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MW 7 January 2015

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maltatoday, WEDNESDAY, 7 JANUARY 2015 6 WHEN news of Hibernians foot- ball club's interest in acquiring Welsh footballer Ched Evans swept the internet, controversy raged as to whether the 23-year-old – convicted for raping a teenager – should be allowed to play football in Malta. The matter was soon settled when the British Ministry for Jus- tice declared that Evans, due to his conviction, could not play over- seas. But just like in the UK, the dis- cussion continued on whether a convicted rapist should be allowed to return to his 'normal life' as part of his rehabilitation or whether he should be barred for life from tak- ing part in spectator sports where he is treated like a 'star'. A petition against signing Evans to Oldham Athletic attracted a signature per second; the former Sheffield United striker walked out of prison after serving half of his five-year prison term and con- tinues to protest his innocence. On Monday, both the Malta Con- federation for Women's Organisa- tions (MCWO) and Men against Violence expressed their disa- greement with Hibs's interest in Evans, arguing that signing Evans would have been tantamount to an acceptance of rape: "Women in Malta rightly expect the solidar- ity of all Maltese males to publicly demonstrate their abhorrence to all forms of violence against wom- en at both the institutional and the individual level." But those defending Evans's right to return to his professional foot- ball career argue that it would also be a form of rehabilitation which would also serve as a good exam- ple to others. "Evans has served his sentence and he now wants to return to his job. Are we handing him a life sen- tence or do we truly believe in the rehabilitation of offenders? I would have been very pleased if Hibs were to sign Evans on because we would truly be practising what we preach," George Busuttil, direc- tor of prisoners' NGO Mid-Dlam ghad-Dawl, told MaltaToday. Conceding that Evans's convic- tion for rape was grievous and should in no way be treated frivo- lously, Busuttil said the footballer was not a serial rapist and it was society's duty "to help him find his feet" instead of prohibiting him from doing the one thing he knows how to do. "We could have used him as a 'role model'... an example of a person who has paid for one's crime and moved forward. How can we talk about rehabilitation if we are the first to stop them from rejoining society?" Busuttil also criticised Malta's use of a police conduct, which he said served only to eliminate a prisoner's chances of being employed: "The moment they are asked for their conduct is the moment they realise they will never find a job." He went on to argue that the Evans case on its own was sending a message to all prisoners that there would be no life for them beyond the prison walls. "A person who has been punished and served his term can't be condemned for life. It's a mark which they will carry forever but what sort of rehabilitation are we giving them? It's all about strik- ing a balance," he said, adding that it would have been a "different" mat- ter if it were a convicted paedophile seeking a job with children. Lawyer Lara Dimitrijevic and founder of Women Rights Foun- dation however argued that Evans never showed remorse over what happened: "On the contrary, he mocked the truth and played the victim." Explaining that rape is a very heinous crime and horrific act of violence against women, she said rapists should be convicted and re- habilitated. Rehabilitation, she said, does not mean that conviction is not possi- ble, but that it was meant to ensure that the offender does not repeat the crime and fully understands the repercussions and consequences of his actions. "Nor does rehabilitation mean that the offender has been forgiven for his acts. Ched Evans was found guilty, served time and is now placed under parole, thus he has to fol- low orders of his probation officer. Breach of probation orders would mean that the offender would be News Ched Evans: when values collide CONVICTED criminals who serve their time should be allowed to start their life again with a clean slate, but society should show zero tolerance towards rape culture and misogyny. In the Ched Evans case these two values collide. But I doubt whether any of these values were considered in the crude attempt made by a Maltese club to "capitalise" on the fact that other clubs would not hire Evans. I have to admit that what appears for some to be a black-and-white issue, is for me a very complicated case where different values I cherish collide. Sure enough, I am a firm believer that people who have served their time should start again with a clean slate. Any sex offenders' register should be limited to cases involving paedophiles, kept under wraps and only used to prevent their employment where they can come in direct contact with chil- dren. Extending its use to other cases would result in a slippery slope. Fundamentally I am what Italians call a "garantista" – someone who puts the rights of persons before the demands for vindictive justice. That is why I oppose capital punishment and also life imprisonment. The fact that Evans is still profess- ing his innocence should not be used against him as a sign that he is not showing remorse, as this falls squarely within his legal rights. At the same time I recoil at the fact that a website professing Evans's innocence was post- ing on the whereabouts of the victim. For there is another aspect to this case which one cannot overlook, which strengthens the case against hiring Evan to play football again: foot- ball is a spectator sport played in front of a cheering crowd, mostly composed of young males with high testosterone levels. In such a scenario Evans could either end up being lynched by the crowd for being a vile unrepentant rapist, or cheered by a misogynist male brotherhood sub-culture, which is unfortunately strong in sports. Football is not just about playing well. It is a celebrity sport where the game is intertwined with the per- sonal life of the stars in the field. I might not agree with the idea that footballers should be treated like role models, but football as transformed by modern capitalism is part and parcel of celebrity culture. Sexism is ingrained in a football culture where celebrity footballers are routinely paired with bomb- shell models in a veritable circus where dumb minds meet perfect bodies. To this I say bring on more real footballers like Socrates and Eric Cantona who defined themselves as soccer intellectuals rather than celebrities. The argument to keep Evans out of the game is not about denying him a second chance in his life but is about excluding him from the world of football star- dom to avoid putting him in the spotlight as villain or hero in a society where he is consumed not just as a footballer but also as a celebrity. Still, there is a strong counter argument to this, namely that excluding Evans for life from football simply sends the crowds a strong political message that criminals should be excluded for life even after serving their time. This is also a strong political message, which perpetuates a fundamental prejudice in society against those who have erred and served their time. I recall watching a documentary of sex offenders in the US living under a bridge, rendered homeless by the sheer fact that they are excluded from any sort of employment. It was depressing. Moreover, should we expect footballers to be the clean representatives of consumer society in the mould of the monogamous marketing brand called David Beckham or should we accept that football can be roller coaster sports which brought shame and glory to great stars like Diego Maradona (who took recreational drugs) and Poalo Rossi (who was found guilty of corruption before winning the world cup in 1982)? Surely Beckham sells more products than any player whose image is tarnished by criminal convictions. One may argue that rape is a different sort of crime, one which was tolerated for centuries because of male domination. The risk of having crowds cheering Evans for being a rapist is explosive in view of this historical reality. It is a risk which cannot be ignored. While I tend to agree with this argument, creating a hierarchy of crimes is always a messy business. For should we ban only rapists or anyone found guilty of any crime? If not all crimes, which ones are tanta- mount to merit a lifelong ban from sports? What is sure is that since he is not allowed to play abroad, the future of Ched Evans depends on decisions taken by football clubs in the UK and the way they respond to the contradictory pressures of British civil society, which is already grappling with pre-historic views on women expressed by the ascendant UKIP. Probably Evans will stop playing football because society is bent on sending a very strong (and justi- fied) message against sexual violence, rendered more urgent by cases of abusive celebrities like Jimmy Saville. Moreover celebrities who earn more than fair share of the cake in monetary terms are now being increas- ingly expected to refrain from socially unacceptable behaviour. They are paying a small price for the astronomical sums of money they earn. That small price includes not engaging in any activity which may be perceived as sexually abusive. What is sure is that the Maltese club's interest in Evans does not seem to have been motivated by any of these moral considerations. I was particularly perturbed by Darmanin De- majo's declaration that "unlike the British, Malta can capitalise on the positive aspect arising from this situation and afford him an opportunity to reform and reignite his career". But should we be so surprised? We cherish our role as a pariah nation, which exploits loopholes to at- tract tax avoiders, tuna ranchers, gambling compa- nies and fat cats in search of a European passport. All this, and not just hiring Evans, define us as a nation. Still, hiring a rapist may be (understandably) a step too far even for a society which is so tolerant of other dubious practices. values collide James Debono Miriam Dalli Between rehabilitation presents us with "We could have used him as a 'role model'... an example of a person who has paid for one's crime and moved forward. How can we talk about rehabilitation if we are the first to stop them from rejoining society?"

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