By By Julianne Hernandez Pacific Daily News

Copyright guampdn

Vice Speaker Tony Ada’s bill seeking a minimum 12-year prison sentence for third-degree criminal sexual conduct committed against 14- and 15-year-old victims received support from Attorney General Douglas Moylan.

Ada’s Bill 157-38 would increase penalties for offenders who prey on teens below the age of consent, which is 16 on Guam.

Moylan, during public hearing, testified in support of the bill’s intent but warned that the proposed 12- to 25-year range could unintentionally create sentencing disparities with more serious felony levels.

“This proposed 12 to 25-year range is actually higher than the penalties recently enacted by Legislature for those who commit sexual contact against 12- and 13-year old crime victims,” the AG said.

Under current law, sexual acts with anyone under 16 are criminal offenses.

Offenses involving victims younger than 14 are charged as first- and second-degree felonies, while crimes against 14- and 15-year-olds are classified as third- and fourth-degree felonies.

Bill 157 would establish a minimum sentence for offenses involving 14- and 15-year-old victims, aiming to close the gap and strengthen deterrence.

Lack of ‘Romeo and Juliet’ provisions

The AG raised concerns that the bill does not differentiate between consensual relationships among near-age peers and violent sexual assaults, citing Guam’s lack of so-called “Romeo and Juliet” provisions used in other states.

“An 18-year-old criminal defendant who had willing sex with a 14- or 15-year-old would be subject to a 12- to 15-year prison term,” he said. “But a 30-year old who violently rapes a 14-year old or 15-year old would also be subject to the 12- to 25-year jail term, not a higher penalty. The committee may wish to consider these seeming disparities,” Moylan told senators.

The AG urged lawmakers to clearly differentiate between consensual acts among peers close in age and violent sexual assaults by adults.

Moylan also responded to concerns from Sen. Shawn Gumataotao regarding sex offender compliance.

He referenced data showing seven offenders had failed to register and 41 had not updated their information.

“I believe it’s a requirement that they register with the probation and that they get cited when they don’t update the information,” Moylan told Gumataotao. “And again, I’ve seen it happen, where we actually charge persons that are not complying with the sex offender registry guidelines.”

Chemical castration

Moylan also urged stronger punishments for repeat sex offenders, advocating for life imprisonment and enforcement of chemical castration, which became law in 2015 but has not yet been implemented.

“It’s been my position since the beginning that pedophiles should be life in prison without the possibility of parole for those that are the true pedophiles out there,” he said. “Because the victimization is much more severe when you’re dealing with the destruction of an innocent life, so to speak.”

On the issue of deterrence beyond prison sentences, Moylan brought up ongoing delays in enforcing chemical castration laws and voiced his firm support for stronger measures.

“The Legislature required that the Department of Corrections pass the chemical castration rules so that we can start implementing on Guam chemical castration…I am a strong advocate of physical castration also,” he said.

Ada said he would bring up the matter before the Committee on Public Safety for an oversight hearing.

The urgency behind Bill 157-38, according to Ada, is supported by recent crime statistics.

According to the Fiscal Years 2025 to 2029 General Strategy for Drugs, Drug Control, Violent Crime, and Criminal Justice Improvement Plan, Guam recorded 738 violent crimes in 2023, a decrease from 802 in 2022.

Despite this overall decline, forcible rape cases increased by 36%, with 268 reported in 2023—a 49% rise since 2021.

Murder cases fell from 13 in 2022 to seven in 2023.

The Healing Hearts Crisis Center assisted 101 survivors in 2023, which is 20% more than in 2022. Of these survivors, 59 were minors.

These numbers point to a clear need for legislative measures to address sexual assault, especially among youth, and to expand support services for survivors, Ada said.

Sen. Telo Taitague said sexual assault continues to be a major problem on Guam, especially for youths.

She also pointed to the link between drug-related issues and violent crime.

Ada expressed commitment to strengthening Bill 157-38, based on recommendations from the AG and moving it through the legislative process to become law.

Both senators agreed that addressing these rising numbers is vital to protect survivors and reduce violent crime on Guam.

The vice speaker also cited a series of legislative actions taken over the last three terms to strengthen sentencing laws.

“Sexual assault is the most under reported crime in our community,” he said. “It leaves permanent emotional scars on all of its victims.”