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.