The shortcomings of Maltese law and policy in dealing with cases of child sexual abuse

Abstract

This thesis deals with the phenomenon of Child Sexual Abuse. It highlights the shortcomings of Maltese Law and Policy and proposes measures for amendment on the lines of Continental and Anglo-Saxon legislation. Chapter One deals with the main provision found in the Criminal Code dealing with the defilement of minors, its constituent elements and the aggravations thereto. Moreover, it delves into the workings of the criminal process in this type of offence with reference being made to the institute of complaint of the injured party which unlike the majority of criminal offences, sets the proceedings in motion. This analysis is reinforced by opinions of eminent jurists and is further supplemented with case-law. Chapter Two addresses other sexual offences found in the Criminal Code including rape, violent indecent assault, prostitution and pornography. All these offences are dealt with comparatively with the scope of identifying areas where Maltese Criminal Law could benefit from amendment. Chapter Three delves into the problem of evidence and the treatment of the child witness/victim in the criminal process. Again, an extensive comparative study is undertaken as a consequence of the fact that the Maltese judicial process lags grieviously behind the standards set by other jurisdictions. Chapter Four then examines the obtaining government policies of selected countries underlining their efforts to provide for the prevention and detection of cases of sexual abuse and the protection and after care of child victims. Finally, Chapter Five proposes various amendments to the obtaining legislation together with guidelines for effective policy-making.