Victim-shaming by the highest justice institutions is a slap in the face of rape survivors who are already hesitant to file a police report about the abuse, an organisation supporting victims of crime is warning.

Victim Support Malta director Karl Grech

In 2022, 54 per cent of clients who experienced sexual assault did not file a report about the abuse as they felt the system was not on their side, Karl Grech, Victim Support Malta (VSM) director, told Times of Malta.

“There are many others who do not even come to us. The recent proceedings of alleged rape at the Msida police station and the ensuing judgment just reaffirmed the belief that victims are not taken seriously.”

Earlier this month, a police constable was found not guilty of raping a female colleague at the Msida police station but was condemned for harassing another female colleague, who was 19 years old at the time it occurred.

The court had harsh words for the officers at the station, even likening it to a “brothel”. However, Judge Consuelo Scerri Herrera said she did not find the alleged victim’s version of events credible and there were no witnesses.

The judge also said that normally, rape victims would try to do everything to avoid their aggressor but in this case the woman changed her shift to be at Msida, sat in front of him at a meal, and did not file for transfer after the alleged attack.

The National Commission for the Promotion of Equality expressed concern that the alleged victim’s sexual conduct and personality were highlighted in the case. Questions about past or present sexual behaviour in rape cases only serve to humiliate the alleged victim and dismiss their version of events without shedding any new light on the details of the case, the commission warned.

The Malta Women’s Lobby, A4E, Graffitti, Malta Girl Guides, Mediating Women Balancing the Media, Women for Women Foundation and Women’s Rights Foundation said they were shocked at the manner in which an alleged rape victim had been discredited and punished, after she had the courage to come forward and report her aggressor.

Grech said that while victim-shaming was not a new phenomenon, it had culminated in this landmark case.

“The court’s comments on what constitutes ‘normal’ behaviour of a rape victim were especially hurtful. There is no normal way for a victim to behave when they are sexually abused.”

There is no ‘normal’ way for a victim to behave when they are sexually abused- Victim Support Malta director Karl Grech

Consultant psychiatrist Anthony Zahra

Consultant psychiatrist Anthony Zahra noted that while some victims fought back, others froze, while some tried to manage the situation by becoming compliant and appeasing the abuser. Still, some victims dealt with sexual abuse through increased promiscuity, seeing it as a way of controlling their own destiny.

“There is no one single ‘normal’ way of reacting to sexual abuse, and we need to move on from the notion of the ‘ideal victim’ behaving and dealing with the situation and the aftermath in a socially sanctioned manner,” Zahra said.

The justice system, he said, needs to understand that the trauma may also influence how the alleged victim deals with examination and cross-examination in court, and needs to provide safe structures where the whole narrative may emerge, in the best interests of justice.

“The job of the defence is to discredit allegations, including through cross-examination of the victim. Cross-examination could re-traumatise the victim – not only because they must recount, and mentally relive, the trauma that they are trying to get closure of – but also because it perpetuates a victim’s internal dialogue: was it my fault? Did I do enough? Should I have behaved differently? Maybe I wanted it after all?”

And ultimately, a victim who can put up a coherent and credible testimony will be treated better than someone who is hesitant, has memory loss and cannot explain certain details – something that is very typical of people suffering post-traumatic-stress disorder, Zahra said.

What can be done?

VSM is therefore suggesting that victims are asked to testify through a more supportive structure: rather than just asking them to take the witness stand and recount the alleged abuse, the court should first try to understand how the alleged victim’s narrative could be impacted by the trauma itself.

“When courts ask us professionals to testify about alleged victims who are our clients, we can only testify about the current mental state of the person. We don’t have first-hand experience of the sexual assault,” Zahra explained.

“Court should therefore consult with independent experts on whether the alleged victim’s mental state as a result of the trauma will impact the way they will testify. This would help the court understand whether the victim needs to testify in a particular setting or, for example, opt for a less ‘hostile’ cross examination.”

Grech also called for increased sensitivity from the judicial system, questioning year-long delays in reaching a verdict, discouraging abuse victims from lodging a report in the first place so as to avoid ‘dragging’ trauma over a number of years.

If you have been impacted by sexual assault, reach out to Victim Support Malta on 2122 8333 or info@victimsupport.org.mt