'Rape' in the mid 19th century Malta : historico-legal aspects in 1844-1864, before and after the promulgation of the Criminal Code 1854

Abstract

This study aims to focus on the differences and effects that were brought about through the introduction of the Criminal Code, specifically on the offence of rape. Before the implementation of the Criminal Code in 1854 in Malta, the Municipal Laws of De Rohan were the primary rules that were enforced by the law courts. After a thorough study of the original sources of the Gran Corte Criminale records archived at the National Archives of Malta it was established that in a twenty year period spanning from 1844 to 1864, the implementation of the Criminal Code did have an affect on the offence of rape since such offence seemed to evolve and encapture various aspects which were not found under the Municipal Laws of De Rohan. Also, the punishments found under these two distinct Codes of law were distinct from one another. In fact, the sanction found under the Municipal Laws of De Rohan was that of twenty-five scudi, while the punishment found in the Criminal Code of 1854 was that of hard labour from five to nine years, with or without solitary confinement.