A 24-year-old man from Swieqi has been placed under a two-year probation order for having sex with a minor.

The parents of the 16-year-old had filed a police report in September 2014 stating that their daughter was involved in a sexual relationship with the accused, and that he had served a one year prison term in connection with drug trafficking convictions.

The man was subsequently charged with participating in sexual activity with a minor, causing her slight injuries and relapsing.

Throughout the course of the proceedings, it was alleged that the accused had beat up the minor but no reports were made to this effect and neither was she examined by a doctor.

In a statement to the police, the accused had admitted to having dated her for a couple of months and that they had engaged in sexual activity more than once.

He said his knowledge of her age was somewhat nebulous, as she had alternately claimed to be both 18 and 17. He said she had also told him that her parents were displeased with their relationship since she was a minor.

The girl testified that she had met the accused through a friend of hers and that they had dated for two months. She said they were involved sexually more than once and that the act had always been consensual, except for one incident where she had refused him. This led to an argument, where the accused tugged at her hair, flung her onto a car boot, bit her nose and punched her.

The girl testified to two other incidents when the accused had caused her slight injuries following an argument. She said she had never reported them to the police or to her parents because she feared the accused's wrath.

Under cross-examination, she admitted that she was the one who would approach the accused to make up. She said the accused knew very well how old she was because she had told him she was 16 immediately.

The accused testified that he had been in a sexual relationship with the minor which lasted two-and-a-half months but denied knowing her age, insisting that he only learnt she was 16 when the police inspector approached him following the parents' report.

He claimed he had never struck her and that her parents knew that their daughter was in a relationship with him and had only filed a police report after he had had an argument with the girl's father.

Magistrate Audrey Demicoli observed that the accused must have at least doubted her age since he admitted that she would sometimes tell him she was 17 whilst on other times she would profess to be 18. Meanwhile, from the evidence presented in court, it turned out that when the minor would visit him in prison, she would have to obtain her mother's signature since she was a minor.

He was acquitted of the charge of slightly injuring the minor since not enough proof was presented but was found guilty of participating in sexual activities with a minor. Taking into consideration that the act happened within the context of a consensual relationship, the court placed the accused under a two-year probation order. He was ordered not to molest the minor or face paying a fine of €500.

Police inspector Joseph Busuttil prosecuted. Lawyers Franco Debono and Marion Camilleri defended the accused.