Claudia Calleja
New law tightens control on paedophiles and rapists
Defilement and neglect are among the crimes that would automatically lead to a person being listed on the child offenders’ register.
Anybody employing in a school or other organisation that cares for minors someone listed on the child offenders register will be subject to imprisonment of up to four years and a €50,000 fine.
Under a new law that comes into force today, people who work with children are bound to report any crime listed in the Protection of Minors’ Act or they would face legal action.
The new law was published in the Government Gazette today, bringing into effect the child offenders’ register. This will list the names of people convicted of offences involving children. It will start being compiled from today and will not be retroactive.
The idea to have the paedophile register surfaced in mid-2006 following a controversy involving the Malta Football Association, which had retained a 79-year-old convicted paedophile as a groundsman at the Pace Grasso ground in Paola that also doubles as a playing field for a nearby school.
Originally, the offenders’ register was planned to list people convicted of sex offences against children. However, the new law goes further. Employing a listed criminal under the law could incur a jail term of between three months and four years and a possible fine ranging between €2,500 and €50,000.
Anyone convicted of a crime listed in the law will be automatically included in the register. The list includes rape, having sex with minors, defilement, child abduction, prostitution, pornography, trafficking in minors, harassment and neglect.
People acquitted on grounds of insanity will still be listed.
Furthermore, the court will have the discretion to order that a person convicted of other crimes is listed if it feels there is a threat to children.
Once listed, a person will not be able to be a member, work or hold any position within an establishment or organisation involved in education, care, custody and welfare of minors.
The length of time that a person is listed will depend on the seriousness of the crime committed and ranges from two to 15 years. A person jailed for 30 years or life will be listed for an indefinite period.
Listed convicts will be able to apply for a revocation through the Criminal Court.
The list will be held by the Registrar of the Civil Courts and will be accessible to entities that work with children. They will have to apply to the court to obtain the information.
Within 18 months from the introduction of the law, organisations that work with children have to request information to determine whether their employees are listed.
They also have to make a request to check the list if they plan to recruit someone new. Anyone who is listed must have their employment terminated.
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Louise Vella
Jan 20th, 16:54
On March 31, 2010 The Times reported: “According to a Curia spokesman, a total of 84 allegations of child abuse, involving 45 Maltese priests, were reported to the response team since 1999.”
http://www.timesofmalta.com/articles/view/20100331/local/child-abuse-claims-reported-against-45-priests-over-11-years.300663
So how about Archbishop Cremona hands over the files of these 45 Maltese abusive priests to the Police Commissioner at once?
Jeff Mead
Jan 20th, 19:35
I just heared on the Dutch news only yesterday, that Belgium has also got the same problem with the Belgian catholic church.
J Galea
Jan 20th, 13:59
The register should be on the public domain so that everyone can check it. No need to go into detail why.
Michael Camileri
Jan 20th, 13:41
Yes, what about the church.
These representatives are indeed in a position of trust... and therefore MUST be part of this law.
This is a very serious issue...
Salvinu Buttigieg
Jan 20th, 13:21
Come on get real 50.000€ and where is that money going to go, build more playing fields, roads, or what, better imprisonment or rehub. then talking in terms of money again --Maltese style with every offender of any nature.-, ie., road traffic infringments, as if malta hasen't got enough problems of its own with Brussels with so many infringments against Malta. The main object is to educate people and maintain proper teachings not only at school but also at home.
Gerry Cowie
Jan 20th, 13:00
I'd say the very few commenters in these columns who have carefully skirted the issue of massive widespread and covered-up sexual abuse throughout secular society should forget their anti Catholic agenda just for a moment and be prepared to admit that the problem is not something which only affects the Church.
It is pointless turning one's focus on the Church to fulfil one's own private agenda without openly admitting that this problem is widespread across society and the world. No amount of focussing on the Church will detract people from the facts.
Naturally it is important that ALL abusers, in whichever sphere they are to be active, should be covered by the same law of the land without exception. Nobody should dispute that. That is surely something upon which we are all agreed. Also, making sure that ALL abuse in society is clearly focussed upon, ensuring that no bias is shown either in favour of or against either secular or religious is just as important. If one is against abuse then one should show that one is also prepared to acknowledge the true spread of the issue.
Carmelo Aquilina
Jan 21st, 04:47
Mr Cowie, the Chruch is the only orgnaisation taht is knowingly concealing 45 sex abusers from being investigated...so who's causing a negative peception for the church ? No one anywhere is saying that this problem is confined to the church so there goes your straw man argument but what is still upsettign many people is that the church is exempting itself from the normal operation of justice
Ramon Casha
Jan 20th, 12:23
The parameters of this law might be too broad. For instance many cases of "abduction" are actually child custody disputes between parents, while the idea of "defilement" is so vague that there has been at least one person convicted of defilement for sending a text message to a 15 year old. Finally, in the case of "having sex with a minor", this could mean that an 18 year old gets listed for having sex with his/her 17 year old boy/girlfriend. If inclusion in this list is automatic, this law could end up causing problems. I haven't seen the actual law yet (the government gazette hasn't appeared online) so I'm hoping that the actual law takes care of such potential issues.
William Flynn
Jan 20th, 11:38
Hang on!?
If someone employing a known paedophile risks imprisonment of up to four years and a €50,000 fine, how come the bishops can escape liability for harbouring and defending child rapist priests?
I'd say the many commenters in these columns who have stated that they were abused by priests as children would raise an eyebrow. Not to mention the silent thousands over the decades.
One should expect this law captures priests who were tried under the Curia's secret court and who were quietly defrocked or transferred to the missions.
Or are there going to continue to be two laws; one for secular organizations and one for the Catholic church?
Michael Camileri
Jan 20th, 14:49
I 110% agree with you William!
It is true, when I hear the words child abuser, the first thing that comes into my head is 'church', or 'priest'... this is wrong I know... but their organisation is to blame
The representatives of the church are in a position of trust.... they must be part of this law.
FRANS H SAID
Jan 20th, 11:10
With such a pedantic and beurocratic register many will slip through. If a person is on the register the name should be easily available. Alternatively, in the same way that an applicant must present a police conduct certificate, dubious applicants should be able to present a certificate to the effect that they are not listed in the said register. With this second option, confidentiality will be maintained as any one on the said register will not dare to apply for risky jobs. I hope that the powers that be will earnestly consider this suggestion.
Gerry Cowie
Jan 20th, 10:36
Let's hope that nobody slips through the net. This law demonstrates how widely child sex abuse etc is throughout organisations within secular society, something which ardent secularist apologists should note well when trying to sully the Church by concentrating solely on a few priests!