A court jailed a Libyan man for two years after he was found guilty of defiling a 12-year-old girl.

Murad Mohammed Atta, 24, was however acquitted of raping and defiling her 15-year-old sister, while fellow Libyan Ashfar Abobakir M.Al Ash-hab, 25, was acquitted of defiling the two girls and raping the older one.

The court, presided over by Magistrate Jacqueline Padovani, heard how the two girls were reported missing early last year. The police succeeded in arresting the men in a flat in Bugibba after the younger girl reported the incident to the police.

She told investigators that the two men had sex with her sister in her presence and was afterwards made to leave the apartment after the men feared that she would report them in. The 12-year-old girl was put on a bus heading to Valletta, from where she reached the Cospicua Police Station, where she reported the incident.

The older girl testified that the two Libyans had sex with her and they thought she was 18 years old.

In handing down her judgment, Magistrate Padovani said she could not find the elements constituting rape as according to the 15-year-old girl’s testimony she consented to the men’s advances and gave in on having sex with them. Furthermore, medical tests failed to uncover evidence showing signs of violence or that she had put up a resistance to the men.

The court also noted that the 15-year-old girl was after sexual adventures regardless of her age and had had sex with 10 other men prior to the two Libyans.

To this end, Magistrate Padovani acquitted the men of raping her. She acquitted Mr Ash-hab of defiling the younger girl due to evidence showing his innocence. However, she found Atta guilty of defiling the 12-year-old as he had invited her to the apartment and started advances on her sister.

Police Inspectors Louise Calleja prosecuted while Dr Franco Debono appeared for Atta. Dr Roberto Montalto appeared for Mr Ash-hab.