A man who was sent to prison for seven years for raping an 11-year-old girl in had his sentence confirmed on appeal after the court found no reason to doubt the credibility of the victim.

The court, presided by Mr Justice David Scicluna, heard how one December evening in 2005 the accused, who was well acquainted with the victim's family, was driving the girl home when he took a detour to a garage in Żabbar so as to mend a fault in the car.

Once inside the garage, he locked the door and after inviting the girl to admire a vehicle that was being restored, he suddenly stripped off his clothes to reveal his lower body.

The court observed how the girl had recalled this first sexual experience in fits and starts, even commenting upon the pain experienced as a result of the rape.

Physical examination of the girl by a medical practitioner had later confirmed that some form of intercourse had indeed taken place. This left no doubt about the 'physical harm' inflicted by the accused upon his victim, the court observed.

Although the man had warned the girl to keep her silence and had continued to hound her after the garage episode, even calling at her home, the girl had finally confessed her ordeal to her mother.

The court noted that the fact that the accused was certified by three psychiatrists as having a compulsive personality and being of 'borderline intelligence', did not in any way support the defence's argument of diminished responsibility.

The court confirmed the sentence of the first court imposing a seven-year jail term and recommended that the accused be detained at the Forensic Unit at Mount Carmel Hospital.

The court declared that the man was to be assisted by a psychiatrist and an ADHD coach so as "to spend his time in a constructive activity which would serve for his own benefit".

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