‘Silence is not consent’: Court orders AG to rethink rape case

In the heart of Valletta, the stately Court of Appeal building stands tall, a silent witness to the city’s history and the dramas unfolding within. Today, it’s the stage for a significant legal development that’s echoing through Malta’s streets and social media feeds.

Court’s Rebuke: ‘Silence is not consent’

The Court of Appeal has delivered a resounding verdict, ordering the Attorney General to reconsider a rape case. The case, involving a local man accused of raping a woman he met on a dating app, had been controversially dropped by the AG’s office. The victim’s silence, it was argued, cast doubt on her account.

The Court, however, had a different interpretation. In a powerful statement, Judge Antonio Mizzi declared, “Silence is not consent. The absence of a ‘no’ does not imply a ‘yes’.” The ruling has sparked a national conversation about consent, victim blaming, and the justice system’s role in supporting survivors.

Malta’s Consent Laws in the Spotlight

Malta’s Sexual Offences Act defines consent as “freely agreed upon, reversible, informed, enthusiastic, and ongoing”. Yet, the AG’s initial decision to drop the case raised questions about how this definition is applied in practice. The Court’s intervention has put Malta’s consent laws under the microscope, with many calling for clearer guidelines and better training for legal professionals.

Dr. Marie Claire Mifsud, a local psychologist specializing in trauma, weighs in, “We need to understand that consent is not just about saying ‘yes’, it’s about ongoing, enthusiastic agreement. Silence, fear, or coercion cannot be interpreted as consent.”

: Change and Support

The Court’s ruling is a step forward, but the road to justice is long and winding. The victim in this case, and many others like her, need our support. Malta’s Women’s Rights Foundation is calling for more resources for survivors, better training for legal professionals, and stronger laws to protect victims.

As we look ahead, let’s remember the words of Judge Mizzi, “Silence is not consent”. Let’s ensure our justice system reflects this truth, and let’s support those who dare to speak out.

If you or someone you know has been affected by sexual violence, please reach out to Malta’s Women’s Rights Foundation or Maltacares. You are not alone.