Sex offences against minors

I refer to the editorial ‘Justice should not have a cut-off date’, (December 21).

This is a sound proposal despite some controversy among legal circles as to whether sexual offences against minors should be time-barred or not.

In 2021, then justice minister Edward Zammit Lewis stated that prescription on cases of sexual assault should remain in place, despite calls from victims and NGOs for its removal in such cases. He could only agree with the prescription being extended, as, indeed, it subsequently was, to 20 years starting from when the victim is 23 rather than 18.

At the time, lawyer and women’s rights activist Lara Dimitrijevic opined that sexual abuse of minors has a particular characteristic because of the vulnerability of the victim and the serious psychological impact it has on them.

Also that year, blogger Manuel Delia expressed his view that the statute of limitations of crimes against children should be abolished. There should not be a time limit for persons to come to terms with the pain they were made to suffer throughout their life because they were violated at a time in their life when they were too vulnerable to even realise what was happening to them.

Indeed, this seems to be the trend picking up among mainland EU countries, starting from the Netherlands, which, in 2013, removed the limitation period for sexual offences against children that carry a sentence of eight years. This means, for example, that there is no longer a statute of limitations for rape, indecent assault and intercourse with children younger than 16 years of age.

Thereafter, Denmark, Belgium, France, Spain, Portugal and Luxembourg followed suit, having realised the urgent need and benefits of abolishing the criminal statutes of limitation.

Retaining a cut-off date for sexual abuse of minors rewards institutions that successfully cover up abuse. Eliminating it altogether ameliorates its harsh effects.

Furthermore, one strong justification for abolishing prescription is that newly-acquired evidence of past crimes is common, not to mention that perpetrators of abuse pose a risk to children throughout their lives.

So, yes, our legislators should seriously consider taking on board the editorial’s suggestion.

In the meantime, one must stress the importance of public education that, as a result of disclosure, can prevent future abuse.

MARK SAID – Msida