Last Tuesday, I was invited to participate in Times Talk to discuss the topic of child abuse, with a particular focus on the recently reported ‘false’ reports filed with the police in this respect.

While it is fair to acknowledge that, indeed, some reports are filed maliciously, I feel it is very important to clarify the misconception that this is a common occurrence that puts professionals dealing with children in an excessively vulnerable position.

Granted, one false or malicious report is certainly too many. However, the reality is that the vast majority of unlawful abuse, whether on children or adults, remains hidden and out of reach of the authorities.

There are various factors hindering victims from pursuing justice through our criminal justice system and these are complex and vary from case to case.

However, research and experience have shed light on some common factors, which can include the fear of not being believed, guilt and shame, the risk of retribution, and concern that the situation will become worse rather than improve.

While it is fair to expect that the police force in any developed country should have sufficient capacity to address these factors, both in terms of adequate training and expertise and sufficient human resources, last Tuesday’s programme, in fact, brought out a number of issues which point to the fact that, presently, this is not the case.

The police force is highly stretched, having to deal with a barrage of cases, beyond its current human resource capacity. To add insult to injury, as was rightly pointed out by the eloquent Joe Giglio during the same programme, police inspectors have to serve the role of both investigators and prosecutors.

As investigators, they are responsible for seeking out sufficient evidence to substantiate the claims of the victim and as prosecutors they are then responsible for presenting this evidence in court to secure a conviction.

Malta must be one of the few remaining countries which applies this system. In many countries, the two roles are separate, with the police holding on to their role as investigators while prosecution would be the responsibility of specially-trained career prosecutors who would generally hold a law degree and be admitted to the bar.

This, in itself, would not only help to improve the chances of filtering out baseless claims but also, perhaps more importantly, free up precious time for police officers to carry out effective and comprehensive investigations and, thus, increase conviction rates.

Another important point emanating from this discussion was that pertaining to the investigative procedures or techniques applied in these highly-sensitive cases.

There are various factors hindering victims from pursuing justice through our criminal justice system

While it appears that there is some kind of policy in place, it is highly difficult for the common citizens to assess whether such policies or procedures would have been applied to their particular case since these documents are not available to the public.

Nowadays, it has become common practice for various public departments or entities in Malta to develop and publish quality service charters, allowing clients to know the level of service that they may expect when seeking their service. So why not the police?

Should the citizen not have a right to know what steps are required to be undertaken in accordance with these procedures? Are we not entitled to know when these procedures were developed? Who is responsible for ensuring that they are complied with? And are there any sanctions in place in case of non-compliance?

Another dire need for the justice sector is that of timely and regularly-updated statistics. The lack of statistical information from the courts makes it impossible for policymakers or other stakeholders to make evidence-based observations, again making it very difficult to assess the adequacy and effectiveness of the policies and procedures in place. How are we to distinguish, for instance, between malicious reports and those that do not meet the burden of proof required for a guilty verdict?

These shortcomings, and many others, no doubt indirectly affect the level of service that is provided to citizens. The low morale prevailing among many police officers exacerbates this already precarious situation.

It is important that these issues are discussed and addressed in a non-political (partisan) manner. The problems existing within the police force have been brewing for a long time, certainly before the present administration took over.

For justice to be served, all stakeholders need to work together towards a common goal.

More importantly, if we really care for our children and the most vulnerable members of society we need to put our money where our mouth is. The graduation of 113 new police officers in the past days is a step in the right direction. However, the condensed period of training they have undergone may be a cause for concern.

Do our citizens deserve better?

Roberta Lepre is director of Victim Support Malta.

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