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 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.