Tougher domestic violence laws being planned will not apply to court cases already under way, according to the lawyer who helped draft the changes.
Roberta Lepre, a long-standing advocate of crime victims’ rights, said the changes to the law could not be retroactive and, therefore, any pending cases would continue being regulated by existing laws.
She was reacting to questions raised with this newspaper by victims of domestic violence after plans for tougher laws on gender-based violence were announced.
Dr Lepre helped draft the changes that would enforce the provisions of the Istanbul Convention the government ratified two years ago.
The Council of Europe convention deals with domestic violence and violence against women. It was incorporated lock, stock, and barrel into Maltese law, but certain aspects of it will conflict with existing legal provisions unless they are changed.
Lawyers defending domestic abuse victims have used the convention during litigation but the interpretation in many aspects rests with the court.
Dr Lepre said there were aspects of the convention that were enforceable as things stood today. “However, many other parts of the convention are a list of principles and, unless they are translated into law, as is being proposed, the judiciary will have to take decisions based on current legislation,” she said.
We hope that the policymakers will take heed of the recommendations from grassroots workers and those experiencing police, justice and mediation systems first hand
Domestic violence campaigners have been petitioning the government to enact the changes ever since the convention was ratified.
Elaine Compagno, service coordinator for SOAR, a support service offered by the St Jeanne Antide Foundation, said the legal changes would be too late for many victims.
However, for a campaigner who supports victims and survivors, as Ms Campagno does, the legal changes are welcome news.
“We’re glad that changes are being made and we hope that the policymakers will take heed of the recommendations that come from those working at grassroots level and those experiencing the police, justice and mediation system first hand,” Ms Compagno said.
It will be some months before the changes become law. A Bill has not yet been published for consultation.
A spokesman for the Civil Liberties Ministry that is piloting the overhaul told this newspaper he expected the law to start being debated in Parliament by the end of the year.
One of the more salient changes being proposed is the immediate eviction of perpetrators from the family home. The change will give victims reprieve from the current situation, which often sees them moving out of the family home until the court case starts being heard.
Under the proposed amendments, police receiving a complaint could ask the duty magistrate to issue a temporary protection order against the perpetrator if a risk assessment shows the victim is at serious risk of harm.
Other changes will include a clearer definition of rape, as well as harsher penalties across the board for gender-based crimes.
Part of the reform process will also include the formulation of standard operating procedures to be used by the police, social workers from Appoġġ, a government agency, and healthcare professionals when faced with victims of domestic and sexual violence.