A man was spared a possible maximum 12-year jail term for allegedly raping his former partner after the woman insisted on dropping charges, saying that this was her free decision.

The 38-year-old Ħamrun resident was arraigned on October 14 after the woman filed a domestic violence report claiming that she had received threatening messages from her former partner.

During a risk assessment of the case, the alleged victim told psychologists that the man had also raped her.

Her report triggered a magisterial inquiry.

The man was charged with rape, non-consensual sexual acts, holding the alleged victim against her will as well as misuse of electronic communication equipment and damage to third-party property.

He was also charged with recidivism.

He pleaded not guilty.

The defendant was granted bail upon arraignment after defence lawyer Franco Debono argued that the sex appeared to have been consensual.

He also strongly rebutted the prosecution’s argument that there was a real fear of tampering with evidence.

Since the alleged victim had already testified before the inquiring magistrate, in terms of the Criminal Code that meant that she was not to be summoned to testify again in the compilation of evidence, argued Debono.

When the case resumed earlier this week, parte civile lawyers Mario Mifsud and Nicholas Mifsud informed the court that the woman did not wish to testify.

She wanted to drop charges and stop criminal proceedings against the defendant.

That request was to be accepted by the court as long as it was a voluntary decision by the alleged victim, put in defence lawyer Franco Debono.

The alleged victim was administered the oath.

She was then questioned by the prosecution, her lawyers as well as presiding Magistrate Abigail Critien so as to ensure that she was not pressured in any way.

But the woman stood firm in her position.

She insisted twice over that she wanted to drop charges, explaining that she wished to patch things up with the man and continue her relationship with him.

The Magistrate warned her that if her request were to be upheld she could expect no protection from court.

But the woman’s stance did not change.

She also turned down a suggestion to postpone a final decision to another sitting. No one had forced her to make that decision. It was her free will, the woman said.

Faced with that testimony, the court upheld the woman’s request to stay proceedings against the defendant who was thus spared further criminal prosecution.

AG lawyer Jurgen Dalli and Inspector Colin Sheldon prosecuted.

Lawyers Franco Debono and Adreana Zammit were defence counsel. Lawyers Mario Mifsud and Nicholas Mifsud appeared parte civile.