Probation for music teacher guilty of defiling three children
Court hears disturbing testimonies from children aged five and 11 years
A 28-year-old Gozitan man was placed on three-year probation after he was found guilty of defiling three minors.
The music teacher, who cannot be named by court order, was accused of committing non-consensual acts of a sexual nature and subjecting three minors to sexual harassment on different occasions.
The court heard how a woman and her 11-year-old son filed a report on January 19, 2023, alleging that the teacher had groped the boy and harassed him.
She recalled how on the day of the incident, his grandmother took him to the lesson and picked him up. After the lesson, the boy went to cry in his bedroom. When his mother spoke to him, he said the accused touched his leg, chest and tried to kiss him.
During the investigation, it emerged that a man filed a report on behalf of his five-year-old daughter, who similarly had been attending piano lessons given by the accused.
The accused accompanied her outside and asked her if she wanted to kiss him, but she refused. He asked to see her genitals and asked if she wanted to see his. When she refused, the man placed his hand on his genitals. The girl informed her father she did not want to attend any lessons.
The five-year-old testified as she described his behaviour in detail and recalled that the man told her not to tell anyone about the incident. She decided to tell her parents.
The 11-year-old also testified and said the accused rubbed his chest and legs and grabbed his hand asking him to do the same. When the accused tried to kiss the boy, he stood up and told him to stop. The accused told him not to tell anyone about the incident.
A woman testified about her seven-year-old daughter and said that the accused had kissed her on the cheek, stroked her leg and the girl was not comfortable with this behaviour. She eventually spoke about the incident.
The accused testified in the proceedings and said that he gave several private lessons and claimed that the five-year-old and the 11-year-old had abruptly stopped going to class.
He claimed that he suspected that since they were foreigners, they had left the country.
The court observed it was faced with two diametrically opposite versions from the accused and the victims, adding that the latter had been consistent.
From the social inquiry report, it emerged there were no personal issues, nor did he experience issues while growing up. Moreover, he was in a stable relationship.
The court observed that the offences were carried out over a short period of time and were deemed out of character. However, it could not ignore the psychological harm it caused to the victims, and the psychiatric experts had reported back to the court that the victims had been affected by the incident though they did not need more assistance to process the trauma.
The court said the accused may need assistance to overcome psychological and emotional difficulties, which potentially led to these incidents. It observed that these are serious offences, and the victims had continued with their lives. The court said the accused cannot be trusted in the presence of minors, with exception of his child.
It also considered that the man had a clean criminal record and was always in gainful employment.
The man was found guilty and placed under a three-year probation.
A treatment order and a restraining order were imposed for three years each.
He was ordered to pay €1,000 in court expenses.
The man was registered on the sex offenders register.
Magistrate Leonard Caruana presided.
AG lawyer Sean Gabriel Azzopardi prosecuted.
Lawyers Franco Debono, Marion Camilleri and Joshua Grech assisted the accused.