were not happy with the relationship between the two, he added.

While testifying, the girl said that she had met the man through a friend. She explained that they were involved in sexual activities but always with mutual consent, except for once when she had refused. On this particular incident, an argument erupted and the accused punched her and bit her nose. She also mentioned other instances when the accused caused her slight injuries, but these were never reported to the police because she was afraid of the man's reaction.

As she was being cross-examined, the victim said she was the one who would approach the accused so that they can meet up. She said that the man knew how old she was as she had informed him immediately.

But the accused insisted that initially he did not know her exact age and that he never struck her. He also told the court that the parents knew of this relationship but only decided to file a report because he had an argument with the father of the alleged victim.

Evidence presented in court proved that the victim used to visit the man in prison and her mother would sign the consent needed since she was a minor.

The accused was freed of charges of causing slight injuries due to lack of evidence. However, he was found guilty of participating in sexual activities with a minor. The man was handed a two-year probation order as the court took into account the fact that they performed the sexual acts consensually. He was ordered not to molest the minor on pain of €500.

Lawyers Franco Debono and Marion Camilleri defended the accused. Police inspector Joseph Busuttil prosecuted.

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