Two bills have been introduced pertaining to pre-trial releases and the parental rights of rapists.
Senator James C. Moylan introduced Bill 160-35 which addresses pre-trial releases and places limitations on those who are charged with crimes such as criminal sexual conduct, armed robbery, kidnapping, and intent to distribute controlled substances.
According to Moylan, his legislation would remove these individuals from qualifying for a pre-trial release based on personal recognizance, thus requiring that they post bail instead.
Bill 160-35 also applies the same requirements for those who are charged with a new crime while serving on a pre-trial release for a previous crime.
“We have heard the cries of the community and just as many of you, I have read numerous media stories, and it is disturbing to see individuals committing crimes while on pre-trial releases or a person charged with a serious crime such as rape or armed robbery gets released on personal recognizance,” stated Senator Moylan.
The other piece of legislation is Bill 162, introduced by Sen. Mary Torres.
Under Bill 162, victims of sexual assault will be able to terminate the parental rights of their rapists.
The legislation would also allow a mother to petition the court for termination of the parent-child relationship if the father is found by “clear and convincing evidence” to have committed sexual assault resulting in the conception of the child.
Senator Torres said she introduced the bill because no woman should live in fear of her child being taken away by her attacker and no victim should be forced to endure the trauma of seeing her assailant on a regular basis.
“Right now, there’s no law stopping that nightmare from happening. Bill 162 closes this legal loophole by eliminating the abuser’s access to parental rights and protecting Guam’s children and our victims,” Torres said.