Chapter 163

8 GCA CRIMINAL PROCEDURE CH. 163 SURVIVOR ’S BILL OF RIGHTS CHAPTER 163 SURVIVOR ’S BILL OF RIGHTS SOURCE: Entire Chapter added by P.L. 36-102:1 (June 15, 2 022), 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 'Su rvivor’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 Public Law 21-96 and amended by Public Law 27-138:2, has resul ted in significant advances in the recognition and protect ion of the rights of crime victims and survivors once they enter the criminal justice system. Nonetheless, victims of sexual assault, mor e than other victims, are likely to be blamed for the crime, ass umed to be fabricating the crime, or taken less seriously than their injuries warrant. These victims are sometimes discouraged fr om proceeding with their complaints and as a result ar e not afforded the protections and

ng the crime, or taken less seriously than their injuries warrant. These victims are sometimes discouraged fr om proceeding with their complaints and as a result ar e not afforded the protections and rights that other crime victims receive in the criminal justice system. Therefore, with no diminut ion of the legislatively-recognized rights of crime victims, i t is the intent of I Liheslatura to accord victims of sexual assault with rights wh ich may be easily located in this Chapter. § 163.30. Definition of Sexual Assault. For purposes of this Chapter, the term 'sexual assa ult' means any nonconsensual sexual act proscribed by federal, tribal, state, or Guam law, including when the victim lacks the ca pacity to consent. COL7/19/20228 GCA CRIMINAL PROCEDURE CH. 163 SURVIVOR ’S BILL OF RIGHTS § 163.40. Bill of Rights. Victims of sexual assault shall have the following rights: (a) to have any allegation of sexual assault treate d seriously; to be treated with dignity and compassio n; and to be notified of existing medical, counseling, mental health, or other services available for victims of criminal se xual conduct, whether or not the crime is reported to la w enforcement; (b) to be

to be notified of existing medical, counseling, mental health, or other services available for victims of criminal se xual conduct, whether or not the crime is reported to la w enforcement; (b) to be free, to the extent consistent with the O rganic Act of Guam or the United States Constitution, from any suggestion that victims are responsible for the com mission of crimes committed against them or any suggestion tha t victims were contributorily negligent or assumed th e 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 guaran teed right; and to be free from any suggestion that victims sho uld refrain from reporting crimes in order to avoid unwanted pe rsonal 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 Protective Services, and t he Office of the Attorney General, as well as advocacy agenci es 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

orney General, as well as advocacy agenci es 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 fo r acquired immune deficiency syndrome (AIDS), or the human immunodeficiency virus (HIV), or any other related virus identified as a probable cause agent of AIDS pursua nt to 8 GCA § 120.60; and to be informed of, and assisted i n 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); COL7/19/20228 GCA CRIMINAL PROCEDURE CH. 163 SURVIVOR ’S BILL OF RIGHTS (f) to not be prevented from, or charged for, recei ving a medical forensic examination; (g) to have forensic medical evidence, if collected , preserved without charge for the duration of the ma ximum applicable statute of limitations, or twenty (20) y ears, 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

(20) y ears, 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 t he DNA profile was consistent with DNA profiles in st ate 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 la ter than sixty (60) days before the date of the intende d destruction or disposal of the kit; (3) be informed in writing of policies governing the collection and preservation of a forensic medic al 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 subpoen aed under 8 GCA Chapter 75; (i) to reasonable efforts to provide treatment and interviews in a language in which the victim is flu ent and the right to be given access to

xual assault, unless subpoen aed under 8 GCA Chapter 75; (i) to reasonable efforts to provide treatment and interviews in a language in which the victim is flu ent and the right to be given access to appropriate assistive d evices 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 govern mental services, including services provided by the Crimin al Injuries COL7/19/20228 GCA CRIMINAL PROCEDURE CH. 163 SURVIVOR ’S BILL OF RIGHTS Compensation Program; and all other assistance avai lable 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 per manent restraining order if the victim believes that the v ictim is at risk for re-victimization or further harm by the pe rpetrator. § 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,

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 organ izations, the Guam Department of Education, the Guam Community Co llege, the University of Guam, and any other appropriate p lace to inform victims of sexual assault of their rights. The Att orney General shall incorporate the rights and services enumerate d in this Chapter in its standards for providing services to victims of sexual assault to ensure the compassionate and sensitive d elivery 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 co ntrary to law, such invalidity shall not affect other provisions o r applications of this Chapter that can be given effect without the i nvalid provision or application, and to this end the provisions of t his Chapter are severable. --------- COL7/19/2022