Excusing gang rape as an act of mischief in a case which involved minors who abused a 14-year old is scandalous, according to the former chairwoman of the Commission on Domestic Violence Marceline Naudi.
It is bad enough when Joe Blogs spouts such misogyny, but when we hear it from the learned judiciary... the damage is much greater
The case of two young men who were placed under probation for three years after admitting to raping a 14-year-old girl in Mosta last year came to light last week amid calls for justice.
A third was placed under probation for two years on admission of participating in the crime by performing sexual acts with the girl.
In its considerations the court observed that the three were minors at the time of the crime and had admitted their guilt early in the proceedings.
But what shocked some the most was that the prosecution and the defence agreed that what happened was an act of “foolishness and bravado” by three young men.
“The punishment handed down is no more than a slap on the wrist, but what is scandalous is to have people in positions of authority, power and influence, excusing these young men’s act,” Dr Naudi said when contacted.
Dr Naudi, who is a lecturer and a member of the Women’s Study Group of the University of Malta, added that the description of their act as mischief would do a lot of harm. It could be seen to be almost encouraging other young men who might find themselves in the same situation.
The group said the men were minors when committing the crime, so it was not the resultant lenient sentence which caused most dismay, but the comment about their foolishness.
“With this comment, the courts are suggesting this was just a bit of mischief that the boys got up to, nothing serious at all, boys will be boys and all that... All that was left for them to do was give them a pat on the back.
“It is these attitudes that continue to ensure that violence against women and girls remains alive and well among us.
“It is bad enough when Joe Blogs spouts such misogyny, but when we hear it from the learned judiciary, the prosecuting police officer, and the defence attorney, then the damage is much greater,” the group said.
These comments were reiterated by Victim Support Malta director Roberta Lepre who said the court judgment sent a very negative message on the expression of youth and masculinity.
The wording “act of stupidity” and “bravado” seemed to imply it was acceptable for young men to express their youthful zeal to the detriment of another human being’s dignity.
Dr Lepre said the judgment did not consider the effects the incident had on the victim.
The penalty was too lenient and not proportionate to the gravity of the crime – namely rape.
“The court judgment sends a very negative message to other victims, namely that the justice system does not take them into consideration and that any element of humanity is only expressed in favour of the offenders. This will discourage other victims from taking their complaints forward.”
A petition insisting sexual crime should be taken seriously has also been uploaded online calling on Prime Minister Joseph Muscat to address the “antiquated legal system on sexual crime in Malta”.
https://www.change.org/en-GB/petitions/prime-minister-joseph-muscat-government-of-malta-address-the-antiquated-legal-system-on-sexual-crime-in-malta