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Matthew Vella
Agenzija Appogg, the national social welfare agency, is investigating a 41-year-old man’s intention to adopt a child after he pleaded guilty to the violent indecent assault of a 21-year-old woman and to offending public morals.
The man requested a ban on the publication of his name on the grounds that the offence had been “a one-off” and informed Magistrate Consuelo Scerri Herrera that he was fostering a young girl and was in process of adopting her.
The magistrate upheld the request after the prosecution did not object to the ban.
The Ministry for the Family and Social Solidarity has confirmed an “intensive case study” is underway, saying it was aware of the case and that it had already started following it up together with Appogg and the Attorney General’s office.
“The court sentence undoubtedly brings new considerations into the scenario. If following an intensive case study, the appointed experts harbour any reservations with regards to the fostering of the child and, therefore, acknowledge the possibility that the child is potentially at risk, an alternative, suitable placement for him or her will be found,” a spokesperson said.
Appogg chief executive Joe Gerada said the agency will be investigating whether the fostering of the child has been mandated officially by Appogg, since fostering can also take place privately through other unofficial channels.
Gerada said that a criminal indictment will obviously affect the person’s chances of being granted permission to adopt a child. “Such an incident is a big minus for anybody who wants to foster a child. We ensure that children in foster care can be given a good upbringing and in a situation like this, we take it very seriously. We conduct our inquiries on a case-by-case basis, so we are still investigating this particular case before any decision is taken.”
The family ministry said that although each case is assessed on its own individual merits, the presence of a criminal record will be invariably given consideration. “The child’s best interest remains the principle of paramount importance.”
On Tuesday this week, the man was given a one-year jail term suspended for two years for the violent indecent assault on a young woman on Sunday.
Before handing down judgment, Magistrate Consuelo Scerri Herrera said it was necessary that she hears the version of the victim, following Mr Justice Joseph Galea Debono’s ruling over a case of violent indecent assault earlier this month, saying it was necessary to hear the victim’s evidence since the crime included gestures ranging from an unwanted kiss on the cheek to more violent acts.
It resulted that the man had touched the woman without her consent.
A report by MaltaToday in May found out that in three out of every four arraignments for sexual harassment and corruption of minors last year, judges and magistrates had let off perpetrators found guilty of abusing children as young as 10 on suspended sentences.
Family and Social Solidarity Minister Dolores Cristina told this newspaper that harsher sentences had to be handed down for sex offenders, reacting to statistics conforming the leniency of the judiciary in such cases.
“Sentencing should reflect the gravity of the crime, and paedophilia is a serious crime among others. Sentences being handed down to those guilty of paedophilia leave much to be desired. They should be harsher.”
In nine out of 12 cases involving sexual harassment, corruption of minors, and violent indecent assault, the Maltese justice system left off the accused with suspended sentences, or supervision under a probation officer.
An offender was handed a two-year prison sentence suspended for four years for the corruption of a minor of 10, while in another case involving violent indecent assault on an 11-year-old, the accused was given a meagre six-month probation.
In a case of the corruption of two minors aged 14 and 17, the accused was sentenced to a four-year suspended sentence, under the supervision of a probation officer. Another found guilty of corrupting a 17-year-old was sentenced to three years under probation.
Even in the cases where those found guilty are sent to prison, not all sentences seem to send a clear message of a justice system that is serious on child abusers: a person found guilty of corrupting a 13-year-old last year was sentenced to just six months.
mvella@mediatoday.com.mt
Links: www.maltatoday.com.mt/2006/05/21/t9.html
www.maltatoday.com.mt/2006/05/21/t10.html |
