The Commissioner for Children said this evening her office did not agree with lowering the age of sexual consent and wanted further research and discussion on the matter.

Commissioner Helen D'Amato was addressing the Social Affairs Committee which was discussing the age of sexual consent.

She said sexting was on the rise among youths due to peer pressure and power and control of more dominant elements among these young people.

The recommendations being made by her office, she said, were irrespective of whether the age of consent was lowered. Her office, she said, was responsible for rights of minors and national statistics showed that four per cent of single mothers were under the age of consent, currently 18 years.

In puberty and adolescence, she noted, sexuality was still being explored, responsibility was not fully understood and young people were still vulnerable to emotional manipulation to be able to take decisive steps in birth control.

Referring to comments made by former health minister Godfrey Farrugia, Ms D'Amato said that access to health services should be irrespective of the age of consent and should be based on a maturity assessment so that the psycho-physical development of the youths was aided with suitable decision-making tools.

Ms D’Amato spoke on the importance of education and recommended this was also extended to the parents.

From a legal point of view, Ms D'Amato said that the law should protect minors and not incriminate them.

While consensual sexual activity between minors should be decriminalised and addressed through social not judicial means, abusive sexual relationships between minors as well as consensual relationships between minors and adults should remain criminal offences. 

She warned that abuse from family members was particularly concerning since minors found speaking up against such persons more difficult.

Registration of paternity, she said, remained an issue and agreed that the law permitting marriage at 16 and yet prohibiting sex for minors had to be seen to even if marriages at that age were exceedingly rare.

The age, Ms D’Amato said, should be revised upwards to prevent forced marriages.

Health professionals, she said, should be able to see minors without the presence of parents but treatment should be given after an assessment on the level of maturity of the minor.

This was particularly important given that the GU clinic saw minors without parental presence but in all other aspects, minors were expected to be accompanied by parents.