Consent means words or overt actions by a person indicating a freely given present agreement to perform a particular sexual act with the actor. Consent does not mean the existence of a prior or current social relationship between the actor and the victim or that the victim failed to resist a particular sexual act. 9 G.C.A. § 25.10(a)(2).
A person who is mentally incapacitated or physically helpless as defined by the Guam statute cannot consent to a sexual act. 9 G.C.A. § 25.10(a)(2)(A).
Corroboration of the victim's testimony is not required to show lack of consent. 9 G.C.A. § 25.10 (a)(2)(B).
A victim need not resist the actor for a proper prosecution. 9 G.C.A. § 25.45.
Does the definition require "freely given consent" or "affirmative consent"?
Yes – “consent” means words or overt actions by a person indicating a freely given present agreement to perform a particular sexual act with the actor. 9 G.C.A. § 25.10(a)(2).
At what age is a person able to consent?
16 years old. 9 G.C.A. §§ 25.15; 25.20; 25.25.
Does difference in age between the victim and actor impact the victim's ability to consent?
Does elderly age impact the victim’s ability to consent?
Does developmental disability and/or mental incapacity impact the victim’s ability to consent?
Yes. A person commits a sex crime if the person engages in sexual penetration (or in certain circumstances, sexual contact) with another person and the actor knows or has reason to know that the victim is mentally impaired, mentally incapacitated, or physically helpless. 9 G.C.A. §§ 25.15; 25.20; 25.25; 25.30.
“Mentally Impaired” means that a person suffers from a mental disease or defect which renders that person temporarily or permanently incapable of appraising the nature of his or her conduct. 9 G.C.A. § 25.10(a)(5).
“Mentally Incapacitated” means (A) that a person is rendered temporarily incapable of appraising or controlling his or her conduct due to the influence of a narcotic, anesthetic or other substance administered to that person without his or her consent, or due to any other act committed upon that person without his or her consent or (B) that a person is voluntarily under the influence of any substance or substances to a degree that renders them incapable of consenting or incapable of appreciating, understanding, or controlling the person's conduct.. 9 G.C.A. § 25.10(a)(6). A person who is mentally incapacitated cannot consent to a sexual act. 9 G.C.A. § 25.10(a)(2)(A).
Does physical disability, incapacity or helplessness impact the victim’s ability to consent?
Yes. A person commits a sex crime if the person engages in sexual penetration (or in certain circumstances, sexual contact) with another person and the actor knows or has reason to know that the victim is mentally impaired, mentally incapacitated, or physically helpless. 9 G.C.A. § 25.15; 25.20; 25.25; 25.30.
“Physically Helpless” means that a person is unconscious, asleep, unable to withhold consent or withdraw consent because of a physical condition, or for any other reason is physically unable to communicate unwillingness to an act. 9 G.C.A. § 25.10(a)(7). A person who is physically helpless as defined by the Guam statute cannot consent to a sexual act. 9 G.C.A. § 25.10(a)(2)(A).
Does consciousness impact the victim’s ability to consent?
Yes. A person commits a sex crime if the person engages in sexual penetration (or in certain circumstances, sexual contact) with another person and the actor knows or has reason to know that the victim is physically helpless, which includes unconsciousness. 9 G.C.A. §25.10(a)(6); 25.15; 25.20; 25.25; 25.30.
Does intoxication impact the victim’s ability to consent?
Yes. A person commits a sex crime if the person engages in sexual penetration (or in certain circumstances, sexual contact) with another person and the actor knows or has reason to know that the victim is mentally incapacitated, which includes a person that is rendered temporarily incapable of appraising or controlling his or her conduct due to the influence of a narcotic, anesthetic or other substance administered to that person without his or her consent or a person that is voluntarily under the influence of any substance or substances to a degree that renders them incapable of consenting or incapable of appreciating, understanding, or controlling the person's conduct.. 9 G.C.A. § 25.10(a)(5); 25.15; 25.20; 25.25; 25.30.
Does the relationship between the victim and actor impact the victim’s ability to consent?
Is consent a defense to sex crimes?
Yes, consent can be a defense to sex crimes. See 9 G.C.A. § 7.64. For example, consent of the victim is a defense to a charge of first degree criminal sexual conduct during the commission of a felony.
Is voluntary intoxication a defense to sex crimes?
No. A person that is voluntarily under the influence of any substance or substances to a degree that renders them incapable of consenting or incapable of appreciating, understanding, or controlling the person's conduct is “mentally incapacitated.” 9 G.C.A. § 25.10(a)(6). A person who is mentally incapacitated or physically helpless as defined by the Guam statute cannot consent to a sexual act. 9 G.C.A. § 25.10(a)(2)(A).
A person commits a sex crime if the person engages in sexual penetration (or in certain circumstances, sexual contact) with another person and the actor knows or has reason to know that the victim is mentally impaired, mentally incapacitated, or physically helpless. 9 G.C.A. §§ 25.15; 25.20; 25.25; 25.30.