Guidance

Malta: information for victims of rape and sexual assault

Updated 17 August 2022

If you’ve been sexually assaulted it’s important to remember that it was not your fault. Rape and sexual assault is always wrong – no matter who commits it or where it happens. It is traumatic and it can affect you both physically and emotionally. Do not be afraid to get help.

This information is provided to help British nationals overseas make informed decisions about whether and how to:

• seek medical advice and attention
• report to local police
• engage with foreign legal authorities following a rape or other form of sexual assault overseas.

For information on support available in the UK, see Rape and Sexual Assault: Returning to the UK (https://www.gov.uk/government/publications/rape-and-sexual-assault-abroad-returning-to-the-uk).

First steps

It is your choice about what you do next, but this information may help you in coming to a decision. The most important thing is to make sure that you are as safe as you can be. You can:

• contact the international emergency number on 112
• contact your tour operator if you are travelling with one
• contact the British High Commission, Tel: 00356 2323 0000. Embassy staff will be empathetic, and non-judgmental, and can provide information on local police and medical procedures. Anything you tell them will be treated in the strictest confidence. They can contact your family or friends for you if you wish.

If you want to report the incident to the police in Malta

If you have a tour operator, they should be able to arrange for someone to support you. If you are in an area where there is a British embassy or consulate, they will try to send a consular officer to support you, where timing and location allow. You will always be able to speak to trained consular staff on the telephone 24/7.

If you approach the police directly, you can also ask them to inform the nearest British embassy or consulate on 00356 2323 0000 and they can offer you consular support.

If you choose to report the crime, try to do so as soon as possible, so forensic evidence can be retained.

Washing yourself or your clothes may make it difficult for the police to obtain forensic evidence. If you change your clothes, think about taking those you were wearing to the police. You may wish to preserve evidence by retaining items such as condoms, toothbrushes, or texts.

You should:

• tell the police if you think you have been drugged
• insist you get a police report, and request a translation in English if applicable

You do not run any risks when reporting a rape or sexual assault if you have been drinking alcohol or taking drugs.

You’ll be given the option to speak to a male or female officer.

You will be asked to describe the events and provide details of any witnesses to the crime or persons you spoke to after the assault. If you report this immediately after the event you will be asked for the clothes you were wearing, your mobile phone (as it could contain evidence relevant to the investigation) as well as other items which the perpetrator may have touched. If the event reported is historical, the police will just interview you and will ask for a detailed description of what had happened.

You may be taken to the scene of the crime to confirm the location and so the police may identify and retrieve any CCTV that is available.

You may be asked to identify the perpetrator if you do not know their identity.

The investigating officer is also the prosecutor. If an arrest is made they will have 48hours to conclude their investigations and bring the suspect to court.

If you wish to contact the police, consular staff may be able to accompany you. You will be asked to show formal identification, such as your passport. The document will be returned to you as soon as the police have established your identity. Once you have provided a testimony, you will be able to leave the country whilst the investigation continues.

If you do not want to report the incident to the police in Malta

The British High Commission will be able to help you. This includes helping you to contact your insurance company, your family, making arrangements to travel back to the UK and/or provide you with information on local support in the UK.

They can provide you with lists of English-speaking medical facilities and lawyers.

If you are travelling with one, you can also report the incident to your tour operator and ask them for assistance. If you wish, the tour operator may accompany you to the local hospital. If you wish, and depending on location and timing, a member of consular staff may be able to accompany you.

It is your choice on whether to report the crime. If you don’t report it, your case may not be investigated. While you are not obliged to report the crime in Malta for it to be investigated, you should be aware that important evidence or witnesses may be lost or make it harder for the police to make enquiries. If you do decide not to report the crime to the police, you will still be able to get medical attention

If you want to report the incident to the police in the UK

The support available to you, and your access to justice may vary according to where you report the crime. In many countries, you need to report the crime before you leave the country, if you want it to be investigated and police to obtain important evidence.

If you are staying in the country where the crime took place, you should report the crime in that country. If you are a British national and you need help to report the crime, you can contact the nearest British Embassy, High Commission or Consulate, or the Foreign, Commonwealth & Development Office in London.

If you do not report the crime in the country where it happened and you return to the UK, you can still report the matter to your local UK police.

The UK police should send the information you provide to the country where the crime happened. However, it is for foreign police forces to decide whether to investigate a crime in their jurisdiction and they may not take action. You can report the crime to the UK police even if you are not seeking an investigation abroad. The UK police can offer you access to victim support in the UK. They may still send some details of the crime to police in the country where it happened. This might be necessary in order to protect vulnerable people, or to stop more crimes being committed.

Reporting the crime in Malta: next steps

If you choose to report the crime, try to do so as soon as possible, so forensic evidence can be retained. Washing yourself or your clothes may make it difficult for the police to obtain forensic evidence.

If you change your clothes, think about taking those you were wearing to the police. You may wish to preserve evidence by retaining items such as condoms, toothbrushes, or texts and social media messages.

When reporting the incident to the police, you will be asked questions to help them conduct their investigations. This could include making a statement about the incident and giving a description of the perpetrator(s).

Evidence such as the clothes and underwear you were wearing and other items that the offender has touched may be retained. It will help the police to gather evidence and build a criminal case. Electronic equipment such as mobile phones and tablets may also be taken to secure data that might serve as evidence in the investigations and in a court case. You may need to apply to the court to have any devices returned to you.

With your consent, the police will take you to a hospital for a medical and forensic examination.

The Maltese police will not normally inform the UK police about the assault, and they will not usually undertake police checks on you as the victim

In Malta, some reports of rape or sexual assault have to be made within a certain time, depending on the severity of the crime and the age of the victim. Limits range from 5 to 10 years after the incident.

You should appoint a lawyer to ensure that you are kept informed about the case. See our list of English speaking lawyers.

The medical examination: what to expect

Initial treatment will take place at either Mater Dei Hospital in Malta or Gozo General Hospital in Gozo.

If you are an adult, you will be given the choice of whether to report their circumstances to the police.

When you report the incident to the police, a forensic expert is appointed by the court and a medical examination will take place to collect evidence. The expert will produce a report for the magistrate investigating the incident.

If you are a minor, doctors are obliged to report the incident to the police.

A forensic examination will include:

• a full general examination
• possible photos of injuries
• an internal pelvic examination
• taking internal and other swabs for DNA evidence

Whether the incident is reported to the police or not, you will always be offered:

• a pelvic examination to check for injuries, performed by a specialist
• emergency contraception, where applicable
• HIV PEP
• immediate/early review at genitourinary clinic to screen for sexually transmitted infections
• free counselling services through Victim Support Malta are available, as is free legal support

The forensic expert could be male or female depending on availability and the expert appointed by the court.

• the gynaecologist on call for female victims could be male or female
• male victims are initially managed at Accident and Emergency (A+E) and if necessary, surgical doctors on call are involved
• the attending police officer is often female but this is not guaranteed
• the crisis worker who is called in from CVSA (Care for Victims of Sexual Assault) department of Victim Support Malta is always female

Tour operators sometimes offer to accompany their guests to the hospital or police station. If you contact the High Commission we will try to ensure a consular officer can accompany you to the hospital or police station.

Treatment

The gynaecologist or genitourinary specialist can give advice about HIV PEP (‘Post-exposure prophylaxis’, a treatment that can prevent HIV infection). PEP is medically prescribed by either the gynaecology department A+E department and baseline blood tests are taken prior to administering. Further follow-up after initiation of treatment will happen at the genitourinary clinic consultation.

HIV PEP medication needs to be taken within 72 hours of the incident for it to be effective. The NHS may be able to commence or continue the 28 day treatment on return to the UK.

Free emergency contraception can be given without the need for a medical referral and after the initial review at the gynaecology department.

Emergency contraception needs to be taken within 72 hours of the incident for it to be effective.

All hospital treatment and tests are free

If you have had medication administered overseas, you should keep the label or make a note of the name of the medication, so that you let your local health provider know when you return home.

Police investigations in Malta: what to expect

Sexual assault and rape are classed as a crime against the person under Maltese criminal law. It may take months or years before a case comes to trial. Whilst the trials may be completed relatively quickly, the period of investigation prior to trial is led by the court and may take a number of months or years. The defendant has an automatic right of appeal.

We strongly recommend you appoint a lawyer. Your lawyer will be your main point of contact with the court particularly if you do not reside in Malta.

Your lawyer will represent you in Malta so that you are not required to be present at every court session. You may be required to appear in court for the first hearing. You may be taken to the scene of the crime, or asked to try to identify the person.

If the police make an arrest, they take the suspect before the magistrate. This can happen within a few days of the arrest. If the suspect has gone abroad, it may take some time for the police to make the initial arrest. A date will then be set for the first hearing and the beginning of the investigation period. You may be asked to make a statement in front of the court.

Victims can leave the country, once the case has been filed. However, you should seek advice from your lawyer and/or the investigating officer to ensure you understand when or if you will be needed again.

Court procedures: what to expect

Court cases in Malta can be lengthy. They involve an initial investigation period before a relatively quick trial. Hearings are normally held every six weeks in which the Magistrate hears evidence and determines whether there are sufficient grounds to go to trial.

Engaging a lawyer will help you to remain aware of the cases progress if you return to your home country. In Malta, victims of sexual assault are entitled to free legal services including support throughout any subsequent court proceedings.

If you do not want to make a police report you are entitled to access legal services in order to determine your rights.

You can drop charges once they are filed and after proceedings start with the courts. However, the court has discretion to decide to continue the proceedings against the perpetrator, giving particular consideration to the best interest of the complainant, any minors involved, and any other relevant third parties.

If you want to drop the charges, you won’t face charges for this reason alone.

An alleged assailant can always press charges for false accusations. However, it would need to be proven (beyond a reasonable doubt) that the alleged victim accused the alleged assailant when he/she knew such person to be innocent.

In some cases, the court may order the offender to pay compensation to the victim. This may be the result of either a criminal or civil court action.

Maltese and European citizens are entitled to claim compensation for the criminal injuries they have sustained so long as such injuries were subject to criminal proceedings or reported to the police without delay.

Trial

You need to file a criminal complaint with the Executive Police against the perpetrator. This may be filed in English or Maltese and must be done in person.

If you are over 18 years old, you have:

• 10 years to report an incident of sexual assault
• 5 years to report an incident of sexual harassment

Trial procedures

When the trial is expected to start the victim will be informed by the Attorney General’s office. This takes place after the closure of the compilation of evidence in front of the Magistrates Court.

If the victim wishes proceedings to be conducted in English, they must make the request at the initial Inquiry hearing.

There are no specific court sittings you have to attend. You can attend every sitting or none at all, unless specifically requested to attend by the court. Victims may request to testify from outside Malta, however this is at the discretion of the presiding Judge or Magistrate.

Investigations in Malta normally begin with a Magisterial Inquiry where the investigation is directed by the Magistrate. Evidence is brought before the court at hearings held every 6 weeks. When all evidence has been accumulated, the magistrate will then determine if there is sufficient evidence to go to trial. The inquiry process can take anything from several months to several years to conclude.

Once the Inquiry is concluded trials are usually concluded within a few hearings. Once the trail is concluded, it may take several weeks or months for a sentence to be delivered.

Defendants are entitled to one appeal only.

Hiring a lawyer

Although not necessary, a private lawyer can make additional representation in court and regular updates on proceedings. This is especially helpful where proceedings have already commenced in Maltese or the victim cannot attend court hearings regularly. Find a lawyer who specialises in rape or sexual assault using: - Chamber of Advocates - list of lawyers in Malta

Communication

Normally, you are notified of significant steps in proceedings by the advocate working with the Attorney General’s office and taking care of your case. Your own legal representative will also be able to update you at each stage of the case.

You are not required to be resident in Malta for proceedings to progress. Your lawyer can be the main contact point with the Attorney General’s office and the Police.

If you do not want to appoint a lawyer, you will have to contact the advocate responsible for the case with the Attorney General’s office to keep updated with proceedings.

Legal aid

You are eligible for Legal Aid Malta. You can contact the Legal Aid Malta office.

Legal Aid can be provided for both civil and criminal cases. In civil cases, legal aid covers expenses related to all court registry and lawyer fees until the case procedures has been exhausted.

Legal Aid ​Malta does not cover expenses related to Court expert reports.

During court procedures, no legal aid lawyer can claim payment for services. In Criminal Cases, legal aid covers all the expenses related to all court registry fees, lawyer and experts’ fees until judgment. The judge may order the client to pay all related fees of the case.

Sentencing

Sentencing is determined by statue and may involve a custodial sentence, fines or both.

Compensation

If you have suffered criminal injuries as a result of a crime you may be lawfully entitled to compensation from the offender and from the Criminal Injuries Compensation Scheme.

When you return home to the UK

You may want to let your GP or a Sexual Assault Referral Centre (SARC) know what has happened to you so that you can talk about the experience and seek further support and advice where you live.

If you believe you may be at risk of having contracted a sexually transmitted infection (STI), you should ask your local health provider to test you. You should do this even if you have been tested in the country that the assault took place in.

England	NHS Choices website, or search the internet for ‘NHS SARC’
Scotland	Archway SARC
Wales	New Pathways SARC: phone 01685 379 310. Ynys Saff Sexual Assault Referral Centre - Cardiff and Vale University Health Board
Northern Ireland	Rowan SARC Northern Ireland: phone 0800 389 4424

Support organisations in Malta

It is your choice to let people know. If you are ready to talk about it the following organisation may be able to help you:

[Victim Support Malta](https://victimsupport.org.mt)
49, Conception Street, Msida,
Malta
Telephone: +356 21228333

info@victimsupport.org.mt

sart@victimsupport.org.mt

Victim Support Malta on Facebook

This organisation can offer:

• support to all victims of crime
• emotional support services including counselling when possible
• legal counselling (one free legal consultation)
• practical support including court accompaniment
• sexual assault response team
• support to victims of sexual assault
• psychological services
• legal representation
• practical support
• follow up with medical and police services

Disclaimer

This information is provided by the British Government for the convenience of enquirers, but neither His Majesty´s Government nor any official of the Consulate accept liability for any loss or damage which you might suffer as a result of relying on the information supplied. This information is not intended to be a substitute for professional medical or legal advice.

Medical information has been provided by The Havens Sexual Assault Referral Centres of Kings College Hospital NHS Foundation Trust and The Rowan SARC NI and was accurate at the time of production.