Best Sexual Abuse Lawyers in St. Julian's
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Find a Lawyer in St. Julian'sAbout Sexual Abuse Law in St. Julian's, Malta
Sexual abuse covers a range of unwanted sexual behaviour including sexual assault, rape, sexual exploitation, grooming, sexual harassment and sexual offences involving children or vulnerable persons. In St. Julian's, as elsewhere in Malta, these matters are dealt with under Maltese criminal law and by public authorities such as the Malta Police Force, the public prosecutor and the courts. Victims can also pursue civil remedies such as compensation or protection orders, and public and private support services can help with medical care, counselling and practical assistance.
Key points to know immediately - the age of consent in Malta is 16. Allegations of sexual offences are taken seriously and may lead to criminal investigation and prosecution. There are also legal protections aimed at reducing re-traumatisation of victims when giving evidence, and support services intended to assist survivors through the process.
Why You May Need a Lawyer
If you have been sexually abused or assaulted, a lawyer can explain your rights, represent your interests in court and ensure you understand procedural steps. Lawyers can also advise on preserving and presenting evidence, and on the timing of criminal and civil reports.
If you are accused of a sexual offence, immediate legal representation is critical. Criminal allegations can lead to arrest, detention, prosecution and serious penalties. A lawyer will advise on police interviews, bail, defence strategy and possible outcomes.
For family matters involving sexual abuse of a child, a lawyer experienced in family and criminal law will help with protective orders, custody and access disputes, and close coordination with child protection authorities and the courts.
Other reasons to seek a lawyer include pursuing civil claims for damages against an abuser, obtaining injunctions or protection orders, resolving employment or immigration consequences that arise from allegations, and applying for legal aid if you cannot afford private representation.
Local Laws Overview
Maltese criminal law criminalises a wide range of sexual offences. The legislation addresses non-consensual sexual acts, rape, sexual assault, sexual exploitation and child sexual offences. The law recognises certain situations where consent cannot be given - for example when a person is under the age of consent, unconscious, incapacitated through alcohol or drugs, or otherwise unable to freely agree.
Offences against children and vulnerable persons attract special protections and often carry heavier penalties. There are separate provisions for grooming, online sexual offences and the manufacture, possession or distribution of sexual images involving minors.
Police investigations in sexual abuse cases commonly include medical and forensic examinations, witness statements, digital evidence review and, where appropriate, measures to protect complainants during investigation and trial. Courts can order interim protection measures - such as restraining orders - and may permit vulnerable witnesses to give evidence using special arrangements to reduce distress.
Victims have rights during criminal proceedings, including the right to be informed about the progress of a case, the right to victim support services and the right to request measures to protect privacy. Legal aid may be available for eligible persons in both criminal defence and certain civil matters, subject to means and merit tests. Civil remedies - such as claims for compensation or injunctions - are separate from criminal proceedings and have their own procedures and time limits.
Frequently Asked Questions
What exactly counts as sexual abuse under Maltese law?
Sexual abuse includes any non-consensual sexual activity or behaviour of a sexual nature imposed on someone without their free and informed agreement. It also includes sexual offences against children or vulnerable people, grooming, indecent exposure and sexual exploitation. The specific legal elements differ by offence, so a lawyer can help determine which offence may apply in a particular situation.
How is consent defined and why does it matter?
Consent must be given freely, knowingly and voluntarily. If a person is coerced, threatened, unconscious, intoxicated or otherwise unable to give informed consent, sexual contact may be unlawful. Consent is central to distinguishing lawful sexual activity from criminal behaviour.
What is the age of consent in Malta?
The legal age of consent in Malta is 16. Sexual activity with a person under that age may be a criminal offence, even if the young person appears to agree. Special rules apply for relationships close in age and for offences involving exploitation or abuse of trust.
What should I do immediately after an assault?
First, get to a safe place. If you are in immediate danger call emergency services - 112. Seek medical attention as soon as possible - medical staff can treat injuries, test for pregnancy and sexually transmitted infections, and perform forensic examinations if you choose to preserve evidence. Preserve clothing and avoid showering if you intend to collect forensic evidence. Consider contacting the police or an advocacy service for support in making a report.
Will I have to face the alleged perpetrator in court?
Court procedures vary. In many cases, protections exist to reduce direct contact between the complainant and the accused. Courts can order special measures such as screens, video testimony, separate waiting areas or giving evidence via video link to protect vulnerable witnesses. Your lawyer and victim support workers can explain options and help request measures that reduce distress.
How long does a sexual abuse case take?
There is no fixed timeline. Criminal investigations and prosecutions can take months or longer depending on the complexity of evidence, availability of witnesses and court scheduling. Civil claims also vary in length. It is important to get legal advice early so you understand likely timelines and interim protections that may be available.
Can I report an incident anonymously?
Rules about anonymous reporting vary. You can often make an initial inquiry or report through support services without providing full identifying details, but formal criminal investigations generally require disclosure of certain information so police can investigate. A lawyer or victim support worker can advise on reporting options and confidentiality protections.
What evidence is most important in a sexual abuse case?
Contemporary evidence can be crucial - medical and forensic reports, photographs of injuries, torn clothing or DNA evidence, text messages, emails, social media communications, CCTV footage and witness statements. Keeping a contemporaneous record of events, preserving physical evidence and saving electronic communications may help. Consult a lawyer about how to collect and preserve evidence safely and legally.
Can I seek compensation from the abuser?
Yes. A civil claim for damages can be brought against an abuser to seek financial compensation for physical injury, psychological harm, loss of earnings and other losses. Civil claims are separate from criminal prosecutions and have specific procedural rules and time limits. A lawyer can advise on the prospects of a civil claim and the likely remedies.
What if I cannot afford a lawyer?
Legal aid may be available in Malta for criminal defence and for certain civil matters, depending on your financial situation and the merits of the case. Public legal services and victim support organisations can also assist with referrals, and some NGOs provide free or low-cost legal advice. Ask about legal aid as early as possible so that applications can be made within required timeframes.
Additional Resources
If you or someone else is in immediate danger call emergency services - 112. For non-emergency reports, contact the local police station in St. Julian's or the nearest hospital emergency department for medical care. The Office of the Attorney General or the criminal prosecution service handles prosecutions, and the courts hear both criminal and civil matters.
Social services and child protection authorities respond where children or vulnerable adults are at risk. Health services provide medical care and forensic examinations. The national legal aid authority can advise on eligibility for state-funded legal representation.
There are also non-governmental organisations and community groups that provide crisis counselling, advocacy and support for survivors - these can include rape crisis services, sexual assault referral centres, mental health charities and specialised family services. If you are an international visitor or foreign national, your embassy or consular office can advise on consular assistance and local procedures.
Next Steps
1. Prioritise safety - if you are in immediate danger call 112. Move to a safe location and seek help from someone you trust.
2. Seek medical attention - obtain medical care as soon as possible. Medical staff can treat injuries, provide prophylaxis and collect forensic evidence if you agree.
3. Consider your reporting options - you can report to the police, or seek confidential advice first from a support service or lawyer. Reporting starts the criminal process and can also trigger protective measures.
4. Preserve evidence - keep clothing, messages, photographs and any other material evidence. Do not wash or alter items you think may be important for an investigation.
5. Get legal advice - consult a lawyer experienced in sexual abuse matters to understand criminal and civil options, protection orders, confidentiality and possible compensation. Ask about legal aid if you cannot afford private representation.
6. Use support services - counselling and victim support services can help you manage medical, psychological and practical needs during and after reporting.
7. Keep records - maintain a secure record of events, contacts, appointments and any communications relevant to the incident.
8. Consider protection measures - discuss with police or a lawyer whether an interim protection order, restraining order or other court measure is appropriate.
9. Plan for the process - legal cases can take time. Build a support plan with trusted people and professionals to help you through investigations and any court proceedings.
10. Know your rights - you have the right to be treated with dignity, to access support, to be informed about the progress of a case and to seek legal assistance.
Note - this guide is for informational purposes and does not substitute for personalised legal advice. Laws and procedures change, and different facts affect legal options. For tailored advice contact a qualified Maltese lawyer with experience in sexual abuse and criminal or family law.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.