Man charged with sex with minor when he was 16

A 19-year-old man accused of having sex with a 13-year-old girl when he was 16 is set to go to trial next week.

December 14, 2012Updated: December 14, 2012
KUAM NewsBy KUAM News

by Nick Delgado

Guam - A 19-year-old man accused of having sex with a 13-year-old girl when he was 16 is set to go to trial next week. Joseph Anthony Quintanilla faces charges of 1st degree criminal sexual conduct. His defense attorney, Mikaela Silkey-Henderson, argues her client was ignorant of the law, adding the relationship between the two was consensual.

But the court first wants evidence proving the defense's argument. "The problem with this case is everybody in Guam is in danger, their constitutional rights is in jeopardy because there is no statute of limitations for 1st degree CSC, which means that at any time the police or government can decide to prosecute people so if anyone in Guam had sex in high school who was under 14, even if you were 15 or 16 you could be arrested for a 1st degree CSC," she said.

Quintanilla faces 15 years to life in prison, and Henderson argues that would be cruel and unusual punishment for something her client didn't know was a crime. Jury selection and trial is set for December 19 at 9am.