The following is from a news release from the Office of Sen. Mary Camacho Torres:
Survivors of violence, stalking, and sexual assault could be granted additional protections to help them seek justice and reclaim their lives, under a bipartisan package of bills introduced by lawmakers today.
If enacted, Bill No. 242-36 (LS) would free victims of family violence from having their cell phone numbers controlled by violent abusers. Generally, individuals cannot separate their phone number or be released from a shared plan without the account owner’s permission, a task that can be difficult or dangerous when the perpetrator of family violence is the primary account holder.
Under the bill, victims can opt out of a shared plan without fees or penalty. The opt-out request must be submitted in writing along with a valid police report, an order of protection, or a signed affidavit from a licensed medical or mental healthcare provider.
“Cutting off a victims’ ability to communicate is just one of the ways abusers exercise control,” said Senator Torres. “While I’m thankful for any company that is working to help victims, Bill 242 makes clear that no contract is sacred enough to continue abuse. This measure would ensure survivors can cut ties without penalty—helping them start over and feel safe again.”
Recognizing that alcohol use is never an invitation for unwanted sexual activity, lawmakers also introduced Bill No. 243-36 (LS). The measure would close a loophole in Guam law by amending the definition of “mental incapacitation” in criminal sexual conduct cases.
Under current law, victims are not considered “mentally incapacitated” if they voluntarily consume an intoxicating substance prior to being assaulted or raped. Bill 243 would change this by expanding the definition to include any person under the influence of a substance that renders them incapable of consenting. The bill also establishes “consent” for the first time in the Guam Code, updates the definition of “physically helpless,” and revises the outdated term of “mentally defective” to “mentally impaired.”
“Any victim who cannot give consent is worthy of protection under the law,” said Senator Torres. “By recognizing voluntary intoxication, Bill 243 sends a message to perpetrators who take advantage of vulnerability and provides a clearer path to justice for survivors of sexual assault.”
Finally, Bill 244-36 (LS) adopts a standard bill of rights for sexual assault victims in Guam, including the right to advocacy, the right to informative rape kit procedures and notification, and the retention of all rights regardless of whether assault is reported to law enforcement.
Torres’ measures are co-sponsored by Speaker Therese M. Terlaje, Vice Speaker Tina R. Muña Barnes, Senators Amanda L. Shelton, James C. Moylan, Jose “Pedo” Terlaje, V. Anthony Ada, Frank F. Blas Jr., Clynton E. Ridgell, Joe S. San Agustin, Christopher M. Duenas, and Sabina F. Perez.
“Together, Bills 242, 243, and 244 ensure that victims and their families are treated with the dignity, compassion, and respect they deserve,” concluded Senator Torres. “I thank my colleagues for standing alongside me to support these measures and strengthen protections for our survivors.”
