Appeal court replaces jail term for sex offender with probation
Court emphasises reformative purpose of justice system for offenders who require specialised support
A man convicted of sexually abusing a 12-year-old girl has had a five-year prison sentence replaced with probation and community service after an appeal court found that his significant intellectual disabilities warranted a rehabilitative rather than custodial approach.
In a judgment delivered on Tuesday, Madam Justice Consuelo Scerri Herrera emphasised the reformative purpose of the justice system particularly for offenders who require specialised support rather than incarceration.
The 23-year-old man was originally convicted by the Magistrates' Court for corrupting a 12-year-old girl and participating in sexual activities with her in June 2021, in Birżebbuġa. The first court had sentenced him to five years in prison alongside a five-year treatment order, a three-year restraining order, and mandated his inclusion in the sex offenders’ register.
His defense team appealed the judgment, arguing that the original court failed to properly weigh the inconsistencies in the young victim's testimony, particularly her claims of being forced which the accused consistently denied, maintaining the acts were consensual.
The defense further highlighted that the victim had prior sexual experiences, but most centrally argued that a prison sentence was purely punitive and ignored the accused’s clear need for a reformative approach.
The appeal rested heavily on the testimony of Clinical Psychologist and Neuropsychologist Sandra Borg Esposito. She testified that the accused suffers from low intelligence and poor memory, making him highly vulnerable and susceptible to being taken advantage of by others. She explained to the court that due to his developmental delays, he operates closer to the parameters of a child and struggles to grasp abstract concepts or verbal warnings.
The expert concluded that the man required support to access the right services tailored for his needs in the community, rather than generic assistance or incarceration.
In her judgment, Scerri Herrera noted that criminal justice cannot be solely focused on punishment but must address the underlying causes of criminal behaviour and the real prospects of reintegration. The Court observed that the accused’s intellectual vulnerabilities were not given weight by the first court.
The Court concluded that the criminal proceedings themselves had already served as a strong deterrent for the man and determined that specialised treatment and community supervision were far more appropriate than an effective jail term.
Therefore, the Court revoked the five-year prison sentence and placed the accused under a three-year probation order and 120 hours of community service.
The Court confirmed the remaining preventive measures from the original sentence, including the five-year treatment order, the three-year restraining order to protect the victim, and his registration on the sex offenders register.
Lawyer Beppe Darmanin appeared for the accused.