Swieqi man placed on probation for sex with underage girlfriend

A court has handed a two-year probation order to a 24-year-old man who conducted a two-month sexual relationship with a 16-year-old girl.

The man, who resides in Swieqi, had been charged with participating in sexual activities with an underage person after the girl's parents had gone to the police, reporting that their daughter had been involved in a sexual relationship with the accused, who had spent time in prison after a drug trafficking conviction.

During one hearing, it was alleged that the accused had physically beaten the girl, but this allegation was not borne out by the evidence – she had not reported this to the police and neither had her injuries been medically confirmed.

The accused had released a statement to police, in which he explained that the girl had purported to be 18 on one occasion and 17 on another. The two had been dating for a couple of months and sexual intercourse had taken place on more than one occasion, he had said. He admitted, however, that the girl had told him that her parents had not been happy to learn of their relationship, as she was a minor.

The girl also testified, telling magistrate Audrey Demicoli how she had met the accused through a friend and had dated him for two months. The multiple sexual encounters between the two had always been consensual, with the exception of one occasion, where she had rebuffed his advances. An argument ensued, said the girl, alleging that the accused had physically assaulted her; pulling her hair, biting her nose and punching her, before throwing her on to a car.

There had also been other incidents of violence, which the girl explained, had all gone unreported out of fear of angering the accused.

Cross-examined by defence lawyer Franco Debono, the girl claimed that the 24 year-old accused had been well aware of her age, as she had told him she was 16 “immediately.”

From the witness stand, the accused denied knowing the girl's true age and insisted that he had found out that his girlfriend was 16 when he was spoken to by a police inspector, who was investigating the report filed by the girl's parents.

He alleged that the parents had been well aware of his relationship with their daughter, and had filed the police report out of spite after he had fallen out with the girl's father.

Magistrate Demicoli, however did not believe the man's protestations of not knowing her age, pointing out that some doubt must have been present as she had given him different ages on different occasions.

The court found the accused guilty of participating in sexual activities with a minor, but acquitted him of the charge of slightly injuring the girl on the grounds of insufficient evidence. The magistrate, after taking into account the fact that sexual contact had taken place within the context of consensual relationship, placed the accused on probation for two-years and ordered not to harass the minor against a €500 guarantee.

Police inspector Joseph Busuttil prosecuted. Lawyers Franco Debono and Marion Camilleri appeared for the accused.

The names of the parties have been withheld at the request of the court.