A decade after 15-year-old Lisa Maria Zahra was murdered by her drama teacher, Malta still lacks a national safeguarding policy that would have to be enforced by all organisations working with children.
“Protecting our children should not be a choice – if we are not saying clearly how important this subject is, we can’t expect everyone to follow suit,” Kerry Hermitage, CEO of the Lisa Maria Foundation, said.
The foundation was set up in memory of Lisa Maria with the overarching objective of ensuring the protection of children and youth.
Lisa Maria died at Dingli Cliffs on March 19, 2014. Her then 23-year-old drama teacher, Erin Tanti, was found injured some 50 metres away from the cliffs. He was charged in court with her murder, pleading guilty in June 2019 at what was to be the start of his trial by jury. He was jailed for 22 years for murder and defilement.
On behalf of the Zahra family, Winston J. Zahra, Lisa Maria’s cousin, said: “We have done our best as a family to divert the emotions surrounding the tragic loss of Lisa Maria 10 years ago into something positive by trying to make necessary changes in the safeguarding of children through the work of the foundation.
“Although a good amount of progress has been made, there is still a great deal of work to be done and we will continue to work hard and emphasise the importance of this subject with the decision makers on our islands and with anyone who has a duty of care towards children. We will continue to do this in Lisa Maria’s name.
When it was set up at the end of 2014, the foundation immediately began to lobby for stronger laws while emphasising better education and awareness.
Hermitage said that the Protection of Minors Act, enacted in 2012, obliges organisations that work with children to check if employees are registered on the child offenders list before recruiting them. Convictions that can lead to inclusion on the register cover rape, having sex with minors, child abduction, prostitution, pornography, trafficking in minors and the harassment and neglect of children.
Checks and job interviews
But Hermitage notes that not all people who can be harmful to children are convicted and listed on the register.
“We have heard of people whose jobs have been terminated for suspicious behaviour but are not charged or convicted. So there has to be more and better filtering at recruitment stage, with checks and job interviews tailored to consider safeguarding issues.
“A national strategy would also need to encourage ongoing monitoring and a culture of speaking up if a person notices suspicious behaviour. Organisations need to have the structure to make this possible and easy. This should not be a choice, as it currently is.
There has to be more and better filtering at recruitment stage
“Moreover, if an organisation suspects someone of harming children in any way, they should be obliged to make the necessary reports. We have a collective obligation and responsibility to keep children safe in society as a whole,” she said.
On a positive note, several organisations have implemented their own internal safeguarding policy.
Hermitage said the foundation has also been lobbying for the removal of time barring in cases of child abuse.
“There is no fixed time to when a victim stops suffering from trauma caused by abuse. Speaking up can take time. But it is important. It can help the victim heal from trauma, help stop a perpetrator who is still around and bring about justice,” she said.
A study carried out by the University of Malta’s Faculty for Social Wellbeing last year showed that almost one in three people who experienced child abuse, and sought help, spoke up after at least a decade later. The study highlighted the need to remove time-barring in such cases.
The report showed that 73 per cent of 484 adult respondents who experienced some form of child abuse said they did not seek any help. Only 27 per cent of respondents answered ‘yes’ when asked if they had sought support. Of those who did, 30 per cent did so after 10 years.
As the law stands, crimes are time-barred for several years after the child turns 18. The
period varies between two and 20 years, depending on the severity of the case and the penalty associated with it.
Over the years there have been several pleas to remove time-barring in offences related to child sexual abuse. The Children’s Commissioner and the Maltese Association of Social Workers, along with the foundation, are among those who have made this appeal.
Apart from lobbying for legal changes, the foundation offers safeguarding education to organisations that work with children.
It also carries out regular awareness campaigns such as the recent Protect Me campaign to raise awareness among adults about safeguarding.
“We have to create a safeguarding culture that talks about the subject and takes timely action when required. It is not enough to have a policy in place and just tick the box,” Hermitage said.