Laws need to be updated after 'Youtube assault' case - woman's confederation

A call for changes to the law on the basis of the recent 'Youtube assault' case was made today by the Malta Confederation of Women’s Organisations (MCWO).

Footage carried on youtube recently showed a young woman being assaulted in a street in Sliema.

The confederation said this was a clear example of gender-based violence, where the victim was assaulted by her alleged boyfriend.

The aggressor was not charged with violence on another person because the victim chose, or was possibly persuaded, not to press charges. Article 221(4) of the Criminal Code states that in cases of slight bodily harm, “proceedings may not be taken except on the complaint of the injured party….”, the confederation said.

"This places unfair responsibility on the shoulders of the victim who, after suffering the violence, has to face the decision of pressing charges or not, often in the face of pressure from many quarters as well as the fear of on-going and subsequent retaliation by the aggressor. This is especially so when the victim is or was in a relationship with the perpetrator," the confederation said.

In observed that this case was not considered to be a case of “domestic violence”, which would initially have allowed the police to take action ex officio. The police had decided not to proceed on the basis of "a somewhat narrow" definition given to the term “household member” by the Domestic Violence Act, which does not take account of the modern trends and the way families and relationships are evolving, the confederation said.

"One of the problems with the definition is that it only allows for couples who are in a relationship with a view to being married. With increasing numbers of couples who are unable to get married, since one or both have been previously married, there are more and more couples who now fall outside of this definition, notwithstanding being in an intimate relationship"

Even had this incident fallen under this Act, the victim would still be at risk of further pressure and abuse from her aggressor in order to withhold evidence, it added.

"The 2006 Act enables the Courts to stop proceedings in such situations and this is happening even when other evidence besides that of the victim is at the disposal of the courts. The message to the aggressor is clear. ‘Ensure that your victim refuses to give evidence against you in court, and you walk away with no charge of assault, free to abuse the same woman again, or some other member of society, usually another woman,’ the confederation complained.

It urged legislators to urgently revisit these two laws to ensure that all violence, especially violence against women, is considered to be a crime against society and combated vigorously by the appropriate authorities by removing the onus for further action from the victims on top of the trauma already suffered.