By Ron Rocky Coloma
Sen. Frank Blas Jr. has introduced a bill that would address a significant legal gap in Guam’s criminal justice system.
Co-sponsored by Sen. Joanne Brown, Bill 351-37 aims to allow the prosecution of individuals for criminal sexual conduct offenses committed while they were minors even if they are charged as adults.
The legislation was prompted by cases in which offenders committed sexual assaults as minors but were not prosecuted because they had reached adulthood by the time their crimes were discovered.
“There have been at least two unfortunate cases whereby the alleged offenders committed sexual assaults as minors against younger children, and because they had attained adult age at the time they were caught, the judicial system could not proceed to prosecute much less convict them for the heinous crimes,” Blas said.
The bill seeks to rectify this by removing the legal barriers that currently prevent prosecution in such cases.
The proposed bill also allows the court's discretion in certifying that an adult who committed a criminal sexual offense as a minor can still be tried for that offense. This approach would ensure that individuals cannot evade accountability based on their age at the time of the charge, addressing concerns from the Office of the Attorney General.
Brown emphasized that while society has historically treated children differently from adults in legal matters, recent trends in violent and sexual crimes by juveniles necessitate a reevaluation.
“The recent surge in violent crimes, and crimes of a sexual nature, has forced us to reevaluate this perspective,” Brown said. “We need to delve deeper into this issue to make a genuine impact and ensure justice for the victims.”
This bill underscores a shift in how the legislature views the severity of crimes committed by minors, particularly those with predatory behavior. Brown highlighted that some minors display a “complete lack of conscience or empathy,” which demands a stronger response from the legal system. The primary goal of the bill, according to Brown, is to deter future offenses and protect the most vulnerable members of society—children.
By giving courts the ability to try adults for crimes committed as minors, Bill 351-37 would also provide a more consistent framework for dealing with serious sexual offenses.
The bill outlines specific circumstances under which minors, particularly those over 16 years of age, can be tried as adults. This includes cases involving misdemeanors or felonies that form part of a broader pattern of criminal activity.
According to the authors, the bill’s passage would mark a significant step forward in addressing the complexities of juvenile justice in Guam, balancing the need for rehabilitation with the importance of holding offenders accountable for serious crimes.
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