Parliament starts debate on femicide Bill as PN offers bipartisan support

The House of Representatives has kicked off its second reading of a Bill that will introduce the concept of femicide to the criminal code.  

Prime Minister Robert Abela started the discussion by recounting his visit to the Sliema vigil last January to commemorate Paulina Dembska. The vigil was held at Independence Garden, where Dembska was raped and murdered.  

“When my wife and I attended the vigil, we were shocked. It made me reflect on how much more we needed to do. There was a strong sentiment of anger and disappointment over what happened just a few hours before in the same location,” he said. 

As the father of a young girl, Abela said he could sympathise with those who were worried about the case. “While we made a lot of changes, we couldn’t let this case pass without sending a strong message that this isn’t the society we want,” he continued. 

“We can’t let the small things slide and then say we’re sorry when something big happens,” he stated. 

Abela explained the legal implications of the Bill when a judge is deciding on the final penalty for someone accused of homicide or attempted homicide.  

“A life sentence is a life sentence – but after the jury gives their verdict in a trial, it is up to the judge to interpret the law and decide the penalty according to the circumstances. The maximum sentence is life, but there are different levels,” he said.  

“Many factors are taken into account, such as whether the jury verdict was unanimous or whether the accused has shown a change in behaviour since the crime. With this law, we are stating that if the murder or attempted murder was a femicide, that fact prevent the judge from giving a softer penalty.” 

“We need to work towards full equality, in theory and in practice. Equality is something you live and experience, not just something you speak about. To do this, you need to look at inequalities and try to balance it out. One way of doing this is acknowledging that women are more exposed to this violence,” he asserted. 

Opposition leader Bernard Grech gave his speech after Abela. He said Paulina Dembska’s murder was shocking for Malta, not because people thought it would never happen in Malta but because it confirmed many people’s fears. 

He recalled the reactions of his two children, a girl and boy, to the attack and noticed a difference in the responses. 

“On one hand I saw a man who understood that this was a brutal attack, and on the other I saw my daughter of 21 years. She spent 24 hours after the news broke quietly looking and reading through her mobile. I could see in her eyes the fear of a girl who realised that you’re not always safe when you’re alone in this country, even if you’re in an urban area.” 

“Maybe it’s too early to judge what exactly happened in this case. And we ought not to judge too early as a legal process is already underway. But as legislators we have to work with the information in our hands while respecting everyone.” 

Grech said that the Nationalist Party will be supporting the Bill and see how it can be approved. “However, we will be clear that this is just a fraction of what needs to be done.” 

“Over the past 10 years I saw a shocking increase in this ‘anything goes’ mentality. This was the tone intentionally established from the high offices of the Labour government. We can’t let this continue,” he remarked. 

“As the Opposition my message is clear – we will do everything we can to make sure this country is safe for everyone. […] Paulina Dembska loved Malta, today we remember her and apologise for failing her.” 

The bill 

The bill presented will commemorate the memories of Paulina Demska, Chantelle Chetcuti and other women who were murdered due to their gender.  

It will also make reference to ‘crime of passion’, which is often used by the defence to get softer punishments. However, in instances of femicide, this will no longer be an acceptable excuse.   

The bill also speaks of intent, not only when the crime starts and end with homicide but also the possibility of an attempt that is not carried out.  

It makes it so that any person of the male gender who is found guilty of voluntary homicide on the female gender will have to be given the maximum sentence.   

The amendment will apply in the case of the killing of a woman or a girl of a man motivated by gender. It will include domestic violence, honour killings, misogynistic intentions, religious practices such as genital mutilation and sexual abuse.    

The bill aims to raise awareness among the general public that violence against women will no longer be tolerated.