Two criminal law reform bills by Vice Speaker Tony Ada were heard today at the Guam Congress building, each aiming to strengthen accountability.

Bill 138 would repeal the limitations of the intoxication defense by holding persons criminally responsible for crimes committed after knowingly, willingly, or intentionally consuming alcohol or drugs.

“If you get yourself drunk or high, you’re fully responsible for the crime that you commit in your intoxicated state,” said Ada. 

Currently the law does allow claims of intoxication to sometimes reduce the severity of certain criminal charges. 

However, Bill 138 removes that loophole, unless the person was given alcohol or drugged without their knowledge.

“This bill does not eliminate the involuntary intoxication defense. What this bill does is hold people who drink or smoke accountable,” added Ada. 

With Bill 137, Ada aims to make interfering with the reporting of criminal sexual conduct a felony, similar to Guam’s law on interfering with reports of family violence.

“The nation’s largest anti-sexual assault organization reports that 63% of all sexual assaults go unreported. The Guam Coalition Against Sexual Assault and Family Violence in 2020 reported an identical rate for Guam, but suggested in a KUAM News story that the rate might be as high as 80%,” said Ada. 

“Many victims are reluctant to report these crimes because of the shame or stigma that’s associated with them. Moreover, many are coerced by their attacker or by relatives of their attacker to keep quiet,” Ada added. 

Both measures now await further mark ups from the Committee on Justice.