The Nadur rape case

When the term 'rape' is applied broadly to people who commit such crimes, it implies that these individuals are alike in most or all ways. In reality, rapists are a heterogeneous group. Multiple variations exist. A subtype of rapist preys exclusively on children and young people.

Rape cases that reach court are notoriously difficult for predictable reasons - victim is unforthcoming, lack of witnesses making it one person's word against the other, issues of consent, the parties being known to each other, alcohol, and other factors.

In the normal course of events, rape cases attract an inordinate amount of publicity reflecting public outrage and disquiet. Such cases present particular problems for everyone, and the media cannot be immune from their own feelings and prejudices.

Given the delicate and sensitive nature of the alleged rape of a 14-year-old girl from Nadur, The Sunday Times has shown great restraint, moderation and responsibility in its reporting. It has not succumbed to any sensational headlines that can create uncertainty, confusion and injustice upon those caught up in such a crisis. Above all, the reporting has scrupulously observed the non-identification of the alleged victim of rape.

The editorial of The Sunday Times (January 4, 2008) rightly castigates the police handling of the Nadur case, particularly with regard to the girl's family and other key witnesses not being interviewed by police over claims that attempts were made by lawyers and any other intermediary to see that this case does not reach the courts .

Responding to a story written in The Sunday Times in November, the police's curt reply was: "The case was investigated and did not result that there were any breaches of the law and thus no legal action can be taken". Such an evasive statement is not good enough.

No reference is made in their statement as to whether the alleged victim's family were interviewed by the police. The police failed to clearly and categorically state that no legal action would be taken against the lawyers. Moreover, as the editorial so aptly questioned: "On what grounds did the police establish whether or not what took place constituted breaches of the law"?

In my role as an officer of the court in the UK, specifically as a guardian ad litem and reporting officer, I came across a number of children and teenage victims of rape. I must confess I never came across such a weird case.

The Metropolitan police were cognisant of the fact that society cannot afford investigative interviewing to be deficient in any conceivable fashion. Exclusive investigative interviewing of key witnesses affects people's perceptions of the criminal justice system.

The guilty get away, the innocent are convicted, justice for children and vulnerable adults is inadequate. People will not come forward if they have no confidence in police investigations.

The authorities may potentially be breaching their professional duties in the absence of inclusive investigative interviewing of all key players in this local drama.

A possible route for the alleged victim could, for example, be to pursue a civil case for something akin to professional negligence and/or misconduct. The authorities then would be in breach of their professional obligations, which may be regulated by law and, to that extent, they would be wrong to say there were not any breaches of the law.

It is one thing for the police to investigate and interview all the key players but then decide that the evidence was not strong enough to proceed. But not to interview willing and credible/reliable witnesses is very strange. To a discerning reader of The Sunday Times, the case appears rather suspicious.

It is hoped that the alleged victim has not been subjected to either repeated interviews for evidential purposes. It is also hoped that she is having all the psychological treatment she deservedly needs.

If the courts are delaying this case, it is likely to be prejudicial to the alleged victim and this too constitutes institutional abuse. I am confident that Chief Justice Vincent DeGaetano is mindful of this. What I find concerning is the silence of the Commissioner for Children on this matter.