Teens under 18 must visit the GU clinic accompanied by their parents, pharmacists should not sell condoms to such youngsters and 16-year-olds can marry but not engage in sexual activities.
“Maltese law is like a room which has had its corners painted orange while the rest has been left yellow,” Parliamentary Health Committee chairman Etienne Grech said. “One should ensure that different laws do not overlap.”
By next year, the legal age of sexual consent in Malta could go down to 16 from 18 if a Bill was presented in Parliament and approved, Labour Party whip and former health minister Godfrey Farrugia said.
This had to be coupled with a corresponding change to the age of consent to medical treatment, a more robust personal and social development framework in schools and an age banding system, which protected 21- and 22-year-old partners from being charged with statutory rape.
The government and Opposition have yet to officially pronounce themselves on the change in the age of sexual consent but Dr Farrugia believes there will be a general consensus.
Last week, a joint meeting of Parliament’s standing committees on health, social and family affairs brought out a plethora of inconsistencies in Maltese law.
Dr Farrugia expects any arguments against lowering the age of consent to centre on a perceived rise in single mothers, “acting as an advertisement for casual sex and notions presenting the body as a temple of the Holy Spirit”.
However, he noted, statistics illustrated that 32 per cent of single mothers were under 18 while 41 per cent of teens aged between 16 and 18 had had sexual intercourse.
“In France, we have seen that when the age of consent was lowered, there was no change in the rate of teenage single mothers,” he said.
“The final argument has been disproved by the Archbishop himself, who has already voiced his agreement with lowering the age.”
If one had to compare youths in 2015 to those back in 1960, there was a noticeable decline in the age of psychosexual and psychophysical maturity, Dr Farrugia added.
Lowering the age of consent to 16 was ideal because it was also the cut-off year for children’s allowance and compulsory schooling and the age at which people could work, vote in local council elections, marry, operate a bank account and, according to the proposed Organ Donation Bill, donate body parts.
In France, we have seen that when the age of consent was lowered, there was no change in the rate of teenage single mothers
The education system also had to change. Dr Farrugia suggested a more robust PSD framework, which was standardised across government, Church and private schools.
An age banding system also had to be introduced, he added, protecting against criminal proceedings in the case of a 16- or 17-year-old who participated in consensual sexual activities with an adult who was five years older. “Of course, there are exceptions. A 22-year-old who is in a caring profession, such as teaching, will be prohibited from entering into a relationship with his 17-year-old student.”
The committee’s next meeting will be held tomorrow. A report will then be drafted to be presented to the Cabinet.