A 55-year-old man from Zabbar whose mental state has been called into question, is accused of raping a minor between the ages of 14-15 who had allegedly been kicked out of home by her mother and sought refuge with the accused who is a family friend.

From police investigations it transpired that the minor had been living with the accused for some time due to family problems, and that on one evening after midnight mass, he took her out for a drink and then forced himself on her when they got home.

The minor told the prosecuting inspector that on various occasions, her friends who were also homeless came to the home of the accused, where she was also staying, to use his shower and eat.

The accused, who is unemployed, admitted to sexual activity with the minor, but not to raping her, contending that it was consensual, legal aid Leontine Calleja relayed to the court. He also objected to accusations about sexual activity with the minor's friends.

Prosecuting inspector Joseph Busuttil told the court how he noticed the accused had mental health issues, and said that he is a patient of a psychiatric doctor. The accused, who was barefoot due to torn flip-flops, wearing shorts and a t-shirt, had been shaking his arms in a nervous fashion.

When asked by presiding magistrate Aaron Bugeja whether he would be pleading guilty or not guilty, Calleja requested that mental evaluation be carried out before he made such a declaration. The prosecution agreed to this, with the courts ordering the accused to be placed into psychiatric care and for a psychiatric expert to evaluate the mental capacity of the accused.

Agenzija Appogg, the state social welfare agency had received reports by the minors that the sexual abuse took place in December 2014.