90-year-old child sex offender jailed for 14 years 

A 90-year-old man who subjected a child to a campaign of sexual abuse has been jailed for 14 years. 

Charles Emmanuel Montegriffo pleaded guilty to seven charges including two counts of assault of a child under 13 by penetration, four counts of sexual activity with a child, and one count of encouraging or assisting a child to engage in sexual activity. 

The offences all took place within the past decade. 

On Thursday morning Montegriffo appeared before the Supreme Court for sentencing. Due to being profoundly deaf, he was asked to move and sit near lawyers and the judge to hear the proceedings. 

Prosecutor Mark Zammit detailed the facts of the case which involved multiple occasions of sexual abuse. 

He read out a Victim Personal Statement which was provided to the court by the victim in this matter. 

The statement described the frequency of the sexual assaults and the fear and confusion this caused the victim. 

The victim said they had stayed silent because they were afraid and under psychological control, adding that they navigated a childhood of trauma, secrecy, and survival. 

The victim added that the consequences of Montegriffo’s actions are lifelong, and moments of shame return. 

"I am surviving in spite of you, not because of you,” the victim said in their statement. 

Defence lawyer, Chris Finch, described how his client will be 91 next month and is in poor physical and mental health. 

He added that medical reports “paint a picture of a man fast approaching the sunset”.  

Mr Finch said his client had been held in high esteem, having been a senior executive of a financial institution, and his offending has been “abhorrent”. 

Mr Finch pointed out that old age may explain his decline and explain his actions, adding that as cognitive faculties decline perhaps inhibitions declined too. 

He added that the defence has accepted the prosecution case and asked for leniency. 

In sentencing, Chief Justice Anthony Dudley said the victim’s courage in coming forward stood in stark contrast to the depravity of the defendant’s actions. 

The Chief Justice said that Montegriffo had held himself as a man of good character and was awarded an MBE in 2007 in recognition of service to the Gibraltar Red Cross, but his conduct has since “belied that description”. 

Mr Justice Dudley said that in 2024 Montegriffo was subject to three cautions for two sexual assaults in 2022 and sexual activity with a child in 2022. 

He added that because these cautions post-date the more serious counts in this matter he would not treat this as an aggravating feature in sentencing. 

As mitigation Mr Justice Dudley took into account Montegriffo’s age and medical conditions, adding that he is undoubtedly frail. 

The Chief Justice said the pre-sentence report compiled by the Probation Officer detailed that Montegriffo showed “limited evidence of meaningful insight or full acceptance of responsibility, while the explanations offered appear to minimise culpability”. 

Mr Justice Dudley did not accept that Montegriffo has genuine remorse, rather more likely regret because he had been “found out”. 

The sentences issued were concurrent, meaning they will be served at the same time. This results in a defendant serving the longest sentence imposed. 

Due to Montegriffo’s guilty plea, a 20% discount was applied and a further 20% discount was applied for his age and health issues.  

No separate penalty was imposed on three of the charges. 

For encouraging or assisting a child to engage in sexual activity, Montegriffo would have been sentenced five years if the matter had proceeded to trial. Instead, he was sentenced to three years and two months with the discounts applied. 

Montegriffo was sentenced to seven years and eight months for assault of a child and two years and six months for sexual activity with a child, with discounts applied. 

The Chief Justice sentenced Montegriffo for all his offending behaviour with a focus on one particular “lead offence” of sexual assault. 

Mr Justice Dudley said had the matter gone to trial, in his judgment the appropriate sentence would have been 22 years’ custody. 

After applying the discounts, Montegriffo was sentenced to 14 years’ custody. 

Mr Justice Dudley said that he was mindful that there is a real risk that Montegriffo may not live to service this sentence. 

He said that there is a section in the Prison Act which confers upon the Minister for Justice certain powers to direct the release of a prisoner on licence on compassionate grounds.   

“That is a matter entirely for him and upon which I express no view whatsoever,” Mr Justice Dudley said. 

Hours later the Minister for Justice, Nigel Feetham, issued a statement on social media. 

He said under Gibraltar’s law and constitutional system, sentencing is a matter for the courts. 

“Earlier this week, we published the sexual offences Bill, and the Government will continue to keep the framework under review. Where further legislative reform is required, we will act,” Mr Feetham said. 

“Should any matter come before me within my ministerial competence, it will always be considered carefully on its individual facts in accordance with the applicable law. “ 

“As a matter of principle, my firm view is that compassion is for the victims, not for the perpetrators of serious sexual offences.”