The defilment of minors : an analysis of article 203 and 203A of the criminal code and legal developments post-2016

Abstract

Safeguarding minors from becoming victims of sexual offences is a crucial aspect of any legal system, ensuring their protection from harm, exploitation, and abuse. One of the most serious offences in this context is the defilement of minors, which carries significant legal and social implications, and like other offences, requires a thorough and evolving legal framework. The defilement of minors involves taking advantage of a child’s vulnerability, violating their innocence in a way the permanently impacts their understanding of their surroundings. This dissertation aims to bridge the existing gap in the literature by examining the period between 2016 and 2024, focusing on the evolution of legal provisions related to the offence. This study will analyse the relevant provisions in depth, as well as legal developments made since 2016 and various judgements, with the aim of determining whether more can be done to ensure legislation is in line with society's evolving values, needs and expectations. The analysis will focus on the evolving interpretation and application of such legal provisions in Malta and will also examine the Court's reasoning when faced with such cases. In this dissertation, it was identified that the substantive elements for this offence to subsist are sufficient to determine culpability, however the impact of this offence goes beyond these elements. There are psychological and emotional impacts which must be considered as well in Court proceedings. It was also identified that a number of legislative amendments have taken place since 2016 which have not necessarily impacted the substantive elements of the offence but have contributed to the lower of the age of consent, the use of gender neutral vocabulary, and harsher penalties for victims. No lacunae were identified, however some areas for further research were recommended to assist in the development of further legislation, namely the psychological and emotional factors in both the perpetrator and the victim, and an attempt to conduct interviews with victims of this offence and other professionals which have come into contact with such offences.