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Law vs sexual assault in the first degree
On Sept. 16, 2015, Saipan Tribune and Marianas Variety published portions of an order issued by Associate Judge Joseph N. Camacho of the Superior Court. As quoted in the newspapers, the court’s order states that “[t]he Legislature inadvertently removed the safeguard for when a 16 or 17 year old does not consent to have sex with someone who is 18, 19, or 20 years old.” The court went on to state that “[t]his case is one of several that the court has seen when a 16 or 17 year [sic] is allegedly raped but the law can not [sic] protect these alleged victims—because there is no law [sic].”
The Office of the Attorney General wishes to state the law of the Commonwealth on this issue. A person is guilty of sexual assault in the first degree if:
(1) He or she is within the jurisdiction of the Commonwealth; and
(2) He or she
a. Engages in sexual penetration with another person without consent of that person; OR
b. Attempts to engage in sexual penetration with another person without consent of that person and causes serious bodily injury to that person; OR
c. Engages in sexual penetration with another person who the offender knows is mentally incapable AND who is in the offender’s care, by authority of law or in a facility or program required to be licensed in the Commonwealth; OR
d. Engages in sexual penetration with a person who the offender knows is unaware that a sexual act is being committed AND the offender is a healthcare worker AND the offender occurs during the course of professional treatment of the victim.
The defenses to sexual assault in the first degree are codified by 6 CMC § 1305. The ages of the victim and the offender are not relevant to a charge of sexual assault in the first degree.
Any person who commits a sexual assault may be punished by up to 30 years imprisonment and a fine of up to $50,000. 6 CMC § 1301(b).
The Office of the Attorney General wishes to be clear that any person that commits a sexual assault will be prosecuted to the fullest extent of the law.
Edward Manibusan
CNMI Attorney General
Capital Hill, Saipan
