Sexual offences against minors will carry longer time-bar in major shakeup of laws

A 20-year time-bar for sexual crimes against minors will kick off when the victim reaches 23 years of age in major shake-up of laws that also sees bestiality becoming illegal

Minors who suffer sexual abuse will have 20 years from when they reach age 23 to report the crime
Minors who suffer sexual abuse will have 20 years from when they reach age 23 to report the crime

The government is proposing that the time-bar for sexual offences committed against minors be extended to 20 years in a major shakeup of criminal laws.

Addressing a press conference on Monday, Justice Minister Edward Zammit Lewis said the time-bar for sexual offences against minors will start from when the victim is 23 and not 18 as things stand today.

Zammit Lewis insisted that the legal prescription period should not be scrapped entirely.

The proposal forms part of a raft of changes to the Criminal Code and other laws dealing with sexual crimes and consent.

The changes will also make sexual activity between a human being and an animal illegal and punishable under the Animal Welfare Act. Bestiality is currently not a criminal offence.

Justice Minister Edward Zammit Lewis
Justice Minister Edward Zammit Lewis

Amendments to the Health Act

Zammit Lewis said the Health Act will also be amended to clarify that persons aged 16 and over will be able to seek psychiatric treatment and counselling without the need for parental or guardianship consent. The law was amended in 2018 to allow 16-year-olds to seek medical treatment but the two aspects outlined in the proposed changes had been excluded.

Juvenile Court jurisdiction extended to under-18s

Another proposal seeks to increase the Juvenile Court's jurisdiction to all persons under the age of 18 instead of the current age of 16.

This means that where a person under 18 is charged before another court together with a person over 18, the Juvenile court will decide whether to hear the case against the minor itself or whether to transfer its jurisdiction to the other court.

Sexual offences

Changes to the Criminal Code will make it clearer that non-consensual sex with an object shall still be considered rape.

Sexual grooming will no longer be limited to solicitation by information or communication technologies and it will be enough to prove intent. The proposed changes will also cover acts done or intended to be done after the meeting.

Consensual acts between peers

The proposal seeks to decrease the punishment by one or two degrees in such situations where consensual sexual acts occur between persons close in age but where one is under the age of 16, as long as no physical or psychological abuse is involved.

Child abduction

The crime of child abduction will kick in automatically if a child is removed from Malta for longer than three days after the time permitted by the courts.