Grandfather jailed five years for sexually harassing and groping granddaughter

A grandfather has been jailed for five years after he was found guilty of committing non-consensual sexual acts on his granddaughter, who was a minor at the time.

The man was accused of defiling the girl, as well as sexually harassing her. He denied the charges.

The case dates to June 4, 2019 and years before that.

The police were informed about the case by the school administration after the girl suffered a panic attack and spoke about wanting to die by suicide.

She also made allegations of groping and sexual harassment against her paternal grandfather.

The police officers went to the school, and the girl explained that her grandfather would hug her from behind and grope her breasts, buttocks and thighs. She also detailed an incident when they had been eating at a restaurant, and he groped her buttocks when they went outside to watch fireworks.

An inquiry was launched into the case, during which it was observed that the girl was under pressure from her parents and feared them. The girl was uncomfortable during the inquiry and did not want to cause trouble back home, since her family lived with the accused.

The man was arrested on August 19, 2019.

When the young woman was called to testify in the proceedings in September 2023, she told the court that four years had passed since she filed the report and did not want to reopen wounds and be made to go through another trauma.

The victim testified that she did not live with her grandfather anymore and forgave the accused, saying he had no bad intentions. The victim said that she wanted help at the time, not four years later.

In its considerations, the court observed that the girl’s version was missing because, in her words: “after four years, nothing happened. I am going to reopen wounds, and I do not see any point in this [testifying].”

The girl had also said that she no longer lived with her grandfather and has no contact with him.

“I thought the case had been forgotten,” the victim said at the time of her testimony, adding that since then she had moved on. The woman said that after the case was reopened, she was mentally destroyed.

The court examined the evidence gathered for any circumstantial evidence in the absence of the victim’s testimony, in which she chose not to testify against her grandfather and forgive him.

Court raps AG for taking long to institute case

For the court, it was clear that the victim’s decision not to testify was based on the fact that four years had passed, with the court saying it could not understand why the Attorney General, who was responsible for filing the charges against the accused, took four years to do so.

“Throughout those four years, the victim addressed all the psychological issues that she had been through when the alleged offences had taken place,” Magistrate Claire Stafrace Zammit noted, adding that it understood perfectly well what the victim said: “After four years, I thought my case had been forgotten.”

The court condemned the fact that a victim was forgotten by an entity which should act as a shield for victims, even more so when the victim is vulnerable. The court said it hoped that such incidents would not be repeated.

While the evidence consisted mostly of hearsay evidence, the law provides for when it is to be accepted. The court also observed that the man had released a statement to the police in the presence of his lawyer, wherein he admitted to some of the charges issued against him.

The court did not find the man guilty of defilement since the victim dropped her criminal complaint.

However, it found him guilty of the remaining charges, given that in his statement, he confessed to making inappropriate comments on the girl’s breasts and touching her legs, but denied going all the way up.

When asked if he touched her buttocks, the accused told the police that he would even slap his son’s behind if he happened to pass by.

Asked specifically about the girl, the man told the investigating inspector: “I don’t know about nowadays, before grandparents... I don’t know. Yes, let's say yes.”

He also told the police that the girl would tell him to “let her be” when asked if she ever pulled away with him.

The court took these as the man admitting to committing sexual acts on his granddaughter, as well as making sexist remarks in her regard, without any shame. It also held that his behaviour amounted to a course of conduct and that he had effectively harassed her.

The court-appointed psychiatrists reported that there was nothing to indicate that the girl had been coerced to file a false police report against her grandfather, and noted that she was consistent throughout.

When making its considerations on punishment, the court took into account that the man showed no remorse and behaved as though such actions were acceptable.

The court concluded that the man did not understand the seriousness of the charges brought against him, and in this case it was best to mete out a punishment which would serve as a deterrent.

The man was jailed for five years after being found guilty of committing non-consensual sexual acts on his granddaughter and harassing her.

A four-year treatment order was imposed on him.

A three-year restraining order was issued in favour of the victim.

The court ordered that he be put on the register of sex offenders.

He was ordered to pay €880.46 in court expenses.

The court ordered that a copy of the judgement is sent to the AG, the justice minister and the social policy minister.

Magistrate Claire Stafrace Zammit presided.