Bill to clamp down on domestic violence, rape tabled in Parliament

Civil liberties minister Helena Dalli tables Bill that will widen legal definition of rape to include all non-consensual sexual contact and double maximum prison sentence for rapists to 20 years

A Bill to clamp down on domestic violence and rape has been tabled in Parliament for its first reading.

Delivering her parliamentary adjournment, civil liberties minister Helena Dalli – who tabled the Bill – gave a brief outline of what will change in practice.

Notably, it will widen the legal definition of rape – currently limited only to penile penetration – to include all forms of unwanted sexual contact.

The Bill also proposes that the maximum sentencing for rapists be more than doubled to 20 years, and that sexual activities with minors increase to 15 years, with the sentence increasing according to the aggravation of the case. The charge of abduction would more than treble to 10 years. 

The legal definition of domestic violence will also be widened to refer to “all acts, or omissions entailing physical, sexual, psychological or economic violence that occur within the family or domestic unit or between former or current spouses or partners”.

Moreover, the police will be able to prosecute people on charges of rape and abduction without the prior complaint of the injured party

Dalli also said that campaigns will be launched to highlight the reality of men who take advantage of drunk girls.

“This is a reality in Malta, and while some people that this it isn’t a problem because it’s consensual, we must send out a message that it isn’t consensual at all as she wouldn’t be in her right senses.”

She noted that the police received 1,205 reports on domestic violence last year, a 300% increase when compared with 2008. However, she took heart from those statistics, arguing that more and more victims are now reporting cases of domestic violence.

“In the past, the prevailing mentality was that the police and society did not interfere between the walls of a household, meaning that domestic violence went unreported.,” she said.

The proposed legal amendments will ensure that the law is fully compliant with the Istanbul Convention on preventing and combating and domestic violence that Malta ratified in 2014.