Man acquitted of girl's prostitution charges
A man who had been accused and acquitted of prostituting a "manipulative" 17-year-old girl has had the judgment confirmed on appeal.
The girl, who cannot be named because she is a minor, ran away from home several times and, according to three psychiatrists who testified, she is a good liar and is manipulative, the magistrate's court had noted.
She had accused 31-year-old Brian Fenech of prostituting her and giving her cocaine, ecstasy and hashish on January 21, 2006 and in the previous weeks.
In the original judgment, Magistrate Doreen Clarke said that, although in the eyes of the law, one witness, if believed, was enough to prove someone's guilt, the girl was not credible.
Following the judgment, the Attorney General filed an appeal and said that the first court had made an incorrect appreciation of the evidence.
Mr Justice Joseph Galea Debono, after taking into consideration all the evidence said that the most important factor that cast a doubt over the girl's testimony was her psychological disorders.
The judge placed a lot of importance on the testimony given by psychiatrist Mark Xuereb who said that he knew the girl for a number of years and that she suffered from behavioural disorders and needs life long attention.
He added that she had also recently been in hospital receiving treatment for a "conduct and emotional disorder".
It was in the light of this testimony that the court had a lurking doubt about the credibility of the girl and took this into consideration when acquitting Mr Fenech, the appeals court said.
Mr Justice Galea Debono confirmed the appealed judgement.
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Joseph Schembri
Dec 9th 2009, 21:17
Some seem to have no idea what age of consent means when it applies to sex. So let me explain:
Any sexual advances that are unwanted by anyone of ANY age are, rightly so, illegal - so if anyone of any age in any civilised country does not consent to sexual advances by another party that sex is a crime. The victim could be a 50 year old man or an 18 year old woman. It does not matter - if there is no consent (i.e if it is not wanted) sex is and should be illegal.
The age of consent law comes into force in Malta when it tells us that a anyone under 18 does not have the ability to say yes or no to sex. This is plain stupid because people in Malta can legally marry at 16 years of age. But at the same time the law states that they do not have the ability to say yes or no to sex and makes anyone who has sex with anyone else under 18 a criminal. DOH!
Paul Camilleri
Dec 9th 2009, 15:02
@ Stefano Corrado
I find it humorous that you state 'sex freaks' tend to be males. Sure, its really common amongst young male adoloscents, but are you sure that there arent any females who are obsesive about sex.
Im telling you so cause I find it a bit sexist about what you said.
Stefano Corrado
Dec 8th 2009, 21:04
Lowering the age of consent has pros and cons....
pros : a couple at age 16 that are in a serious relationship (plan to marry in the future) could have legal sex etc and be able to do what's normal in a relationship.
cons : Sex freaks (males) that think since it is lowered to 16 they can go and have sex without her consent with any 16 year old girl they see without getting into trouble since it would be legal to have sex at 16 and basically rape may increase.... since it is higher in all other EU countries but in malta it's pretty low but malta has a small population so it may be that.... though i'm a bit hesitant about lowering it to 16 because young innocent girls could be in danger by teenage sex freaks since it would be legal to have sex at 16 and they could just threaten the poor girl that if she told she'd be hurt or raped again etc.
Though i could be wrong.
Joseph Schembri
Dec 8th 2009, 14:58
It is useless for us to keep agreeing here that the age of consent should be lowered so that decent people who have done nothing worse than share a kiss, a close cuddle or some spicy dialogue with some 17 year old are ruined, destroyed and sometimes forced to suicide.
Legislators are busy arguing about useless changes in the constitution as regards neutrality clauses. Leave them as they be I say. If there is no longer any need for them expend no energy on them but use your energies on something that is destroying the lives of decent people. Lower the age of consent from 18 to 16. The latter is the age at which one can marry, work, have a bank account, sign cheques ....but not have sex!
A. Borg
Dec 7th 2009, 23:58
A friend of mine several years ago has been accused by a minor that while driving her home from school he abused her. Although he denied all allegations and even after a medical examination of the girl was confirmed that there was no penetration or bruises of an abuse he still was taken to court and after 3 years he was acquitted.
He told me that he lost his job,his dignity and his friends but most of all he lost his family as his wife and two daughters left home after a while as marriage was not same after the allegation. It's not fair for a person to suffer the consequences of something he never did and there is no remedy for this person to give him his life back. His life was ruined.
Paul Vella
Dec 7th 2009, 21:44
@Joseph Schembri
I agree with you on all points. 17-year-old girls, children!! A 17-year-old woman has a body which may turn heads from only God knows from where! I have always found Malta comical and it appears that Malta want to remain that way. A girl is no longer a child once nature takes over, and that's all folks! Stop being too religious, will you? It's killing us!
t.borg
Dec 7th 2009, 21:43
@joseph schembri. i agree with you 100%. it should be lowered to 10 with all this bribery.
Joseph Schembri
Dec 7th 2009, 19:53
Legislators when are you going to lower the age of consent so that these manipulative monsters that ONLY IN MALTA are still considered minors will stop harming decent people? Only God knows what this man went through because of this 'child'. Malta has the highest age of consent in all of Europe. In Malta it is 18. In nearby Italy it is 14. Lowering our age of consent will allow the police to focus their energies on real paedophiles and child molesters instead of 17 year old people with an axe to grind.