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

Imagine standing in the bustling Republic Street, Malta’s main thoroughfare, and hearing the words “silence is not consent” echoing through the historic city centre. This wasn’t a protest chant, but a powerful legal statement that has our justice system.

From Silence to Action

the Court of Appeal has ordered the Attorney General to reconsider a rape case, challenging the initial decision not to proceed with the prosecution. The victim’s courageous stand, supported by a dedicated legal team, has brought a crucial issue to the forefront: the misconception that silence implies consent.

The case involves a woman who alleges she was raped in 2018. Despite providing a detailed statement to the police, the case was dropped due to ‘insufficient evidence’. The victim’s lawyer, Dr. Marthese Portelli, argued that the AG’s office had erred in its interpretation of the law, particularly regarding consent.

Silence is Not Consent: The Legal Shift

Malta’s Sexual Offences Act states that consent is only valid if it is ‘freely given, specific, informed, and unambiguous’. The Court of Appeal agreed with the victim’s legal team that silence, in certain circumstances, does not equate to consent. This ruling could set a precedent, encouraging victims to come forward and challenging the misconception that silence implies agreement.

Dr. Portelli welcomed the decision, stating, “Today’s ruling sends a clear message: silence is not consent. We hope this encourages more victims to report sexual offences, knowing that their silence will not be misinterpreted.”

: Change and Support

The AG’s office has been directed to reconsider the case and decide afresh whether there is a prima facie case to answer. This process will provide an opportunity to reassess the initial interpretation of the law and the evidence presented.

Beyond this case, the ruling highlights the need for ongoing education and awareness about consent. Organisations like ‘Shelter Malta’ and ‘Konthra’ are at the forefront of this, providing support and advocating for change. Their work, along with today’s legal victory, underscores Malta’s commitment to evolving its approach to sexual offences.

, let’s remember the words echoing through Republic Street. Let’s ensure that silence is never mistaken for consent. Let’s stand with victims, support them, and fight for justice.