OAG Supports Bills Intended to Strengthen Family Violence and Sexual Assault Laws

April 06, 2022- Tamuning, Guam– The Office of the Attorney General provided testimony in support of three bills that seek to support victims of sexual assault and family violence during public hearings held this morning.

In its testimony in support of Bill 244-36, which would establish a Bill of Rights for victims of sexual assault, Deputy Attorney General Fred Nishihira asked the Legislature to make it possible for victims of sexual assault to apply for protective orders. Under the current law, only victims of family violence can file petitions for protective orders, which have their own expedited process. Other victims, including victims of sexual assault, must file a civil complaint and request a Temporary Restraining Order.

“We have heard from some service providers that it is easier for a victim of family violence to get a stay away order from their perpetrator than it is for a victim of sexual assault,” said Deputy Attorney General Nishihira.

The OAG also submitted testimony supporting Bill 243-36, which clarified that consent for sexual activity should be affirmatively given, and cannot be given when someone is physically helpless or unable to communicate consent or non-consent because they are under the influence of alcohol or another substance.

Finally, OAG also testified in support of Bill 242-36 which seeks to allow victims of family violence to gain independence from an abuser while maintaining consistent phone service.

“We want to thank Senator Torres and the other sponsors of these bills for their efforts to support and protect victims of sexual assault and family violence,” said Attorney General Leevin T. Camacho.

In April, victims of all crimes and their service providers are commemorated during National Crime Victims’ Rights Week. It is also Child Abuse Prevention Month and Sexual Assault Awareness Month. A proclamation signing recognizing the importance of these awareness campaigns will be held tomorrow morning at 10:30am.