Abusi sulla figlia della compagna: “era solo uno scherzo”

Times of Malta file photo

A man who sexually abused his partner’s underage daughter, touching her intimately and later shrugging it off as a “joke”, was sentenced to almost four-and-a-half years in prison.

The case surfaced in April 2022 when a woman and her two young daughters turned up at the police depot to file a report about the mother’s abusive partner, a 42-year-old taxi driver.

Following the umpteenth abusive episode, the mother and daughters finally plucked up the courage to leave their home and, accompanied by the paternal grandfather, went to file a police report.

That day, the mother and one of the girls were in the kitchen when the family dog suddenly started barking, waking up the accused who angrily complained he could not sleep.

Then the man’s mobile phone rang.

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Soon after, he began to shout at his partner and her daughter who answered back. The man flung verbal insults at the girl, roping in her father in the tirade.

Just as she was about to exit the house, the man threatened, “if your dad dares come here, I’ll smash his face.”

The girl stepped outside to call her grandfather, while her mother and the accused continued to argue indoors.

Mother, daughters too scared to report earlier abuses

That was not the first time when the woman and her girls were insulted and threatened by her abusive and aggressive partner, the minor later told police.

But her mother was always scared of revenge, the girl claimed.

However, when the trio arrived at the depot, more serious allegations surfaced.

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One of the minors, then 15, recounted how she had been sexually abused by her mother’s partner.

The man would call her into the bedroom “to talk.” Then, as she sat on the bed he would approach and run his hand up her arm, touching her chest.

He would tell her that he loved her. This happened a couple of times, the girl claimed.

She once snapped a photo of his hand while he touched her. The girl showed that picture on her phone to the police.

A man’s hand, wearing a gold ring and a bracelet, was clearly visible, touching the girl’s chest while she sat with the dog on her lap. The photo was subsequently presented as evidence.

The girl explained she had long wanted to report, but she was scared until the last incident.

She also claimed that her mother’s partner twice entered the bathroom while she was there, once while she was showering.

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Her sister confirmed that the bathroom door had no key.

Partner spoke in vulgar manner and was aggressive

The girl’s mother, who claimed she only learnt about her daughter’s ordeal when the girl spoke out at the depot, said she had long been putting up with her partner’s abusive behaviour.

Whenever there was a row, he would threaten to smash her car or humiliate her at her workplace, often speaking in a vulgar manner and reacting aggressively.

That report led to police investigations and criminal charges against the man who was accused of non-consensual sexual acts with the minor, subjecting her to acts of physical intimacy, acts having sexual connotations as well as insulting and threatening his partner and her daughters.

He pleaded not guilty.

When delivering judgment the court declared that “without a shadow of  doubt” touching the girl’s chest and bottom was a non-consensual sexual act.

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After examining all evidence, the court concluded that the girl’s version was credible.

She was always consistent and gave a significant amount of details. The accused never contradicted that photo, nor her version but was rather evasive.

Agressor brushes off allegations

In his police statement, he denied there was anything ‘sexual’ about his actions, saying that if that were so, the girl would have slapped him on the face instead of allowing him to continue and laugh it off.

He told the interrogating officer that he did sometimes touch the minor’s breast “but not for that purpose [namely, sexually] .”

Confronted with the photo, he did not deny that that was his hand in the picture.

“But it was above her top not beneath,” he argued.

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The court observed that the accused admitted his actions but tried to make them seem like some kind of joke.

However, that was a “fallacious argument”, said Magistrate Claire Stafrace Zammit.

He knew very well that she was a minor, his partner’s daughter and that he was touching her intimately.

“Had he meant to joke, he could have done so through other licit and normal means,” remarked the court.

In the proceedings, the accused opted for his right to silence. His testimony might have helped the court to evaluate the situation in a more analytical manner, observed the magistrate.

When all was considered the court found the man guilty and condemned him to an effective jail term of four years and five months.

His name was also to be included in the Sex Offenders Register.

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Lawyer Mark Busuttil appeared parte civile.