Charges dropped against man accused of sexual assault following alleged victim’s request

A 25-year-old Filipino man who had been accused of sexually assaulting his ex-partner and mother of his children, has been released from custody after the charges against him were dropped at the alleged victim’s request.

During his arraignment on 2 August, the man had pleaded not guilty to charges of rape, holding the woman against her will, committing a non-consensual act of a sexual nature, causing her to fear violence and subjecting her to sexually degrading acts, as well as attacking and slightly injuring her.

The court had been told that the defendant had been in a five-year relationship with the alleged victim, and had fathered her two infant children.

It was explained in court that he was charged after the woman reported him to the police, alleging that he had raped her on one occasion, after ignoring her refusal and had touched her inappropriately in another instance.

But when the case continued on Tuesday, the woman declared that she wanted to stay the proceedings indefinitely. Called to the stand by presiding magistrate Abigail Critien, the woman confirmed under oath that she did not want the court to proceed further with the case - a right conferred on her by the law.

The court, noting the fact that the woman had now twice confirmed her wish to stop the proceedings, upheld the request and abstained from taking further cognisance of the case.

Lawyers Jose Herrera, Alex Scerri Herrera and Martina Herrera were defence counsel.