The Malta Independent 5 May 2024, Sunday
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Parliament begins discussion on criminalising virginity testing

Semira Abbas Shalan Tuesday, 9 January 2024, 19:35 Last update: about 5 months ago

Parliament on Tuesday began discussing the second reading of a bill which proposes the criminalisation of virginity testing.

Parliamentary Secretary for Reforms and Equality Rebecca Buttigieg tabled the bill in Parliament, describing virginity testing as sexual violence against women, as women and girls are the only ones subjected to this type of testing.

The first law of its kind in Malta, the law seeks to further define virginity testing within Maltese law.

Buttigieg said that the amendment ensures a prison sentence of between a year and five years for those found guilty of helping, having encouraged, gave advice or forced a girl or woman to undergo virginity testing, irrespective of whether the woman has declared consent for this to happen.

She said that these tests have proven to have no scientific base or value, and therefore should be illegal. Buttigieg said that these circumstances are not genuine, and the woman's consent is usually given due to pressure imposed by her family.

"These acts are unacceptable and condemnable," Buttigieg said. She said that being subjected to these tests leads to trauma, humiliation, and pain on women and girls.

To differentiate between medically needed gynaecological exams and virginity testing, the bill proposes the reliance on the scope behind the testing being done. Thus, medically needed gynaecological exams will not be covered as 'criminal acts' by the bill.

Buttigieg also said that virginity testing does not prove whether the woman has ever had sexual activity, and leads to negative physical, emotional, psychological, and social consequences.

She said that these tests are done in unhygienic places, by non-professionals, in an attempt to check the "purity" of a woman. Buttigieg condemned the practice which is spread over 20 countries around the world, in cultures where women are considered "property" of their fathers or partners.

Buttigieg said that virginity testing according to the Istanbul Convention consists of violence against the gender, and it recommends that it is prohibited and criminalised.

She said that the law is another PL electoral promise to be implemented, to ensure adequate protection for each woman in Malta, irrespective of cultural background or nationality.

Buttigieg acknowledged that while there has been no evidence of the "disgusting" practice being done in Malta, the law is there to anticipate such situations, and for authorities to be able to have the knowledge and legal tools in place to proceed with criminal steps.

She said that unfortunately, this practice is often imposed by the family or loved ones, and victims of virginity testing find it difficult to speak about their experience.

PN MP Graziella Attard Previ said that the PN is in favour of the law, describing virginity testing as an attack on the woman's dignity.

She said that there is still more to be done with regards to women's dignity and the importance of equality, such as improving opportunities for women in society and on equal rights.

Attard Previ said that virginity testing is a form of sexual violence with serious traumatic consequences, and the procedure involved also causes great physical pain. She said that while there is no evidence of this practice occurring in Malta, the masculine mentality still dominates the country.

She acknowledged the country's multicultural population, where there could be cultures which impose this practice on women. Attard Previ said that the World Health Organisation and the United Nations have long called for the practice to become illegal around the whole world.

"The Istanbul Convention calls for women not to be discriminated against, and virginity testing must be abolished as it is a clear form of discrimination against women," Attard Previ said.

She said that virginity testing may lead to suicide due to PTSD, depression and anxiety, and reiterated that there is no scientific basis for the test, and it does not ascertain a woman's virginity.

Attard Previ also said that there are other necessary changes the country needs to make when it comes to tackling domestic violence.

She appealed for a bill to define domestic violence in the criminal and civil code to be presented as soon as possible. Attard Previ also said that the thousands of pending domestic violence cases still to be heard in court must also be addressed as soon as possible.

"Statistics show that by the end of November of last year, pending cases amounted to 2,236," Attard Previ said, also mentioning that most of these cases are being heard by two magistrates.

She appealed for an increase in resources and effective processes to ensure justice for survivors who sought help, and should be given help as soon as possible.

Attard Previ said that victims deserve to be heard in a more acceptable timeframe. She also proposed a specialised Court which focuses on gender-based violence and domestic violence, which would be equipped with all the resources it would need.

A bill to amend the law providing emergency barring orders was also proposed, which would see that the aggressor would be the one to move out of the home, and not the victim.

Attard Previ proposed another bill, for rape and sexual assault to be classified as Crimes against the person, rather than how it is classified currently as Crimes against Peace and Family, and Crimes against Morals.

She said that survivors in court are asked if they wish to forgive their aggressor. "Survivors should not be asked this, and the prosecution must be led by the police after gathering evidence. Survivors need to be involved in the least possible way in the court hearing and process," Attard Previ said, acknowledging that this is not done.

Attard Previ appealed for the long-promised domestic-violence hubs to finally open their doors, those in Santa Lucija and Mtarfa, which were first mentioned in 2019, four years ago.

Human trafficking was also mentioned, where Attard Previ appealed for government to take this reality more seriously. She shed light on Malta's massage parlours, where there is a high risk of trafficking of women. Attard Previ said that if needed, massage parlours should have licenses for controls, and to ensure standards of such parlours.


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