Man acquitted of raping cousin

A 30-year old man of Kirkop, who allegedly raped his cousin, is acquitted of indecently assaulting the woman but handed a fine and a suspended sentence for offending public morals.

The case goes back to the early hours of 18 May 2008, when at around 2:45am, the barman of the Remissa Bar in Mqabba informed the police that a foreigner was claiming she had been raped. The victim told officers she had been raped by her cousin but did not know where he lived. While accepting to go to Mater Dei for a medical check-up, the alleged victim, who was under the influence of alcohol, refused to give her details to the police and became aggressive.

The accused told investigators he had known the woman for about a month and a half. That night they met at a Kirkop Club and the woman agreed to join him for a drive. Both were under the influence of alcohol.

Arriving at the Wied iz-Zurrieq parking area, the two engaged in sexual acts. Admitting to having had sex with the woman, the accused argued that it was consensual.

The accused’s version was corroborated by Dr Carmen Portelli, who reported that the alleged victim had no signs of violence on her body. Ggenital swabs confirmed that the accused had indeed had sexual intercourse with the woman.

The defence counsel argued that the accused had not been given the right to legal assistance during interrogation. However the Court ruled that at the time the accused was 23 years old and had three previous convictions and was hence acquainted with the interrogation system.

Magistrate Marseanne Farrugia ruled that the victim had given conflicting versions to the police about what transpired on the night. “First she claimed she had been raped, then she could not recall if they had sex, and was very uncooperative with investigators. Furthermore she was drunk and confused, even trying to commit suicide at hospital”, the Magistrate said.

The court concluded that the lack of signs of violence on the alleged victim, strengthens the accused’s claim that their sexual relationship had been consensual.

Magistrate Farrugia acquitted the man of raping his cousin but found him guilty of offending public morals. He was handed a month’s jail term suspended for four years and fined €500.

Inspector Carlos Cordina prosecuted.