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I refer to the article by Dr Claire Bonello on the MaltaToday 24 April 2005.
I have to make it clear that I am against rape and any other crimes against others. However, Dr Bonello makes a couple of points which need further clarification.
1. We tend to pass judgement on the sentences given out by the Courts of Justice. Unfortunately, we are not present for the case and subsequently, do not know all the finer details which lead to a sentencing. I feel that comments on court cases should be made when detailed knowledge of the case is known as I hope was the case for this article. It is otherwise futile and possibly misleading to comment.
2. The point of whether a private vehicle is a public or private place. There is case-law on this problem overseas, notably in the United States. It has been found that for the State to search inside a private vehicle it needs either the owner’s consent or a search warrant. Furthermore, a glove compartment or luggage booth cannot be deemed as being part of the search.
What is of relevance in the rape case is that a crime was being committed in a public place (eg car park) but within the confines of private property (vehicle).
It is similar to a private residence being surrounded by public land. Therefore, if in this case the vehicle is classified as private, then it is up to the victim whether or not to press charges. Logically the victim can also choose to forgive the accused.
Jesmond Farugia
St Julians
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