The woman explained that she was backpacking in Malta with the intention to travel Europe when she met Balde through a couch-surfing app. The app is designed to link people who can offer an extra room to budget travellers.

The woman thought she would arrive at Balde’s residence to an empty single room. However, upon her nighttime arrival, she discovered that she would have to share a bed with the Senegalese man.

With no other accommodation options available at 10pm, the woman reluctantly accepted. That night, Balde allegedly made nonconsensual sexual advances which she unsuccessfully tried to ward off.

Messages between the two following the incident indicated that the woman was clear about her desire to not engage in sexual acts with Balde. In fact, the accused apologised, explaining that he was drunk at the time of the incident.

Lawyers Jason Azzopardi and Kris Busietta represented the defendant and pointed out that the defendant’s brother and another woman were also present in the property at the time of the alleged rape.

The lawyers asked the victim why she did not try to leave the room to which she replied that she was initially going to go to the brother’s room but changed her mind after concerns that he might interpret that as an invitation to sexual activity.

It was later clarified that the person described as a brother was not a blood relative but a fellow Senegalese national. This makes him a competent witness.

The accused and the alleged victim both admitted to drinking a bottle of beer each and consuming marijuana. During his interrogation, the accused went on to tell the police that he lacked memory of the incident due to intoxication.

Meanwhile, the prosecution expressed doubts as to how sexual intercourse could have been physically possible in that scenario.

Balde pleaded not guilty and his lawyers asked that he be granted bail.

Azzopardi argued that messages sent by the victim showing displeasure at what had happened were responded with claims by the defendant that they were both drunk. Balde allegedly apologised “if” he touched her without her consent, while Azzopardi claimed that the defendant did not know if he did.

The lawyer added that there were several days between the alleged rape and the police report.

Prosecutor Darlene Grima stated that the woman only sent one message to Balde who responded with a stream of messages.

Inspector Spiteri further added that the alleged victim informed the police that she wanted to move on after the enduring the alleged abuse, but the man’s constant messaging wasn’t allowing her too.

Bail was denied due to the nature of the accusation and to the fact that the woman had not yet testified.

The court also issued a protection order in favour of the victim.

AG lawyer Darlene Grima prosecuted together with Inspectors John Spiteri and Elisia Scicluna.

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