Man acquitted of raping woman he allegedly promised to marry

A man accused of repeatedly raping a woman he had allegedly promised to marry has been acquitted after a magistrate’s court ruled that the prosecution had failed to prove the case beyond reasonable doubt.

Aftab Prince, a 37-year-old Pakistani national living in Birkirkara, had been charged with repeatedly raping the woman by using violence in May 2019 and in the preceding months.

The woman, also from Pakistan, told police she had travelled to Malta after Prince helped arrange her visa and work permit. She claimed they had known each other for around three years through Facebook, WhatsApp and phone calls, during which he had spoken of marriage and a future together.

According to her testimony, the first assault happened on the day she arrived in Malta in August 2018. She claimed Prince took her to his room, turned off the lights, locked the door and forced himself on her despite her crying, objecting and resisting.

She told the court she had been a virgin before that incident and that the alleged assault caused her severe pain, bleeding and emotional shock.

The woman said the abuse continued over several months, claiming that Prince repeatedly took her to his room or other locations and forced her into sexual intercourse. She maintained that she never consented, saying she had repeatedly told him she did not want to have sex before marriage.

She also testified that she remained emotionally attached to Prince and continued meeting him because she hoped he would keep his promise to marry her. She said she delayed reporting the matter because she felt ashamed, isolated, emotionally dependent on him and afraid she would not be believed.

The police report was filed on May 17, 2019.

Several witnesses testified during the proceedings, including police officers, a lawyer and mental health professionals who had seen the woman after the alleged incidents.

One psychologist told the court the woman had disclosed the allegations before making the formal police report and appeared to be suffering from trauma. Another doctor said she had presented symptoms consistent with post-traumatic stress disorder.

The defence, however, argued that the relationship had been consensual and pointed to the fact that the woman had continued meeting and communicating with Prince over a prolonged period. It also suggested that her disappointment over the failed prospect of marriage may have influenced the allegations.

The woman rejected that interpretation, insisting that although she loved Prince and wanted to marry him, she had never consented to sexual intercourse.

In her judgment, Magistrate Caroline Farrugia Frendo said the court had to determine whether the woman’s testimony, standing largely on its own, was sufficient to prove the charge to the required criminal standard.

The court noted that a conviction may legally be based on the testimony of one witness if that witness is believed. However, where the court remained in doubt, the principle that doubt must operate in favour of the accused had to apply.

The magistrate observed that the prosecution had not produced medico-legal evidence capable of corroborating the claim that the woman had been subjected to forced sexual intercourse.

She also noted that the woman had continued to meet Prince several times a week, despite claiming that every sexual encounter was non-consensual.

While acknowledging that victims of sexual offences may react in different ways and that delayed reporting was not, in itself, decisive, the court said the particular circumstances of the case gave rise to substantial doubt.

The court said the woman’s emotional attachment to Prince, her expectation of marriage, the collapse of that expectation and the timing of the police report all had to be weighed when assessing whether the prosecution had proved its case.

Suspicion, conjecture or moral certainty could not replace proof beyond reasonable doubt, the magistrate said.

Prince was therefore found not guilty and acquitted.

Inspector Joseph Busuttil prosecuted. Lawyer Franco Debono appeared for the accused.