A 58-year-old man, who was sexually abused by his stepmother throughout his childhood, is asking the courts to declare that a law which time-bars such crimes is in breach of his human rights to seek justice and compensation.
The man said he only came to terms with the fact that he was a victim of child abuse some years ago and it is only now that he can seek justice for what was done to him when he was a child.
However, Maltese law does not allow him to take criminal or civil action against his abusers now – because the 15-year time-bar on the crime elapsed.
As the law stands, crimes are time-barred for several years.
The period varies between two and 20 years, depending on the severity of the case and the penalty associated with it. Recent amendments to the law extended the period of prescription to start from the day on which the victim “attains the age of majority”, which in Malta is 18.
But even this is sometimes not enough time for victims of child abuse, which is why, earlier in August, Commissioner for Children Pauline Miceli said that time-bars on offences involving sexual abuse of children should be scrapped.
Miceli said discussions were being held within her office to officially propose the complete removal of a time-bar in offences involving sexual abuse when the child is a minor, and only speaks out later in life in adulthood.
In the constitutional application filed against the attorney general, in the First Hall of the Civil Court, the man said that throughout his childhood he was sexually abused by the wife of his father. He also says his father was aware of the abuse which lasted several years, starting when he was about eight years old.
Some were too young to even realise what was happening, while others felt something was wrong and suffered psychological repercussions
It took him many years to come to terms with the fact that he was a victim of abuse and he still suffers the psychological and emotional repercussions of this abuse, he said in the application signed by lawyers Lara Dimitrijevic and Andrew Sciberras.
While he was aware that many years passed, it was only now that he was in a position to face what happened to him and seek justice and compensation.
However, the law did not allow him to take criminal or civil action against his abusers since the crime was time-barred.
This, he said, constituted a breach of his right to a fair trial, his right not to be subjected to inhumane treatment and his right to respect for private and family life, according to the Constitution and the European Convention On Human Rights.
He called on the court to declare that the law was in breach of his rights and order the attorney general pay for the damages he suffered.
The case was filed some two years ago and is now reaching completion.
It comes at a time when, over the past weeks, the international MeToo Movement has gained momentum in Malta with women speaking on social media to reveal their sexual abuse trauma.
Many of the disturbing stories shared common threads. The women often said they were abused when they were children or teens, and by people they trusted – relatives, friends and teachers.
Some were too young to even realise what was happening, while others felt something was wrong and suffered psychological repercussions as they kept their shame bottled up for years.