A teacher, who subjected a 12-year old student to five years of sexual abuse that left a negative psychological impact upon the victim, has had his six-year jail term confirmed on appeal.

Alexander Giacomotto, now 69, had appealed the conviction handed down by the Magistrates’ court in 2014, eight years after the victim had reported the abuse to the police.

The case goes back in 1991 when the then 12-year old was invited out by his English teacher at Christmas time.

That outing ended at Giacomotto’s home where the boy was shown a pornographic movie and induced by his teacher to perform oral sex.

It was the first in a series of similar instances, spanning a period of five years, with the abuse taking place inside the accused’s car and home, where the man would sometimes even lock the bedroom door and remove the key.

Meanwhile, Giacomotto showered his victim with money and gifts while subjecting him to various forms of sexual abuse.

Matters had taken a turn for the worse in 1993 when Giacomotto convinced the boy’s parents to consent to their son sleeping overnight at his home while the boy worked as waiter at Giacomotto’s restaurant over the summer months.

That was when the abuse turned violent.

Finally, in 1996, when no longer a child, the teenager took a firm stand, resisted the man’s advances and broke off all contact with his abuser.

Ten years later, he reported the ordeal to the police.

The court of criminal appeal, presided over by Madam Justice Edwina Grima, rejected Giacomotto’s argument that the action was time-barred, explaining that the circumstances pointed to a continuous offence which, in this case, was subject to a 15-year prescriptive period.

The court also observed that the legislator had recently addressed the issue of defilement of minors, by stating that prescription is to run from the date that the victim is no longer a minor.

Giacomotto also argued that the alleged victim had withdrawn his complaint.

But there was no formal withdrawal in the records of the case, observed the court, noting that “the appellant had done all he could to try to convince [his victim] to withdraw his report and had even offered him money and gifts.”

On the other hand, the victim had been consistent throughout in his account and admitted to meeting his alleged abuser in the course of therapy for psychological problems that emerged later on in life.

He had also accepted financial help from Giacomotto who, no doubt, had “abused his authority as teacher,” said Madam Justice Grima, confirming the punishment which fell well within the legal parameters which allowed a maximum 12-year jail term.

The judge noted that Giacomotto's criminal record also showed past convictions for similar offences and this fact “greatly troubled the court.”

In confirming the conviction, the court also confirmed Giacomotto's name on the sex offenders register and issued a 3-year protection order for the victim.

Inspector Louise Calleja had prosecuted at first instance