Community service for man who had sex with minor at the Upper Barrakka Gardens

A 20-year-old man from Mosta was sentenced to community service and a five-year treatment order after admitting to having engaged in sexual activity with a 15-year-old girl. 

The case originated from an incident on 16 August 2024, at the Upper Barrakka Gardens in Valletta. In handing down judgement the court considered that when the act is deemed consensual between parties who are relatively close in age and developmental level, provided there is no evidence of physical or psychological abuse, the sentence can be lowered.

The court heard how the accused and the victim first encountered one another during the summer parish feasts of Żejtun and Mqabba earlier that year. They then started speaking to each other on Facebook, where the accused began sending sexually explicit messages and requesting recordings and private photographs from the minor.

While the victim complied with some requests, she clarified in her testimony that the images she shared were taken while she was fully clothed.

On the day of the offence, the two met in Floriana before walking into the capital. Testimony revealed that the accused initially attempted to persuade the minor to enter a restaurant restroom to have sex, a request she refused. The pair subsequently moved to the Upper Barrakka Gardens, where they had sex. The victim testified that she eventually asked the accused to stop, at which point he complied, and they left the area together by bus.

The matter was brought to the attention of the authorities after the girl’s mother discovered blood on her clothing, prompting a confession from the victim to her father. A subsequent medical report confirmed that they had sex, but noted no signs of physical violence or forced penetration.

A significant factor in the proceedings was the victim’s intellectual profile; her father informed the court that a Child Development Assessment Unit report indicated his daughter possesses a functional mental age of 12.

Although the accused initially denied the charges, he eventually admitted in October 2025 after being informed of the legal consequences. In determining the appropriate sentence.

The court took further note of the accused’s clean criminal record, his cooperation with the police, and his personal struggle with ADHD. Aligning with the recommendations of the probation officer, it concluded that the accused would be better served through rehabilitation rather than incarceration.

The court imposed a community service order alongside a five-year treatment order, ensuring the accused remains under professional supervision to address his behavioural choices and underlying condition. Additionally, a three-year restraining order was issued in favour of the victim.

The accused was also ordered to pay €442.27 in court expert fees and was sternly warned of the immediate legal repercussions should he fail to adhere to any of the court’s mandates.

The prosecution was led by AG lawyer Jennifer Polidano, Inspector Marshal Mallia. Magistrate Claire Stafrace Zammit presided over the sitting.