Issue link: https://maltatoday.uberflip.com/i/1313317
11 maltatoday | SUNDAY • 29 NOVEMBER 2020 NEWS in 2017, only 53 ended with a guilty verdict – just 11%. It is a low conviction rate that suggests that violence against women takes place with impu- nity. "A low conviction rate could be a result of various issues, including a lack of sufficient evidence brought to the court for it to be in a position to find guilt beyond a reasonable doubt. The general attitude to- wards violence against women and domestic violence is all too often viewed as not being a grave offence. However, again: putting all courts in the same basket would be unjust to say that low conviction rates imply impunity," Dimitrijevic said. Throughout the years, Dimi- trijevic has seen a change in at- titude, punishment and sensi- tivity in the way cases are dealt with. "But of course, constant professional development is required in any area, let alone a legal system." GREVIO's report says that even the dynamic of the legal system in Malta can allow per- petrators to use it to continue to control their victims. "Mon- ey, money, money," Dimitrije- vic chimes in. "Unfortunately, within the dynamics of inti- mate partner abuse, more of- ten than not the perpetrator is always in an advantageous po- sition to file applications, pay for lawyers and use the legal system to take advantage and control their victims. This does not only happen in Malta, but there is ample research to show that it takes place in any legal system." Dimitrijevic referenced an ex- ample in the UK, where a sit- uation had gone so far as hav- ing perpetrators representing themselves, putting them in a situation where they can exam- ine their victims. Even the physical layout of the court requires room for improvement, the lawyer says. Victims and perpetrators can be left to wait outside the courtroom for their case to be called. "On a more positive note, the court is more open to having testimonies done via video-conferencing to ensure that the victim is free to tes- tify without fear, ensuring the avoidance of re-victimisation," Dimitrijevic said. Women burdened with leav- ing the household GREVIO experts are con- cerned by the fact that more often than not, the burden of leaving the household falls on victims of domestic violence and their children. "Unfortu- nately, this is still the case. We still do not have a fast-track system where victims can re- quest for removal orders or emergency barring orders," Dimitrijevic said. She highlighted that if a per- son is not married and does not have children in common, the victim cannot even have recourse to the family court, nor can they go to the criminal court since the law does not cater for such person in such situations. "Within a family context, before the setting up of the Domestic Violence Unit, the arrest did not always take place even if the victim and children were at high risk; and many reported to us that they would be told that for safety it is best they moved out and go into a shelter. This is never ac- ceptable," Dimitrijevic said. Dimitrijevic said this not re- verses the State's obligation to protect victims, but the very system meant to prevent vi- olence and protect victims was putting further burden on them. "Being forced out of one's home becomes another form of punishment for vic- tims. Not to mention that this is explicitly against the rights of the victims," she said. Dimitrijevic said Malta has to move on from pitting one against the other, to truly invest in qualified and trained profes- sionals to assist the courts to get to the truth. "It is always frustrating to hear police or judiciary say that the person is lying because it is faced with a different version. Let's face it: every individual would experi- ence the same situation differ- ently," Dimitrijevic said. "It is high time that we in- troduce victim impact assess- ments before passing judg- ment. The voice of the victim ought to, and needs to be heard loud and clear," she said. Insensitive courts: out of the 480 cases prosecuted in 2017, only 53 ended with a guilty verdict – just 11% "Unfortunately, within the dynamics of intimate partner abuse, more often than not the perpetrator is always in an advantageous position to file applications, pay for lawyers and use the legal system to take advantage and control their victims"