The Maltese Association of Social Workers today questioned the decision taken by the Appeals Court to overturn a judgment against Dominican priest Charles Fenech, saying the court chose to blame the victim rather than the perpetrator.

Without mentioning the priest by name, the association said the court’s reasoning does not encourage other vulnerable persons, and women in particularly, from coming forward to seek help when they are in abusive relationships.

Last week, the Court of Appeal overturned former Kerygma director Fr Charles Fenech’s guilty verdict for abusing a vulnerable woman, and reduced his sentence to one week in prison, suspended for six months.

In August 2017, the Court of Magistrates had found Fenech, 58, from Rabat, guilty of attempted violent indecent assault of a woman in her 40s, who was working at the Dar tal-Providenza at the time.

In a statement today, the association expressed its horror at the recent murder of Lourdes Agius. It is also deeply troubled by the instances of femicide which have taken place increasingly over the years, noting that a large number of those which have been solved have involved domestic violence.

In fact, it showed its solidarity with the victims of femicide through its participation in the March Against Femicide which took place on Saturday, 22nd September and would like to thank the organisers of this event, as well as the association members who attended. Despite the advances which have taken place locally in terms of legislation, services and awareness, it is a serious blot on our society that we continue to face instances of domestic violence, resulting in murder in its extreme form.

This, the association believes, is something which all stakeholders need to work to eradicate, ensuring that networking takes place to prevent anybody from falling through the net. The Association urges all the major stakeholders to keep the prevention of domestic violence and support for its victims at the centre of their endeavours, putting aside any other divergences which could detract from this mission and seeking collaborative relationships which would enhance the sector. It also urges a more mature debate on these delicate issues, with an informed position about the interpersonal dynamics involved.

The persons responsible for all abusive attitudes and behaviour needs to be held accountable for them and victim-blaming must be avoided at all costs. The nature of an abusive relationship, whether current or not, makes it difficult for a person experiencing this type of abuse to escape. It is not a free choice to leave this type of relationship; it is a calculated escape which, unfortunately, often results in an escalation of abuse and/or violence and has, on too many occasions, resulted in murder.

All reports, as well as instances, of domestic violence need to be taken seriously and action needs to be taken to prevent the increase of risk for vulnerable people. Awareness also needs to be created about the power imbalance which is inherent in professional relationships and which, therefore, renders the person seeking professional help vulnerable.

This was certainly not the case in the recent judgement delivered by the Appeals Court which revoked a sentence handed down to a member of a religious order. The Court held that the woman involved in the case was able to put a stop to the meetings with the perpetrator when she so wanted. According to the Court, although she was vulnerable, she knew exactly what she was doing. This kind of reasoning, which sees leaving an abusive relationship as a free choice, is victim-blaming and definitely does not encourage other vulnerable persons, and women in particularly, from coming forward to seek help when they are in abusive relationships.

This kind attitude has no place in a society which is supposedly working to eradicate domestic violence. Respectful relationships need to be at the root of all interventions, whether educative, remedial or protective. This will bring us one step closer to the elimination of patriarchy, which is essential if our society values equal relationships and helping people keep safe. All this has to be accompanied by a zero tolerance for violence, in whatever form.

The association honoured all the women and girls murdered, as well as the many other women who have survived or are experiencing a domestic violence relationship. It would also like to express its thanks to, and solidarity with, social workers, who are often involved in situations of domestic violence, and request that they are provided with all the resources and support they need to be able to protect persons who are going through domestic violence situations, help to prevent violence escalating, support all those who have been affected by domestic violence or femicide and participate in professional networks which create a safety net for domestic violence survivors.