Woman cleared of defiling girl she was kissing in car

Police investigations had begun last March after the younger girl’s mother found her daughter canoodling with a 28-year-old woman, while sitting on top of her. Both women were fully clothed at the time. By order of the court, the names of both women cannot be published.

The court was informed that the minor had not yet come out to her mother.

The girl, who at the time was a few weeks short of her 17th birthday, explained that she had been dating the accused for roughly a fortnight, having met each other on Facebook. On the evening in question, the two had gone for a night out in Paceville and the defendant had given the firl a lift home.

Upon their arrival outside the minor’s house the two exchanged a passionate kiss and were discovered mid-osculation by the mother.

The girl told the court that she was a lesbian and confirmed that the woman was not her first girlfriend.

Magistrate Audrey Demicoli, in her judgment acquitting the accused, explained that the offence of defilement of minors required the commission of a lewd act committed either in the presence or on the person of a minor. Whilst the law did not define what would constitute a lewd act, kissing a willing partner on the lips, whilst fully clothed did not amount to a lewd act, said the court.
The reason behind the report appeared to the court to have been the mother’s shock at discovering her daughter in the arms of another woman.

In addition, the court quoted jurisprudence on the matter which had established that a court was to reach a decision as to whether the minor had already been corrupted to any extent before the event, on the basis of the facts surrounding the case.

It held that no corruption had taken place in this case, as the minor had experience of previous lesbian relationships and was fully aware of what she was doing.

With regards to the charge of engagement in sexual acts with minors, Magistrate Demicoli held that a kiss on the lips did not fall within the parameters of sexual activity and dismissed this charge also.
 
Lawyer Andy Ellul appeared for the accused. Inspector Sylvana Briffa prosecuted.