Abuse Victim Calls for End to Time-barred Sex Crimes

By Kim Dalli
Times of Malta
May 18, 2016

http://www.timesofmalta.com/articles/view/20160518/local/abuse-victim-calls-for-end-to-time-barred-sex-crimes.612413

A victim of child sexual abuse is calling for the statute of limitations and the prescription period on such cases to be lifted. Photo: Chris Sant Fournier

A child abuse victim is calling for sex crimes against minors not to be time-barred and for the prescription period to come into effect, at minimum, when the abused party turns 18.

Christina, 21, opened up to this newspaper in an effort to get policymakers to rethink the statute of limitations for the sexual abuse of minors.

As the law stands, the defilement of minors is time-barred after five years, meaning no criminal action can be taken if the case is reported more than five years after it took place. The rape of minors is time-barred after 15 years.

For cases of participation in sexual activity with a minor, as opposed to forced sexual activity – for example, intercourse for which the minor gave his or her ‘consent’ – the 10-year prescription period is suspended until the victim turns 18.

Ready to go by her first name but still hesitant to show her face and full identity due to the psychological trauma she has suffered, Christina explains that, as a child, she could not quite understand what was being done to her, although she instinctively felt it was “wrong”.

“I was eight years old the first time it happened. My neighbour had just bought a puppy and I went downstairs to give it treats. The man touched my private part and told me not to tell anyone about it.”

The abuse happened twice more: when the couple took a young Christina swimming and, the last time, when she was nearing 13 years of age.

“They used to take me to the beach every weekend at the time. While helping me swim, he would take the opportunity to grope me underwater. My mind blocked the incidents out. They only came back to me through therapy and frequent nightmares.”

People like me deserve justice. It is not safe for other children, because the abuse could possibly repeat itself with others

The effects of the abuse became acute when Christina turned 13. Her mother had fallen ill, further plunging her into depression and causing her to self-harm. She first opened up to her school’s guidance teacher, who helped her with coping strategies but did not advise her to file a police report.

“I suffered from gall bladder problems between the ages of 16 and 18. But visits to gynaecologists were extremely traumatic. I would ask for a female gynaecologist, but if a male was on duty, I would have no choice.

“Many times they were understanding, but others were not so much. Some would keep asking me why the examination bothered me so much when I had had a sexual relationship.”

After her counsellor went abroad, Christina started to visit a psychiatrist, whom she credits with helping her come to terms with what happened. At the age of 15, she informed her parents of the abuse.

“My mum burst into tears, while my dad swore he would kill him. We still live in the same block, but we make sure to never run into him.

“Once he passed me by as I was going indoors. He tried to greet me, but that was when I decided to confront him. I turned to him and told him: ‘Don’t you think I have ever forgotten what you did to me’. He lowered his head and flew upstairs.”

At the age of 17, she decided to go to the police. The officer on duty told her his superior was not present and asked her to return another day.

He advised her to consider her decision very carefully, stressing that there were a lot of expenses involved in taking someone to court.

Unfortunately, Christina did not feel she was in a mental state to press forward with the charges at the time.

“People like me deserve justice. Moreover, it is not safe for other children, because the abuse could possibly repeat itself with others.

“We must also create an environment where children have a certain degree of awareness. Probably, had I spoken up before, I would not have suffered the extent of the psychological trauma I did.

“I hope this interview will encourage more victims of sex abuse to come forward in an effort to update the present law, which does no justice to victims.”

Contact: kim.dalli@timesofmalta.com