Criminal Code (Cap. 9)
Criminal Code (Cap. 9), article 197
197. (1) Any ascendant by consanguinity or affinity who, by
the use of violence or by threats, compels, or, by deceit, indu ces
any descendant under age to prostitution, shall, on conviction, be
liable to imprisonment for a term from six to twelve years.
Prostituting of
spouse under
age or of minor
by husband or
wife or tutor.
(2) The same punishment shall be applied to anyone of the
spouses or tutor who, by the use of violence or by threats, com pels,
or, by deceit, induces to prost itution his or her spouse under age or
the minor under his or her tutorship.
Prostituting of
descendant or
spouse of age,
by ascendant or
husband or wife.
(3) If the ascendant or any one of the spouses, by the use of
violence or by threats, compels, or, by deceit, induces the
descendant or his or her spouse, of age, to prostitution, he or she
shall, on conviction, be liable to imprisonment of a term from three
to six years.
(4) The punishment prescribed for the crimes referred to in the
96 CAP. 9.] CRIMINAL CODE
preceding sub-articles shall be i ncreased by one to two degrees in the
cases referred to in artic le 202, as applicable.
Consequences of
conviction.
(5) A conviction under this article shall entail the forfeiture of
every authority and right granted to the offender over the pers on or
property of the spouse or of the descendant to whose prejudice the
offence shall have been committed , and, in the case of the tuto r, his
removal from the tutorship and his perpetual disability from
holding the office of tutor:
Provided that where the rights of the offender over the
person to whose prejudice the offence has been committed consis ts
of rights of parental authority the forfeiture provided for in this
sub-article shall not apply autom atically but may be imposed by the
court after it has considered a ll the circumstances of the case and in
imposing such forfeiture the court may also impose conditions:
Provided further that in the cases referred to in the above
proviso the court may, upon the application of the offender, an d
only after appointing any expert that it may deem fit to appoin t,
remove or vary the conditions of the forfeiture, after being sa tisfied
that a material change in circum stances justifies such revocati on or
variation of conditions.
Sub-title II
Amended by:
XI.1900.24.
Substituted by:
XXXVII.2016.5.
OF SEXUAL OFFENCES
Rape.
Amended by:
XI.1900.26;
XLIX.1981.4.
Substituted by:
XIII.2018.24.
Amended by:
LXIV .2021.5.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.