HAGÅTÑA (The Guam Daily Post) — The proposal to implement a local version of “Jessica’s Law” saw support during the public hearing on the measure Monday morning, although there was written concern coming from the Public Defender Service Corp.
Bill 183-37 imposes higher minimum sentencing requirements for those convicted of criminal sexual conduct involving victims younger than 12 years old.
The measure mandates a 25-year minimum sentence, up to a maximum of life imprisonment without the possibility of parole, for first-degree criminal sexual conduct offenders whose victims are younger than 12 years old. Those found guilty of second-degree criminal sexual conduct will see a minimum of ten years in prison, up to a maximum of 20 years imprisonment, if the victim was under 12 years old.
Bill 183 also would allow judges to impose lifetime parole requirements for people convicted of first- and second-degree criminal sexual conduct.
This is essentially Guam’s version of “Jessica’s Law” from Florida, which was named after Jessica Lunsford, a 9-year-old girl who was abducted, raped and murdered by John Couey, a convicted sex offender.
Attorney General Douglas Moylan not only expressed support for Bill 183, but also advocated for mandatory life sentences without parole for those who fall under the measure’s purview.
“Guam has too many sexual offenders and pedophiles per capita. … But I’m here to talk about the logistics of the problems that we’ve been seeing, and how important it is not only that the Legislature pass what is the equivalent of Jessica’s Law, but that you take away any discretion with the courts. That if our juries determine guilt for a pedophile – characterized as (having a victim) 12 and under, I guess, as the law talks about – that you have mandatory life sentences without parole,” Moylan said Monday.
“People might think that that’s harsh, but I believe the psychiatric professionals will tell you that the ability to reform a sexual predator, or pedophile specifically, are very low. Once a pedophile, always a pedophile,” Moylan added.
He went on to discuss “safety valves” for accused individuals in the system, which he described as vetting of cases from the Office of the Attorney General, the grand jury process, the pretrial judicial process, jury determinations, a potential pardon from the governor in case of wrongful accusation and the appeals process.
Shirley Untalan read testimony in favor of Bill 183 from the Guam Behavioral Health and Wellness Center. Untalan said the Healing Hearts Crisis Center, under GBHWC, the only rape crisis center on the island, has seen many cases in which minors are the victims of sexual assault under first- or second-degree criminal sexual conduct, where the perpetrator is known to the victim – parents, siblings or other family members.
Healing Hearts serviced 74 clients between January 2023 and December 2023, according to Untalan. Of those clients, seven were 6 years old or younger, 18 were 7 to 12 years old and 20 were 13 to 17 years old, Untalan read.
“During this time period, Healing Hearts has had 12 acute cases, which means these are reported incidences happening anywhere between 48 to 72 hours of the assault,” Untalan said.
For this year, up to March, Healing Hearts had seen 21 clients, of which three are 6 years old or younger, four are 7 to 12 years old, and six are 13 to 17 years old, with four acute cases overall during that time, Untalan said.
Looking at Guam’s sex offender registry, she added that eight offenders have currently failed to register. Three are first-degree criminal sexual conduct offenders, one is a second-degree offender and the remaining are third- and fourth-degree offenders, Untalan said.
“Likewise, there are 33 offenders who have failed to update their status,” she added, stating later that GBHWC does recommend that convicted sex offenders receive mandatory counseling to learn special strategies for stopping abusive behavior and taking responsibility for harm done.
John Morrison, deputy director of the Public Defender Service Corp., stated in written testimony that he felt current local laws were more than adequate to address the purpose of Bill 183.
Morrison said Guam law currently provides a sentencing enhancement of five to 25 years of incarceration in any case involving vulnerable victims, in addition to the sentence for the underlying offense. Morrison added that among other victim classes, minors under 13 years old are included in this category. Considering these factors, Morrison said current law requires a minimum punishment of 20 years and a maximum of life without the possibility of parole in the case of first-degree criminal sexual conduct if a vulnerable victim is involved.
“In practice, it has been my experience that our judges do not hesitate to impose lengthy sentences, far exceeding the mandatory minimums when circumstances call for it. In general, we should all be in favor of maintaining judicial discretion in sentencing as our judicial officers sit through an entire trial, hear from individual victims at trial and sentencing hearings, read confidential reports, and then weigh sentencing factors before handing down a sentence,” Morrison wrote, adding that judges are in the best position to determine what sentence should be imposed on people convicted of crimes.
Morrison also asked lawmakers to consider that Guam does not offer sex-offender treatment at the Department of Corrections, and does not currently employ a medical doctor, psychologist or psychiatrist on staff.
“It almost goes without saying that the full development of these services and the presence of a professional staff are needed to help determine if individuals convicted of these crimes have been rehabilitated or continue to present as a danger. Currently, the best our judges can do is require sex-offender treatment if it becomes available,” Morrison wrote.
