A 59-year-old man with the mental age of a child has been placed on probation for three years after being found guilty of defiling a 14-year-old boy.

The man had originally also been charged with rape, but subsequent medical examinations did not find evidence of penetration.

He was also cleared of illegally arresting the boy and of holding him against his will.

Both names are not being published to protect their identity.

The incident took place on December 13, 2013, when the accused met his victim at a bakery in Qormi where the youngster had gone to buy sweets. He lured his victim to his farm in Ta’ Farsina, Qormi, where he told him he would show him his mare.

The two went to the farm on the youth’s bicycle and upon their arrival, the man shut the door, dropped his trousers and performed sexual acts. He urged his victim to follow suit. The boy obeyed and the accused began fondling his private parts.

Upon his return home, the boy told his mother what had happened, a police report was filed and the accused was arrested.

The man had initially admitted to raping the boy and indecently assaulting him. The boy, however, testified in court that no rape had taken place and this was confirmed by a medical examination.

The magistrate heard a court-appointed psychiatrist testify that the accused had a mental age of a child of between nine and 12 years.

People suffering from this condition lack the maturity to be able to take care of themselves, the report said. A social inquiry report revealed that the man had been picked upon because of his intellectual disability while he was being held under preventive custody at Mount Carmel Hospital.

The probation officer said that an effective prison term would be detrimental to the man rather than beneficial.

The magistrate upheld these recommendations and placed the man on probation for three years after finding him guilty of defiling the vulnerable boy and of participating in sexual acts with him.

She also placed him under a one-year treatment order and appointed a clinical psychologist to monitor his progress.

The minor was granted a protection order for two years.

Police inspectors Sylvana Briffa and Joseph Agius prosecuted.