Consent Written Into GCA


Senator Mary Camacho Torres has introduced a bill that, for the first time, defines consent in Guam Code Annotated.

PNC’s Destiny Cruz has more…

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Senator Mary Camacho Torres introduced Bill 243-36, which she believes closes the loophole by amending the definition of mental incapacitation in Guam’s criminal sexual conduct law.

For background, Guam’s current “mental incapacitation” standard leaves room for question. Under the current standard, mental incapacitation is limited to circumstances in which an assailant clandestinely or forcefully administers intoxicants to the victim.

Therefore, according to the bill, a victim of sexual assault who voluntarily consumes an intoxicating substance is not considered mentally incapacitated under Guam law, despite the inability to understand the nature of a sexual act that follows.

Senator Camacho Torres further explained the importance of codifying the definition of consent in the Guam Code Annotated– she said that the affirmative definition of consent protects an individual’s autonomy and helps to ensure that individuals understand what constitutes consent.

In an interview conducted by PNC’s Ceejay Pilarca earlier today, Jayne Flores, Director of the Bureau of Women’s Affairs and Administrator of the Governor’s Community Outreach Federal Programs Office, gave additional insight into why it is essential to distinguish the definition of consent clearly.

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Starting as the weather personality for the Pacific News Center in 2019, then as a reporter, Destiny Cruz is now PNC’s lead anchor, producer, writer, and TV host for two of Sorensen Media Group’s shows. Over three years at PNC, Destiny has covered issues impacting our island in areas including legislation and health, to name a few, in addition to highlighting the meaningful stories of Guam’s community in features and lifestyle. Corresponding with her professional growth, Destiny has acquired personal achievements that have contributed to her development as a dynamic woman: she is a proud graduate of the Guam Community College, earning her degree in liberal studies, a former Miss Guam (Miss World Guam 2017), and singer/songwriter.