The Malta Independent 9 December 2017, Saturday

PD makes proposals to amend civil code to provide more legal safeguards for rape victims

Saturday, 9 December 2017, 10:14 Last update: about 53 minutes ago

PD has made proposals to amend the civil code to provide more legal safeguards for rape victims.

The party condemned all forms of violence and said that violence between couples takes various forms including physical, financial and emotional.

The PD took note of various services offered by Agenzija Appogg, as well as the marriage preparation counselling for couples through the Cana movement. The PD hopes that through the implementation of the laws against gender based and domestic violence, the remedies offered would be more tangible.

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The PD noted that the Domestic Violence Act being discussed in Parliament focusses on rape from a criminal aspect, but falls short of looking at the victim and children from social aspects.

As such, the Partit Demokratiku is proposing to amend the Civil Code to, among other things, give more legal safeguards to rape victims (mothers) which includes incest and inter-marital rape.

 They are also proposing the enhancement of the rights of children conceived in rape. "More than other children they need to be protected, as their life is distinct from the way they were conceived."

 They also want to ascertain that rapists are severely penalized. "Rape is not only a sexual abuse but also a power abuse, the basis of which is a sexist culture where men are always at the helm."

The proposed sub-clause would read that "From the moment the child was conceived as a result of rape, the perpetrator would lose parental authority, custody and any contact with the child if termination of the parent-child relationship would be in the best interest of the child. This does not in any way entail the elimination of the responsibility of the perpetrator to provide maintenance to the child and of the right of the child to be the eventual heir, except where the mother (when the child is a minor) or the child (when s/he comes of majority age) object to these rights."


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