All Roll Calls
Yes: 0 • No: 0
GuamBill No. 33-38 (COR)38th Guam Legislature (2025-2026)legislature
AN ACT TO AMEND §§ 25.15(a)(2), 25.20(a)(2), AND § 25.10 OF CHAPTER 25, TITLE 9, GUAM CODE ANNOTATED, RELATIVE TO THE EXPANSION OF THE ELEMENTS FOR FIRST AND SECOND DEGREE CRIMINAL SEXUAL CONDUCT.
Sponsored By: V. Anthony Ada (Republican)
Signed by Governor
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Bill Overview
Analyzed Economic Effects
2 provisions identified: 2 benefits, 0 costs, 0 mixed.
Clearer protections for sexual abuse victims
Guam’s law defines consent as words or clear actions showing a freely given, current agreement to a specific sexual act. A past or current social relationship, or failure to resist, does not establish consent. A victim’s testimony needs no supporting evidence to show lack of consent. People who are mentally incapacitated or physically helpless cannot consent. Mental incapacity includes an inability to understand or control conduct caused by substances given without consent or other nonconsensual acts. It also includes voluntarily using substances to the point of being unable to consent, understand, or control conduct. Physical helplessness includes being asleep, unconscious, physically unable to withhold or withdraw consent, or otherwise unable to communicate unwillingness. Force or coercion includes physical violence and threats of immediate violence that the victim believes can be carried out now. It also includes threats of future retaliation, such as physical punishment, kidnapping, or extortion, that the victim believes can be carried out. Medically unethical or unacceptable treatment or exams, and concealment or surprise used to overcome the victim, also count. Sexual contact means intentional touching of genitals, the groin, inner thigh, buttocks, breasts, or clothing over those areas when reasonably understood as sexual arousal or gratification. Sexual penetration includes intercourse, oral sex, anal intercourse, and even slight entry of a body part or object into genital or anal openings; semen is not required. The law also defines mental impairment as a mental disease or defect that prevents understanding the nature of the conduct. Personal injury includes bodily injury, disfigurement, mental anguish, chronic pain, pregnancy, disease, or loss or impairment of a sexual or reproductive organ.
Stronger sexual abuse protections for minors
In Guam, sexual penetration involving a victim under 14 is first-degree criminal sexual conduct; sexual contact is second-degree. For victims aged 14 or 15, these offenses apply when at least one listed relationship or circumstance exists. These include sharing a household, being related by blood, adoption, or marriage through the fourth degree, or using authority to force submission. They also include dating someone in the victim’s household. Dating means an ongoing romantic or intimate relationship, judged by its length, nature, and interactions—not casual or ordinary social contacts. Covered school roles include teachers, substitutes, intern or student teachers, and administrators in the victim’s public or private school or district. School employees, contractors, non-student volunteers, and Guam or U.S. government employees assigned to serve the school are also covered when they use that role to gain access to or build a relationship with the victim. Child-care employees, contractors, and volunteers, and licensed or authorized foster-care operators, are covered when the act occurs during the victim’s residency. The same residency rule covers employees, contractors, and volunteers in social services, victim advocacy, youth correctional or detention, drug treatment, and medical, psychiatric, or psychological treatment facilities.
Sponsors & Cosponsors
Sponsor
V. Anthony Ada
Republican • legislature
Cosponsors
Chris “Malafunkshun” Barnett
Democrat • legislature
Christopher M. Dueñas
Republican • legislature
Eulogio Shawn Gumataotao
Republican • legislature
Frank F. Blas Jr.
Republican • legislature
Jesse A. Lujan
Republican • legislature
Joe S. San Agustin
Democrat • legislature
Sabina F. Perez
Democrat • legislature
Sabrina Salas Matanane
Republican • legislature
Shelly V. Calvo
Republican • legislature
Telo T. Taitague
Republican • legislature
Therese M. Terlaje
Democrat • legislature
Tina Rose Muña-Barnes
Democrat • legislature
William A. Parkinson
Democrat • legislature
Roll Call Votes
legislature vote • 6/3/2025
Floor Vote
Yes: 0 • No: 0
Actions Timeline
Public Law 38-16 — signed
6/17/2025GovernorCommittee report filed
5/14/2025legislaturePublic hearing held
4/29/2025legislatureFiscal note filed
1/27/2025legislatureReferred to committee
1/27/2025legislatureIntroduced as Bill No. 33-38 (COR)
1/21/2025legislatureTransmitted to Governor
legislature
Bill Text
Introduced
1/21/2025
Committee Report
Enrolled (Public Law)
Transmittal
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