Organisations calls for swift judicial remedies for victims of sexual assault and rape

Thirteen organisations are highlighting the urgent need for swift and effective judicial remedies for women who have suffered rape and sexual assault.

“These remedies must recognise that rape does not solely occur through physical violence and coercion, and that the lack thereof does not in itself indicate that sex was consensual,” the organisations said.

The statement comes after the Attorney General decided not to prosecute following a recent magisterial ruling which determined that consent for sex was given in a case where a woman shared her experience of being violated in her home by her Mount Carmel carer, who she believed at the time that she could trust.

Emma Agius, who had first opened up about her story back in July 2022, had been waiting for the rape case sentence to be given. She had even conceptually developed an exhibition featuring 12 artists to explore the subject of rape culture.

Emma Agius

“She was not given the opportunity to testify in court, nor was the accused taken for questioning, in violation of the Istanbul Convention and the EU Victim’s Rights Directive setting minimum standards on the rights, support, and protection for victims of crime, ensuring that they are treated with dignity and respect following their traumatic experience,” the organisations said.

They said there is a power imbalance that is inherent to a patient and carer relationship, particularly when the patient is in a fragile and vulnerable state of mental health, this in itself casting serious doubt on the possibility for the victim to give meaningful consent to a sexual relationship.

“Furthermore, it should be noted that a common trauma response is to freeze, and to be unable to immediately respond to threat, particularly if neither fight nor flight are seen as safe options to escape the experienced threat or danger. The absence of physical evidence of violence or coercion can thus never be taken as an indication that there was consent for sex,” they said.

The organisations behind the statement called for the full implementation of the EU Victim’s Rights Directive, to ensure that all victims of rape and sexual assault are granted their full rights as victims who have experienced crime, receiving adequate protection and support. “We further call for mandatory training to all professionals, including police, prosecutors and judiciary, on the elements of consent and impact that this gruesome crime has on survivors.”

“Women who have experienced rape or sexual assault must be able to have full faith in our institutions to deliver justice in a timely and effective manner, and time and time again, we risk falling short and failing victims, subjecting them to needless re-traumatisation at having justice denied. Their voices must be heard and their rapists must be held accountable,” they said.

The organisations behind the statment are: Victim Support Malta, Women’s Rights Foundation, Women for Women Foundation, Dar Hosea, Fondazzjoni Sebh, The Lisa Maria Foundation, The Maltese Association of Social Workers, Dar Merhba Bik Foundation, SOAR Malta, Malta Women’s Lobby, Men Against Violence, Moviment Graffiti, and FIDEM Foundation.