“Sexual predator” sent down for eight years – used to film partner in secret and continue raping her whilst she cried

48-year-old David Nicholas Xuereb of Floriana has been jailed for eight years after being found guilty of raping a woman who had wanted to end their relationship.

It emerged in a sentence covering more than 50 pages that Xuereb could never accept that the woman wanted to end their secret relationship. At this point, he started threatening her with messages, phone calls, and countless emails, to the effect that unless she returned, he would disclose everything to her partner.

The Police started investigating the case in September 2017. This after the victim’s sister reported at Valletta Police Station that she had received on Facebook video footage of her sister engaged in sexual activity with Xuereb.

the videos were shot in secret by Xuereb before every sexual activity with the victim at his office in Valletta.

The victim testified that initially, intimate relations between them were consensual. When she wanted to terminate the relationship, however, Xuereb became obsessive and started threatening and blackmailing her.

She added that she was afraid of her partner, and did everything possible to conceal her relationship with Xuereb, with the latter using this fear to force her to have sex with him.

“She appears to be crying and David continues having sex when she cries” – Inspector Buhagiar

Inspectors Jeffrey Scicluna and Sharona Buhagiar testified that the victim had also filed a report about revenge porn. They added that when they viewed the videos, they concluded there was an element of rape.

They further testified the videos clearly show the woman was not comfortable, so much so that at certain points she would start crying, and she would tell him before every sexual activity that she did not want to have sex with him.

Inspector Buhagiar testified that as the victim did not know she was being filmed, in one of the videos accused is seen setting the camera before she arrives at his office. During this same video she is heard to tell him she wants to stop, she is not enjoying herself, and does not want to do these things.

“She is seen to be crying and David is undressing her and having sex with her, and she cries… I saw and heard all this,” the Inspector stated, with the Court also confirming this when it viewed the footage.

“I can be the world’s most savage man” – David Nicholas Xuereb

She also presented several threatening messages he had sent her. He told her in one of them that if he wanted to, he could ruin her, and he could be the most savage man in the world.

In an erudite sentence, Magistrate Donatella Frendo Dimech notes the threats and hold Xuereb has on the victim.

Referring to Xuereb’s declaration that the videos had been shot with the woman’s consent, the Magistrate stated this could possibly be the worst lie she had ever come across. This because he himself had provided the evidence that not only contradicts his declaration, but also proves the loathsome activities perpetrated against the victim.

The Court described the woman’s face in the videos like that of a passive woman, resigned to being used and forced to satisfy the loathsome instinct of Xuereb. “Not even the best actors from the world of films are able to come up with similar performances,” the Court stated.

Litany of messages that show the woman was being threatened and blackmailed

A litany of messages was presented in Court to show how much the woman was upset but continued to meet Xuereb because of his threats and blackmail.

In deciding on the sentence, the Court took into consideration the accused’s criminal record, which it said showed he was not worried about making his property that which was not, as evidenced by various sentences in his regard concerning theft. It stressed that the accused’s place is not in society, as his obsession has rendered the woman a slave to his sexual exigencies.

The Court added that the woman is still suffering psychologically and emotionally as a result of the accused’s actions, so much so that when she met with the probation officer, she insisted she did not seek compensation from Xuereb, but simply wanted that he does not ever approach her.

Handing down an eight-year jail term, the Magistrate stated that during his time in prison, it is expected that the accused will take every treatment and care available in order to be able to address his impulsiveness, especially with persons with whom he is intimate.

“Only in this way can other women to whom he might pay attention in the future be safe from a sexual predator,” the Court stated, whilst also ordering that accused be placed under a three-year treatment order in order to be given psychological assistance.