Womens' confederation says rape sentence is ‘ambiguous’

The Malta Confederation of Women's Organisations (MCWO) has questioned the ambiguity of a recent court judgement on the rape case involving a 17-year-old girl where a court sentenced her rapist to four years' imprisonment.

"The length of a four year sentence does not justly equate to the terrible physical and psychological effects of rape on a victim who suffers both physical and psychological trauma that invariably manifests itself in a variety of ongoing mental disorders such as substance abuse, eating disorders, anxiety and depression," the MCWO said.  

The confederation explained that according to the Criminal Code, the perpetrator of rape or carnal knowledge with violence, is liable on conviction, to imprisonment for a term from three to nine years, with or without solitary confinement. 

"This criminal act is currently defined by law as a crime against the honour of the family and not as a crime against the victim per se which leaves the current definition by the courts on rape and violent assault fundamentally ambiguous and constrained," MCWO said.

The confederation added that the recent sentence is "ineffective" and sends a message to society that the law gives precedence to a crime under honour of the families over and above the actual crime and trauma created by the rape itself.  "There needs to be clear-cut criteria defining the law rather than leaving it open to the perception that society degrades women to the status of a family chattel rather than promote women as human beings with their own rights."

MCWO contends that the definition of crimes of rape and violent assault should be amended to declare these acts as "crimes against the physical and mental integrity of women and as a form of discrimination that seriously inhibits women's ability to enjoy their human rights and fundamental freedom on a basis of gender parity."

MCWO said that this recommendation was also made by the Committee of Experts of the Convention for the Elimination of All Forms of Discrimination against Women (CEDAW) following Malta¹s submission of its National Report in November 2010.