Man acquitted of raping 17-year-old girl inside fertiliser tank

A 49-year-old man has been acquitted of raping a 17-year-old cleaner inside a fertiliser tank at his field in Attard seven years ago, after the court ruled that the girl’s testimony was “inconsistent” and that the accused’s version of events was more credible.

Paul Vassallo, 49, of Kalkara, was also cleared of corruption of the minor, of holding her against her will, and of violent indecent assault.

In her decision, Magistrate Audrey Demicoli ruled that the girl’s testimony was inconclusive and that the accused – who during court proceedings was adamant that he never engaged in full sexual intercourse – was more credible.

The case goes back to September 24, 2007, when the alleged victim – a 17-year-old cleaner – had claimed that Vassallo had raped her inside a fertiliser tank at his field in Attard.

The court heard that by the age of 16, the young woman had already been involved in sexual relationships with her boyfriends, and that she had been raped when she was just 13 years old.

Taking the witness stand, the victim told Magistrate Audrey Demicoli that on the day, the accused picked her up from her house and they then drove to Vassallo’s field in Attard, where she had been asked to clean a fertiliser tank against payment.

She said that upon arriving, the two drank some of Vassallo’s homemade wine and after drinking two glasses she felt unwell. After lying down for a while, the victim explained that Vassallo tried to kiss her on the lips but she resisted.

Once she recovered, Vassallo and the young woman made their way to the tank and she changed from jeans into a pair of his boxer shorts because she was not dressed appropriately for the job.

Moreover, the victim said at one point Vassallo jumped into the tank wearing only his boxer shorts and he groped her before pulling down her shorts. The young woman said that the accused asked her to have sex but she refused.

Nevertheless, the victim told the court that Vassallo then forced himself onto her and they had sex for a few moments. Subsequently, after they had sex, the accused got out of the tank naked.

She then washed his boxer shorts, ironed them, and then smoked a cigarette. The victim said that the accused asked her to have sex again, but she refused before continuing to wash the tank. Moreover, they got into Vassallo’s car and for the third time, the accused asked her to have sex with him and his advances were again rebuffed by the victim.

Once in the car, the victim is said to have told Vassallo that she was only 17 years old and that he replied that she could send him to prison. Nevertheless, the girl said that Vassallo told her that he wants to have sex another time.

While admitting to groping the young woman, Vassallo denied having sex with the victim, claiming he was not able to. Vassallo also said that he had asked her to have sex but she refused, but nevertheless they performed other sexual activities and she did not rebuff his advances.

Moreover, Vassallo said he was not aware that the girl was 17 years old. He also said that it was she who seduced him and that when he picked her up she was wearing clothes that she normally wear for Paceville.

He said that once at the field, the girl told him of her past sexual encounters before she stripped off, put on a pair of boxers and got into the tank. Once in the tank, the accused admitted to have approached the girl and to having groped her.

Nevertheless, Vassallo insisted that they did not have sex but instead were involved in other sexual activities.

In its ruling, the court argued that the girl’s testimony was not consistent and credible. Moreover, the court noted that after the alleged rape took place, the girl nevertheless continued cleaning the tank and smoked a cigarette with the accused, before getting into his car and driving her home.

Conversely, the court argued, the accused’s testimony was always consistent and that when everything was taken into account, the accused should be cleared of the charges because the prosecution failed to prove the charges beyond reasonable doubt.

In 2012, Vassallo was found guilty of the charges and jailed for four years but a court of appeal had ordered that the sentence be annulled due to a procedural error and that the compilation of evidence restarts.

Police Inspectors Raymond Aquilina and Arthur Mercieca prosecuted, while Lawyers Gianella de Marco and Stephen Tonna Lowell were defence counsel.