Accused of sexual activity with 14-year-old, placed under probation

A man has been found guilty of engaging in sexual activity with a 14-year-old girl and has been placed under a three-year probation order.

The case concerned a relationship between the accused and the girl during the summer of 2022, when she was 14 years old. The court heard that their relationship lasted around four months and that the man was more than 18 years old.

Proceedings began following a police report in February 2023 concerning the welfare of the girl, after information emerged that she had been involved in sexual activity with a number of men. The accused was subsequently identified during the investigation. 

During the investigation, the girl identified the accused as her ex-boyfriend. In an audio-visual statement to police, she said their relationship had lasted around four months and mentioned a sexual act between them. 

The girl described the relationship as consensual. The accused also acknowledged knowing her and being in a relationship with her, telling investigators that everything between them had been consensual. 

When she later testified in court, the girl did not give substantive evidence against the accused. 

Her mother also testified about what her daughter had told her concerning her relationship with the accused while she was underage. The defence argued that there was insufficient evidence against the accused, particularly in light of the girl's testimony in court.

The court, however, considered the girl's earlier audio-visual statement together with the accused's own statement to police, finding him guilty of engaging in sexual activity with a person who had not yet turned 16. 

A separate allegation concerning the repetition of sexual acts was not established. The court noted that while the evidence pointed toward one sexual act, it did not establish that such acts had taken place repeatedly. 

In determining the punishment, the court took into account the circumstances of the case, including the absence of evidence of violence, the accused's clean criminal record, his young age, his personal circumstances and his prospects of rehabilitation.

The court also considered that the accused had no previous convictions and concluded that an effective prison sentence was not appropriate in the circumstances, opting instead for measures aimed at rehabilitation. 

The accused was placed under a three-year probation order and a three-year treatment order. A two-year restraining order was also issued in favour of the girl and her family. He was additionally ordered to pay €83.63 in expert costs. 

The accused was represented by lawyers Matthew Xuereb and Alex Scerri Herrera. Magistrate Franco Agius presided over the case.