GCA Title 8, Chapter 163
8 GCA CRIMINAL PROCEDURE CH. 163 SURVIVOR ’ S BILL OF RIGHTS ACT OF 2022
CHAPTER 163 SURVIVOR ‘
S BILL OF RIGHTS ACT OF 2022
SOURCE: Entire Chapter added by P.L. 36-102:1 (June 15, 2022), effective 30 days following enactment.
- § 163.10. Short Title.
- § 163.20. Legislative Findings and Intent.
- § 163.30. Definition of Sexual Assault.
- § 163.40. Bill of Rights.
- § 163.50. Notice of Rights.
- § 163.60. Severability.
§ 163.10. Short Title.
This Act shall be known and may be cited as the ‘Survivor’s Bill of Rights Act of 2022.’
§ 163.20. Legislative Findings and Intent.
I Liheslatura finds and declares that the enactment of the ‘Crime Victim’s Rights Act of 2004,’ established by P.L. 21-096 and amended by P.L. 27-138:2, has resulted in significant advances in the recognition and protection of the rights of crime victims and survivors once they enter the criminal justice system. Nonetheless, victims of sexual assault, more than other victims, are likely to be blamed for the crime, assumed to be fabricating the crime, or taken less seriously than their injuries warrant. These victims are sometimes discouraged from proceeding with their complaints and as a result are not afforded the protections and rights that other crime victims receive in the criminal justice system. Therefore, with no diminution of the legislatively-recognized rights of crime victims, it is the intent of I Liheslatura to accord victims of sexual assault with rights which may be easily located in this Chapter.
§ 163.30. Definition of Sexual Assault.
For purposes of this Chapter, the term ‘sexual assault’ means any nonconsensual sexual act proscribed by federal, tribal, state, or Guam law, including when the victim lacks the capacity to consent.
§ 163.40. Bill of Rights.
Victims of sexual assault shall have the following rights: (a) to have any allegation of sexual assault treated seriously; to be treated with dignity and compassion; and to be notified of existing medical, counseling, mental health, or other services available for victims of criminal sexual conduct, whether or not the crime is reported to law enforcement; (b) to be free, to the extent consistent with the Organic Act of Guam or the United States Constitution, from any suggestion that victims are responsible for the commission of crimes committed against them or any suggestion that victims were contributorily negligent or assumed the risk of being sexually assaulted; (c) to be free from any suggestion that victims are to report the crimes to be assured of any other guaranteed right; and to be free from any suggestion that victims should refrain from reporting crimes in order to avoid unwanted personal publicity; (d) when applicable, to access the services, at no cost, of Guam’s Sexual Assault Response Team (SART) comprised of: the Healing Hearts Crisis Center, the Guam Police Department, Child
8 GCA CRIMINAL PROCEDURE CH. 163 SURVIVOR ’ S BILL OF RIGHTS ACT OF 2022
Protective Services, and the Office of the Attorney General, as well as advocacy agencies such as Victim Advocates Reaching Out, and the choice to opt into or out of any of SART’s services; (e) to be informed of, and assisted in exercising, the right to be confidentially or anonymously tested for acquired immune deficiency syndrome (AIDS), or the human immunodeficiency virus (HIV), or any other related virus identified as a probable cause agent of AIDS pursuant to 8 GCA § 120.60; and to be informed of, and assisted in exercising, any rights that may be provided by law to compel and disclose the test results of a person convicted of criminal sexual conduct, for communicable diseases pursuant to 8 GCA § 120.60(a); (f) to not be prevented from, or charged for, receiving a medical forensic examination; (g) to have forensic medical evidence, if collected, preserved without charge for the duration of the maximum applicable statute of limitations, or twenty (20) years, whichever is shorter; and to (1) receive written information about the status of the evidence upon request, including the location, testing date, and testing results of a kit, whether a DNA profile was obtained from the kit, whether or not the DNA profile was consistent with DNA profiles in state or federal databases, a toxicology report, or other information collected as part of a medical forensic examination, if such disclosure would not impede or compromise an ongoing investigation; (2) upon written request, receive written notification from the Guam Police Department not later than sixty (60) days before the date of the intended destruction or disposal of the kit; (3) be informed in writing of policies governing the collection and preservation of a forensic medical evidence collection kit; and (4) upon written request, be granted further preservation of the kit or its probative contents. (h) to choose whether to participate in any investigation of the sexual assault, unless subpoenaed under 8 GCA Chapter 75; (i) to reasonable efforts to provide treatment and interviews in a language in which the victim is fluent and the right to be given access to appropriate assistive devices to accommodate disabilities that the victim may have, whether temporary or long term; (j) to information and assistance in accessing specialized mental health services; protection from further violence; and other appropriate community or governmental services, including services provided by the Criminal Injuries Compensation Program; and all other assistance available to crime victims under current law; and (k) to be apprised of the availability and process by which to seek protection through a temporary or permanent restraining order if the victim believes that the victim is at risk for re-victimization or further harm by the perpetrator. (l) to have access to emergency contraception as provided for by Chapter 98, Title 10, Guam Code Annotated. SOURCE: Subsection (l) added by P.L. 38-038:2 (Aug. 18, 2025).
§ 163.50. Notice of Rights.
The Office of the Attorney General Victim Services Center shall publish a notice of these rights which shall be posted in all hospital emergency departments, police stations and other law enforcement agencies, sexual violence service organizations, the Guam Department of Education, the Guam Community College, the University of Guam, and any other appropriate place to inform victims of sexual assault of their rights. The Attorney General shall incorporate the rights and services enumerated in this Chapter in its standards for providing services to victims of sexual assault to ensure the compassionate and sensitive delivery of services to all sexual assault victims.
§ 163.60. Severability.
If any provision of this Chapter or its application to any person or circumstance is found to be invalid or contrary to law, such invalidity shall not affect other provisions or applications of this Chapter that can be given effect without the invalid provision or application, and to this end the provisions of this Chapter are severable.