As is the case in some other countries, crimes in Malta are subject to time-barring, which means that no action can be taken against a person if the alleged crime took place outside of a prescription period.

This period varies according to the severity of the crime, ranging from three months for contraventions and verbal insults to 20 years for severe crimes.

The sexual abuse of a child is punishable by a maximum of eight year’s imprisonment, meaning that it is time-barred for a maximum of 10 years from the last incident of abuse.

This can go up to 15 years if the crime involved aggravating factors, such as if the abuse was continuous, carried out by a family member, or if the child was younger than 12.

If a 10-year-old child is molested, then he only has until he is at most 25 to come forward and if he were 7, then he would only have until he is at most 22.

The age limits imposed in Malta seem all the more puzzling when taking into account that most Maltese people leave home well into their 20s and could very well still be living with their aggressor during the prescription period.

Worryingly, even if the person is considered guilty of the crime, but escapes through time-barring, they are not even placed on the sex offenders’ registry.

Prescription periods, in some instances, can be justified, evidence can be lost, and memories may be cloudy.

However, to expect a survivor of child abuse to come forward at such a relatively tender age is asking a lot, particularly in a Maltese society where abuse often takes place within tight-knit communities or amongst relatives.

“How was I meant to talk anyone about it when my own family were the abusers,” one person explained.

“I told my family about what happened, and all I was met with was a push to keep the issue silent,” said another.

One victim who never reported her accuser explained how she still hasn’t told some of the most important people in her life, like her fiancé, father, and close friends.

“No one knew. I told absolutely no one. Not a friend, not a family member, not a teacher. I just wanted it out my brain. I’m in my mid-twenties, and I still can’t picture myself telling some people, let alone going up to the court to make sure he sees justice.”

“How the hell was I meant to get over all of this by the time I reached my early twenties?”

In an age where the #MeToo movement uncovered decades-worth of sexual abuse and victims who took even longer to summon up the courage to face down their abusers, how does it make any sense to reduce justice to a race against the clock?

It’s not like the government has not recognised problems with time-barring child sex abuse cases, having amended the prescription period for civil cases to kick off once the person turns 18.

Some other countries who previously utilised time-barring have removed it in these cases. The UK has no statutes of limitation for paedophilia, and neither do Canada, Ireland, New Zealand and Australia.

It’s how entertainer Rolf Harris, and former TV presenters Stuart Hall and Fred Talbot, were able to face justice after years of abuse.

The Netherlands and Poland have scrapped time-barring, while in Germany a 20-year limit is imposed once the person turns 30.

Prime Minister Joseph Muscat hailed his initiative to remove time-barring on all acts of political corruption, noting that certain crimes cannot be held to equal standing.

If we’re making good progress and holding politicians to such high standards, as they should be, then why are paedophiles allowed to get away with it?

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