Harsh punishments to eliminate domestic violence

A new Government Bill launched for public consultation by Civil Liberties Minister, Helena Dalli, is proposing that prison sentences and punishment for perpetrators of domestic violence and rape be increased dramatically.

Maximum sentencing for rapists could more than double to 20 years, while sexual activities with minors would increase to 15 years, with the sentence increasing according to the aggravation of the case. The charge of abduction would more than treble to 10 years. 

The proposed changes to the Criminal Code form part of a wider set of legislative changes on domestic and gender-based violence. 

Addressing the launch, Commission Against Domestic Violence chairperson Joe Gerada said: “This is not an issue which must be dealt with by just one ministry but goes across different domains. The elimination of domestic violence is everybody’s business.”

Civil Liberties Minister, Helena Dalli, standing alongside Gerada at the launch, said she had long been pushing for changes to ensure that Malta’s legislative process reflects the full spirit of the Istanbul Convention on preventing and combating violence against women.

“Despite it being considered a private matter, domestic violence affects society as a whole and a strong law is required to overcome it. Society has repeatedly ignored the patriarchal problems within it, restricting the full emancipation of women. This proposal challenges this [patriarchal] system and invites a truly equal society where everyone finds safety and acceptance,” she said.

Dalli said that encouraging women to join the labour market and at the same time expressing concern over the low infertility rate, meant that government as a whole needs to be on board to give every woman the necessary support to meet these targets. 

It has long been argued that many women remain trapped in a vicious circle of violence due to a lack of financial support and instability. Mothers who are victims of domestic violence find it hard to move away from an abusive husband or partner for fear that they might not be able to care for their children independently. 

The aim of the legislative proposals is to address this issue and many others. For example, the proposals include an interim measure that leads to the perpetrator leaving the home, not the victim. Whereas the current situation is that the majority of victims are removed from the house and placed into a shelter. 

“It is time to consider providing shelters for the perpetrators, whilst allowing the victim and the children to remain home,” Dalli said, adding that the perpetrators also needed help to address the issues that make them resort to violence.

“While a fair and just sentence is obviously necessary, perpetrators must be given the necessary treatment and help for them to understand why violence is never the solution.”

Proposed changes to the Domestic Violence Act will also introduce ‘State due diligence’ which would allow victims to seek redress if the state fails to take reasonable steps in protecting them. 

Rape will also be redefined, changing the current definition, which in the eyes of the law is limited only to penile penetration.

A ground-breaking survey by the European Union’s Fundamental Rights Agency (FRS) found that one in seven Maltese women have experienced physical or sexual violence since the age of 15. 

Malta ratified the Istanbul Convention in 2014, becoming law a few months later, but Maltese legislation still needed to be updated to bring it in line with the policies of the Convention.

The aim of the Bill is to: 

• Strengthen Commission on Domestic Violence to cover all gender-based violence, as well as domestic violence;
• Amend definitions, such as ‘domestic violence’ and ‘victim’, to reflect the Istanbul Convention;
• Revise punishments for rape, abduction, trafficking, prostitution with violence, defilement of minors, threats and harassment;
• Amend terminology for sexual offences to better reflect realities of the offences;
• Introduce emergency protection orders for Police to evict perpetrator from residence;
• Remove defence of the honour of the family, custom and religion for homicide;
• Amend provisions to ensure sexual history and conduct of witnesses does not affect their credibility
• Police can institute proceedings without complaint of injured party on rape and abduction;
• No mediation in cases with a history of domestic violence;
• Amend provisions on care and custody of children in cases of domestic violence.