Aaron Ronaldo Montemayor Pleads Not Guilty To Alleged Rape Of An 11-Year-Old & Alleged Gross Indecency Against A 15-Year-Old
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By Alric Lindsay
Aaron Ronaldo Montemayor appeared in the Grand Court today, December 6, 2024, to face indictment 117 of 2024 concerning allegations of rape, assault and defilement of an eleven-year-old girl in Bodden Town. In addition, Montemayor faced indictment 130 of 2024, which consists of allegations of gross indecency and indecently assaulting a 15-year-old girl at Camana Bay. Montemayor pleaded not guilty to all allegations.
Details of Indictment 117 of 2024
Indictment 117 of 2024 contained six counts as follows:
Count 1
Regarding count 1, it was alleged that on December 24, 2022, Montemayor allegedly raped an 11-year-old girl in Bodden Town.
This charge is described under section 127(1) of the Penal Code (2022 Revision) as follows:
Rape
127. (1) A person who rapes another person commits an offence.
Section 128 of the Penal Code addresses the punishment for rape where a person is found guilty. This states: “A person who commits rape is liable to imprisonment for life.”
Count 2
On the same date, it was alleged that Montemayor defiled a girl under 16 years old, being the same girl in count 1 above.
This charge is outlined in section 134(1) of the Penal Code, which states:
Defilement of girls under sixteen years of age, etc.
134. (1) A person who unlawfully and carnally (a) knows any girl under the age of twelve years commits an offence and is liable to imprisonment for twenty years; or (b) knows any girl between the ages of twelve and sixteen years commits an offence and is liable to imprisonment for twelve years.
Count 3
Regarding count 3, it is alleged that, on the same date, Montemayor committed assault by penetration by intentionally penetrating the vagina of an 11-year-old with his fingers.
This charge is described under section 132A of the Penal Code as follows:
Assault by penetration
132A. (1) Subject to subsection (2), a person, (A) who, for the purpose of obtaining sexual gratification intentionally and without consent, penetrates (whether orally, vaginally or anally) another person (B), with an object or with any part of A’s body, commits an offence and is liable on (a) summary conviction; or (b) conviction on indictment, to imprisonment for a term of ten years.
(2) A child under the age of sixteen cannot consent to a penetration under this section.
Count 4
In connection with count 4, it was alleged that on December 31, 2022, Montemayor raped the 11-year-old in Bodden Town.
Count 5
Regarding count 5, it was alleged that Montemayor defiled a girl under 16 years of age, being the same girl mentioned above.
Count 6
About count 6, it was alleged that Montemayor committed assault by penetration by intentionally penetrating the vagina of the 11-year-old girl with his fingers.
Montemayor pleaded not guilty to all six counts.
Details of indictment 130 of 2024
Moving onto indictment 130 of 2024, this consisted of two counts.
Count 1
It was alleged that on March 22, Montemayor committed indecent assault against a 15-year-old girl in Camana Bay by touching her breast and bottom.
This charge is addressed by section 132 of the Penal Code, which states: “(1) It is an offence for a person to make an indecent assault on a woman.”
The section adds: “(5) A person who commits an offence under this section is liable on conviction on indictment to imprisonment for ten years.”
Count 2
It was alleged that on March 22, Montemayor committed an act of gross indecency towards a 15-year-old girl by exposing his penis and pushing the girl’s head towards it.
This charge is covered by section 134A of the Penal Code, which states:
Gross indecency
134A.(1) A person who commits an act of gross indecency with or towards a child under the age of sixteen or who incites a child under that age to do such an act with that person or another person commits an offence and is liable to imprisonment for twelve years.
(2) A constable may arrest, without a warrant, anyone the constable reasonably suspects has committed an offence under this section.
Montemayor pleaded not guilty to both counts.
Next steps
In all of the counts, Montemayor’s lawyer asked whether all proceedings could be joined as one trial. The prosecution rejected this request on the basis that different offences were alleged on different dates and with different girls.
In the meantime, Montemayor is being kept in prison until his trial in April 2025 unless he is released earlier after his bail application in a few days when he is expected to give evidence.
