Shortcomings of the Maltese legal system vis-à-vis cases of femicide in the past five years

Abstract

This dissertation focuses on shortcomings of the Maltese legal system vis-à-vis femicide cases over the past five years. Before identifying such shortcomings, the author furnishes a literature review on the existing literature concerning femicide. Such review explores, inter alia, the definition of femicide, the different types of femicide and gender equality and its relation to femicide. It also investigates the nexus between status disparities and estrangement with femicide. Following this, the author analyses the protective measures offered by the Gender-based Violence and Domestic Violence Act. Other protective measures under Maltese law, including protection orders and ex officio proceedings, are also analysed. In analysing femicide cases that occurred over the past five years, the author focuses on shortcomings of the Maltese legal system that arise from each case. Such shortcomings regard the legal reasoning of the judges, what led to the crime per se, and how the law should have protected the victim so that femicide would not have occurred. Lastly, a comparison between the Maltese and English legal systems is also provided. Such comparison shows, inter alia, that neither of them defines femicide and that both have a Commissioner to regulate Domestic Violence measures to prevent femicide. Notwithstanding this, it is shown that the English legal system utilises measures that could enrich the Maltese legal system. Such measures include the Domestic Violence Disclosure Scheme and the elimination of cross-examination between perpetrators and victims in the Family Court.