Most of us have probably heard of a recent local case regarding a woman allegedly raped by police sergeant following theft claim. Many were those, both men and women, who took to social media to voice their thoughts and judgements about this case. I must say that throughout the years I’ve watched silently as female victims of rape and sexual assault were further subjected to public slandering and accusations following their decision to report the act. It takes so much strength and courage for a woman to report abuse, yet instead of being supported in bringing a perpetrator to justice, she is victimised further by the public through unfair victim blaming. So rather than doing the same or sitting on the sidewalk, I felt the need to share some of my thoughts and observations about this particular case which I believe are crucial for a just sentence. With this article I also hope to debunk some myths concerning the subject of rape and sexual assault.
The Case – As Reported on Local Media
As reported on local media, in the early hours of 17th April 2021, a police sergeant arrived at the alleged victim’s home following a report she made about theft at her apartment, which apartment is known to the police as a ‘junkie house’ frequented by heavy drug users. Allegedly looking high on drugs, the sergeant walked in, commented on her looks and started fondling himself. At that point the woman asked him why he was not accompanied by forensic experts. He then allegedly grabbed her breast and told her he made pornographic films for money, which films were shared with a selected group of individuals.
Local media reports claimed that the woman proceeded to her bedroom, where she kept documents in reference to the stolen items. As she bent over to fetch something from a low drawer, she noticed the sergeant closing the bedroom door behind him. Having been sexually abused as a child and throughout most of her adult years, the woman realised what was coming next. And although she was not threatened, the woman performed oral sex on the sergeant “because she wanted it over and done with as quickly as possible”. That was when the sergeant started recording the sexual act on his phone. She eventually ended up on her bed even though she allegedly told the sergeant, who she later on described as ‘an animal’, that she had a sexually transmitted disease so as to try to make him stop. Addressing him as “Sir” she also mentioned to him that she had been abused many times, but noticed that the more she used the word ‘sir’, the more sexually aroused he became.
Reports confirmed that officers on duty that night testified that the sergeant concerned did not file a report in the police system about the said robbery, and had not returned to the police station but had gone straight back home following the visit to the woman’s apartment.
During her testimony, Superintendent Graziella Muscat Buhagiar gave the court an account of what investigators were told by the alleged victim, a heavy drug user, who was at the time struggling to communicate due to withdrawal symptoms. In her testimony she mentioned that the alleged victim “said she knows that once a man starts off, he will only stop when he is finished”.
Observations
The woman’s apartment was known to the police as a ‘junkie house’ frequented by heavy drug users…
This is a clear indication of vulnerability. Professionals such as the police should be trained to recognise vulnerability even if the individual concerned is not a known drug addict. Yet this was a known case. Common sense dictates that special caution should be taken especially if vulnerability is known or suspected. Which leads us to the claim that…
He was not accompanied by forensic experts and he was alone…
I thought police follow reports and cases in pairs, or am I mistaken? How come he was alone that night? And to make it worse…
He never filed the theft report in the police system following the alleged rape…
Why? Could it be that he didn’t want to leave ‘proof’ that he was responding to the woman’s theft claim that night? Or could it have to do with the fact that…
He looked high on drugs…
Aren’t police tested every now and then for drug use and other possible misconduct? After all, police have a responsibility towards the society that they should be protecting; a responsibility which needs to be maintained. This leads me to question…
Was there honestly no one who knew about his misconduct?
Honestly, with so much alleged misconduct by this sergeant, one must be blind not to notice or suspect that a coworker, friend or family member may be up to no good. If this proves to be true, I ask: is there no more honesty and integrity these days? Isn’t it common sense that by closing an eye to suspicion or evidence of misconduct, one would automatically become an accomplice in any upcoming or possible crime? How come nobody ever reported this sergeant before?
Now let’s turn our attention to the woman allegedly raped by the police sergeant. I was honestly shocked by the many negative and judgemental comments on social media with regards to the woman performing oral sex on the sergeant, claiming that that cannot be rape…
We need to debunk the idea that rape is just about a perpetrator pinning down a victim by force, or having a knife held to the throat. Many times rape and sexual assault happen in a much ‘subtle’ and different way than this, yet still leave a humiliating physical, emotional and mental wound on the victim. Rape is nowadays a matter of consent and the fact that he was a police sergeant and the woman a vulnerable person shows that she could not freely consent due to the power imbalance between them.
“Not all cases of sexual assault involve violence, cause physical injury or leave visible marks. Sexual assault can cause severe distress, emotional harm and injuries which can’t be seen – all of which can take a long time to recover from. This is why we use the term ‘assault’, and treat reports just as seriously as those of violent, physical attacks”.
Metropolitan Police
And since some may note that this is not a locally sourced quote, the following terms have been retrieved from health.gov.mt in an online document called ‘Care for Victims of Sexual Assault (CVSA)’:
What is Rape? To force someone to have sex when they are unwilling, using violence. threatening behaviour, power or coercion. Rape can also occur when the victim is unable to give consent.
What is Sexual Assault? To force someone into sexual activity when they are unwilling, using violence, threatening behaviour, power or coercion. Sexual assault does not necessarily include the act of sex and can also occur when the victim is unable to give consent.
What is Sexual Abuse? The act of having sex with a child, elderly person or someone who is mentally ill, against that person’s wishes or without that person’s consent.
What is Violent Indecent Assault? The act of touching (or the threat to touch) a person’s body in a sexual manner without consent by another person. For example it can include unwanted touching of a person’s breast, bottom or genitals.
What is Consent? Consent means permission for something to happen or agreement to do something. Someone is providing consent when they clearly express that they wish to participate in something.
It is very important that absence of the word ‘no’ does not mean ‘yes’. A person is unable to give consent if they are:
- asleep or unconscious
- significantly intoxicated or affected by drugs
- unable to understand what they are consenting to due to their age or intellectual capacity
- intimidated, coerced or threatened
- unlawfully detained or held against their will
- they submit due to the person being in a position of trust
I am not a lawyer, nor am I interested in being one, and I am definitely no professional in this field. Yet based on the many comments I’ve seen on the case, unfortunately I feel that as human beings we are still far back from understanding what rape, sexual assault and coercion truly are. Or maybe it is not convenient for many to understand it. The alleged victim has been sexually assaulted in the past. Again, vulnerability. She knows what abuse is, she knew what was going to happen, she knew his intentions because of the way he was behaving. For some victims, especially those that have been abused in the past and who have not yet healed from the trauma, saying no may not even seem to be a possible option, because they have been psychologically conditioned to accept that they are victims with no way out.
One last thought before indulging in the victim blaming mentality next time such cases are reported on social media…
You will never truly understand something unless it actually happens to you.
A recent survey conducted on Women for Women Facebook group shows that 96% of women in Malta are raped by someone they know, either a boyfriend, husband, friend or acquaintance. 93% of the women never reported the crime. Rape in Malta is defined as non-consensual vaginal, anal or oral penetration of a sexual nature from the body of another person with any bodily part or object.
References
Health.Gov.Mt (n.d.). Care for Victims of Sexual Assault (CVSA). Retrieved from https://deputyprimeminister.gov.mt/en/MDH/Pages/MDH-Sexual-Assault-Response-Team.aspx on 14th May 2021.
MaltaToday (2021). Police sergeant accused of rape ‘appeared to be on drugs’ court told. Retrieved from https://www.maltatoday.com.mt/news/court_and_police/109455/police_sergeant_accused_of_rape_appeared_to_be_on_drugs_court_told#.YJmiv6GxU2w on 14th May 2021
Metropolitan Police (n.d.). What is rape and sexual assault? Retrieved from https://www.met.police.uk/advice/advice-and-information/rsa/rape-and-sexual-assault/what-is-rape-and-sexual-assault/ on 14th May 2021
Claire Galea is a mum of three currently reading for a Degree in Nursing at the Faculty of Health Sciences, University of Malta, as a mature student. She is keen about holistic patient-centered care as well as public education about health-related subjects, which she frequently writes about on Wham as a Content Writer and Website Editor.
Claire is also passionate about spreading awareness on the negative effects that domestic abuse leaves on its victims’ mental, emotional, social and physical wellbeing. She is the author of two downloadable ebooks, namely Heal Your Life Forever and 5 Simple Steps To Creating The Life Of Your Dreams.
Click here to check out Claire’s full bio as well as a list of all her Wham published articles
