A 30-year-old Qawra woman says she was initially prevented from filing a police report after a man allegedly tried to follow her home on Monday evening.

But days later, after expressing disbelief, the police reached out to her and investigations are now ongoing.

Margarita Puyal, who is from the Philippines and lives in Qawra, was walking back to her home at 8.30pm after visiting a shop, when a man started walking behind her and tried to get her attention.

Despite confronting him and asking him to stop, the man persisted in following her. Fearing for her safety, Puyal walked into a nearby convenience shop, where he continued to wait outside for her.

Asking for help from the shop staff, it was only after employees intervened that the man left, after which she hurried back home, Puyal told Times of Malta.

Determined to put a stop to it, the next day Puyal went to the Qawra police station to report the incident, only to be told that what happened was not a crime and that her story was not sufficient to file a report.

“When I walked out of that station, I felt the only thing I could do was go home and cry,” she said.

“What happened to me was harassment. A man was following me, loitering and waiting for me in the dark and watching me to the point that I was afraid. It’s even more upsetting not to be taken seriously. Was I meant to have been raped for the police to find this worthy of their time?”

Puyal claims the officers at the Qawra police station, two men and a woman, told her they could not assume wrongdoing and there was not sufficient evidence to file a report.

She said it was ridiculous if police procedure stipulated them to wait until after a crime had been committed to help people.

“If someone is skulking around your house, do you have to wait until they rob you before you can ask for help?” Puyal said.

“They asked me if he attacked me and when I explained that he didn’t, they did not accept my report. Don’t the police also have a duty to protect us when we have a reasonable suspicion we are in danger?”

But the police yesterday afternoon told Times of Malta that a report had been made since, and investigations are ongoing. Mayor Alfred Grima helped her to reach out to the police superintendent who apologised and assisted in filing a report.

Puyal said on Sunday: “I’m grateful that in four years of living in Malta I’ve met a lot kind and generous people who like to help and in this situation I found people who sympathised and encouraged me to continue to pursue it.

Just because harassment happens everywhere, we shouldn’t accept it

“I hope that this situation will shed light on these issues and that this sort of harassment will slow down.”

Since opening up about her experience on social media, Puyal said a number of her female friends had come forward to say they had experienced unwanted attention, harassment and even stalking while minding their business in public.

“Women shouldn’t be afraid to walk in the street by themselves,” she said.

“Just because harassment happens everywhere, every day, it doesn’t mean we should just accept it. Why should I have to wait until it happens to me again? Even if I am foreign, I have a right to speak up when I don’t feel safe.”

While stalking is a crime, the effects can leave its victims reeling psychologically, director of Victim Support Malta Jessica Calleja Millo told Times of Malta.

“Yes, stalking is a crime and it is harmful, if not physically then psychologically,” she said. 

“People who are being stalked are definitely justified in feeling unsafe, scared and anxious. Their feelings are valid, they are constantly scared of the ‘what if?’ factor. If something happens to you, you can process and move on, but the waiting and fear is at times worse and it’s very hard to move on due to the constant need for hypervigilance.”

What does the Criminal Code say?

According to Section 346 of the Criminal Code, which outlines the powers and duty of the police in respect of criminal offences, the public can provide information, by way of reports, of potential crime to the police, lawyer Stefano Filletti told Times of Malta.

The law says: “It is the duty of the police to preserve public order and peace, to prevent and to detect and investigate offences, to collect evidence, whether against or in favour of the person suspected of having committed that offence, and to bring the offenders, whether principals or accomplices, before the judicial authorities.”

The lawyer added: “If a private individual feels wronged, then they may give this information, if necessary by filing a report, at any police station. Whether what occurred is a criminal offence or not needs to be determined after a report is filed and, in some cases, after the report or complaint is investigated.”

He said private individuals are not expected at law to also provide hard evidence when filing a report, but only to furnish the facts surrounding a particular incident.  If evidence is readily available and known, it would beneficial and practical that this is pointed out immediately. 

However, there are cases where an individual filing a report would not have evidence readily available or is not in a position to produce this evidence – for example where it is held by third parties.  It is the police in such cases who could access this evidence, not private citizens.

“The police cannot investigate or prosecute something that is not a criminal offence. However, if the facts could constitute as a criminal offence, this should be investigated.”

To get in touch with Victim Support Group, call 2122 8333, send an e-mail to info@victimsupport.org.mt  or visit victimsupport.org.mt