Probation order for man who exposed himself to young teenagers

A man has been placed on probation for three years after being convicted of defiling two minors, subjecting them to sexual harassment and offending public morals. 

The incidents took place on June 29, 2020 at Argotti Gardens in Floriana and July 8, 2020 in Republic Street, Valletta.

The accused, Albert Rapinett, initially pleaded not guilty when he was arraigned on July 16, 2020 but changed his plea on February 16.

The court heard that on June 29, 2020 a girl accompanied by a friend filed a report about a wheelchair-bound man at Argotti Gardens who had committed indecent acts in public. A second report was filed in July when a group of youths spotted the same man masturbating.

A victim who was 15 at the time told the court that she was with another girl when the accused catcalled them and made gestures at them. He then touched his genitals, but the witness could not recall whether his hand was over his clothes or under. He passed by them and told them to follow him, but they ignored him.

The girl told her mother, who then reported the incident to the police. Photos and videos were presented.

The girl testified that on another occasion, she was with her boyfriend on a bench when Rapinett stopped and stared at her, with his pants down. He then started masturbating in public. He was bare-chested at the time. The witness said that Rapinett was on his feet, although a wheelchair was nearby.

Another girl, 16 at the time of the offence, said she was standing near the stairs leading to Hastings Garden, Valletta, when she noticed the accused staring at her. He was without his pants and masturbating in public.

In court it emerged that the accused told the police he was attracted to young teenagers, claiming that their clothing and behaviour sexually provoked him.

A social inquiry report showed that Rapinett spent time in an orphanage and suffered health-related issues. He was angry at his mother and suffered from losing his father at a very young age.

The court observed that even if the accused had not admitted to the charges, the minors’ testimony was completely credible and corroborated by the accused's statement to the police. It took into account the findings of the social inquiry report, which outlined past experiences that had an effect on him. The report said he could benefit from psychological help, as well as address his alcoholism.

The court also observed that there was no physical contact between the accused and the minors, who were not “very young” at the time of the incident.

The court made reference to a draft law aimed at fighting loneliness. It remarked that this was a step forward in that it would become a positive obligation on the government to promote polices and effective measures for loneliness to be recognised as a social and public health issue. It was hoped that such legislation, once enacted, would help individuals like the accused so that they would not feel isolated and they would stay away from criminal activity.

The court said a reformative punishment was ideal in this case. The man was placed under a three-year probation order and a five-year treatment order. A three-year restraining order was issued in favour of the victims. The name of the accused is to be included in the sex offenders' register. He was ordered to pay €340 in court expenses.

Magistrate Claire Stafrace Zammit presided. Police Inspector Roxanne Tabone prosecuted.