“Consent for intercourse must be clear and obvious. Consent is not ambiguous. Consent is not a ‘maybe’
– Prosecuting Attorney Sean Brown
Guam- Robert Diaz Reyes was sentenced Friday to eight years with all but four years suspended for sexually assaulting a young woman while she was intoxicated and asleep.
Prosecution argued for maximum jail time allowed for a first-time offender, according to a release from the Office of the Attorney General.
A jury found him guilty in late January of third-degree criminal sexual conduct as a second-degree felony and fourth-degree criminal sexual conduct as a misdemeanor.
Prosecuting Attorney Sean Brown said, “Consent for intercourse must be clear and obvious.
Consent is not ambiguous. Consent is not a ‘maybe’. Getting clear consent for any sexual
activity is especially necessary whenever alcohol is involved. Consent cannot ever be given by someone who is asleep or not coherent because they are drunk- as was the case here.”