Children’s Commissioner Helen D’Amato said yesterday her office did not agree with lowering the age of sexual consent, as it wanted to see further research and discussion about the issue first.
She was testifying during a session of the House Social Affairs Committee, which is discussing the matter. The age of consent is currently 18
Ms D’Amato observed that sexting was on the rise among young people due to peer pressure and the controlling influence of some youths.
National statistics showed that single mothers under the age of consent amounted to four per cent.
Outlining her recommendations to the committee, Ms D’Amato said there is no clear answer on the age of sexual consent, since in puberty and adolescence, sexuality is still being explored, responsibility is not fully understood and young people are still too vulnerable to emotional manipulation to be able to take decisive steps on birth control.
Referring to comments made by former Health Minister Godfrey Farrugia, Ms D’Amato said there should be access to health services irrespective of the age of consent.
Education is important, whether sexual acts happened legally or illegally. Education should be mandatory to empower youths to take better decisions.
This is required at all ages, irrespective of what age is appropriate.
Even street-wise children are emotionally vulnerable. Ms D’Amato also recommended that the education be extended to the parents of adolescents.
She said that the law should protect minors and not incriminate them. For this reason, sexual activity, rape, abuse and incest should be decriminalised when both parties are minors, irrespective of whether the age of consent is lowered or not.
She warned that abuse by family members is of particular concern, since minors find speaking up against relatives more difficult.
Registration of paternity remains an issue, whatever the age of consent.
She agreed that the law permitting marriage at 16 and yet prohibiting sex for minors needs correcting, even if marriages at that age are exceedingly rare.
Also, the age of consent should be raised to prevent forced marriages.
Health professionals should be able to see minors without the parents being present, but treatment should be provided only after an assessment of the level of maturity.
This is particularly important given that the GU clinic sees minors alone but in all other respects, minors are expected to be accompanied by their parents.