A comparative analysis of the offence of rape on vulnerable persons and its punishment regime

Abstract

This thesis provides an insight into the laws of rape in Malta with a focus on vulnerable persons. It starts off with the definitions of rape and sexual assault as provided by the Maltese Criminal Code in comparison to the definitions provided for such terms by the Criminal Laws of the United Kingdom and those of the State of Montana. The differences between such definitions shall be examined, in particular the elements which are considered to constitute the offence of rape. This thesis then delves into the concept of vulnerability and examines the various criteria which could make a person vulnerable. These include the age at which a person is considered incapable of making an informed decision, the mental or physical infirmity disabling the person from resisting the offender, the abuse by a person in a position of trust or authority, the level of intoxication that disables the person from freely agreeing to sexual activity, social status and the attack by 2 or more offenders simultaneously. It then evaluates the current punishments awarded to the offender in the respective countries and discusses the arguments in favour and against the more controversial punishments predominant in the United States, such as that of chemical castration and compulsory minimum sentencing for convicted paedophiles. This thesis concludes by means of an evaluation discussing the possible ways forward for improvements to be made in Maltese legislation in order to bring about more awareness of the reality of such crime and further protect vulnerable victims. It identifies the important role the media has in bringing about awareness to society and this should be used for the purpose of preventing stigmatization of the victims. This thesis also gives various suggestions for a more effective sex education which should start at an early age.