Understanding the prescriptive period of sexual offences on minors

Abstract

Sexual offences committed on minors produce various adverse effects on such victims which will affect them throughout their whole life. Disclosure of sexual offences may be difficult for child victims since they may not be aware that what has actually happened is a sexual offence. Moreover they may feel embarrassed, afraid that they will not be believed or of the consequences of disclosure especially if they were threatened. The prescriptive period prevents the prosecution of a case after a certain period of time, established by the law, has elapsed. The Maltese Criminal Code provides the prescriptive period of criminal offences committed in Malta which depends on the punishment attached to the particular offence. Sexual offences, including those committed against minors, all have a prescriptive period. On the other hand, in the United Kingdom there is no statute of limitations for prosecuting sexual offences, be it the victim is a person of age or a minor. The focus of this study will be to understand the importance, or otherwise, of having a prescriptive period for sexual offences on minors in relation to both the victim and the accused. Special regard will be had to the effects which sexual abuse has on minor victims, the right of the accused to have a fair trial and to how the passage of time may affect such right. Moreover, the presumption that everyone is innocent until proven guilty is to be kept in mind and will be referred to. The scope of this study is to find a balance between the rights of minor victims of sexual offences and of the accused.