A party organiser accused of raping an underage girl received a conditional discharge today after a court found that while he had encouraged the minor to have sex over Facebook, charges related to rape had not been proven beyond reasonable doubt.

Marvin Buttigieg, 33, from Victoria, was accused of having raped the 16-year old, defiling her and holding her against her will. Mr Buttigieg was also accused of sexting the girl on social media and through mobile phone messages. The alleged incidents dated back to the summer of 2011. 

The claims had come to light after police, acting on information from the child's father, had discovered photos of a man's genitalia on the girl's computer. The man involved had been arrested and tried before the courts in separate proceedings.

In the course of investigations, police were informed that the girl had allegedly been the victim of a rape which took place inside a garage in Gozo. The premises were used as a store by Mr Buttigieg, who organised teen parties.

The girl had reportedly met Mr Buttigieg to buy a ticket to one of his events. The girl had sold party tickets with Mr Buttigieg even after he had allegedly raped her, the court heard.

It was only months later, while the girl was undergoing treatment for drug addiction, that she confided in a nurse. 

The court, presided over by Magistrate Joseph Mifsud, observed that there had been much flirting between the two over Facebook. Moreover, sexually loaded phone conversations between the man and the minor dated as far back as one year before the alleged sexual violence.

On the basis of all the evidence produced, including the testimony of the accused and the minor, the court concluded that the charges related to the rape, defilement and illegal arrest of the girl had not been proved beyond all reasonable doubt.

However, the court declared the man guilty of having knowingly encouraged the underage girl to participate in sexual activity through information and communication technology, such as Facebook.

After considering the nature of the offence, the accused's criminal record sheet as well as his frame of mind when committing the offence, the court conditionally discharged him for three years.

Lawyer Joseph Giglio was defence counsel.