Updated 10.35am with former commissioner's comment

The domestic violence commissioner has welcomed the suggestion to set up a register that provides women or men with information about their partner’s history of abuse.

She, however, cautioned that having a register would not solve all issues surrounding domestic violence and one had to ensure it did not lead to a false sense of security since not all perpetrators were convicted.

Another concern was that listing the name of an abuser could shed light on the identity of the victim.

“I am in favour of all initiatives that can help save lives and ensure people live free from fear,” said Audrey Friggieri, the Commissioner for Gender Based and Domestic Violence.

“So, yes, I agree with setting up a register that includes the names of individuals with a track record of abuse and domestic violence… I believe that since domestic violence can kill and severely damage families in the long term such an initiative can further strengthen the safety net provided by the state to address the scourge of domestic violence.”

Joe Gerada, a former Commissioner against Domestic Violence said he supported the position taken by the current commissioner as well as Dimitrijevic.

"The register will not solve the problem but is another important step to protect women from intimate partner violence. Agreeably, no complex problem such as domestic violence is solved by one measure but having the courage to introduce measures, such as the register of perpetrators certainly is a step in the right direction," he said.

Last week, MP Rosianne Cutajar echoed one of the pledges listed in the Labour Party 2022 electoral manifesto when she said that Malta should consider a system that would allow the police to disclose information to women or men about their partner’s previous history of abuse.

Such a facility is already available in the UK – the Domestic Violence Disclosure Scheme, better known as Clare’s Law.

The law is named after Clare Wood. She was murdered by a former partner, who the police knew to be dangerous, in 2009.

Clare’s Law enables the police to disclose information to a victim or potential victim of domestic abuse about their partner or ex-partner’s previous abusive or violent offending. 

Speaking in parliament, Cutajar referred to a Times of Malta story in which a woman described how she was kicked, punched and held captive for several hours, yet saw her aggressor walk away without any effective consequences after he admitted to the charges. 

The woman also revealed how a friend had once warned her to be careful but she did not know what she meant before it was too late.

A good idea, with caveats

Friggieri said that, while the register was welcome, one had to be aware of a false sense of security it might lead to.

“Another point to be considered would be that the need for a registry is partly premised on the assumption that, if victims knew about a partner’s history, they would leave,” she said.

“It is a known fact that leaving an abusive relationship can be dangerous and should be done thoughtfully and with robust safety plans in place, which the victimised individual may not be equipped to do. Moreover, the posting of an offender’s name could put the victim in more danger if the offender blames the victim.”

Lara Dimitrijevic, director of the Women’s Rights Foundation, said: “The register is needed and I don’t see why it shouldn’t be introduced in Malta.”

According to statistics tabled in parliament, there were 1,151 cases of domestic violence reported to the police between January and the end of August last year.

Former justice minister Edward Zammit Lewis had revealed that between 2017 and 2020 some 989 cases of domestic violence were reported.

However, only 42 cases resulted in a guilty verdict, with the majority (around 802 cases) listed as having been “exhausted”.

A case can be exhausted for various reasons, including victims who refuse to testify against their alleged abuser or those who withdraw their initial criminal complaint.