House to address Palacios’ status

The House of Representatives will convene to get a consensus on how to address the case of Tinian congressman Norman S. Palacios in view of the Supreme Court’s recent decision affirming his conviction on assault and battery charges for touching a woman’s private part about three years ago.

House leadership spokesman Charles Reyes Jr. said the House will look at the facts and apply the law.

“This will be discussed thoroughly and there’s a need to get a consensus. We’ll see the legal guidelines [on] how to handle this. We’ll apply House rules and do the right thing. We will address this immediately,” said Reyes yesterday.

Norman is currently the chair of the House Committee on Ways and Means. He is a member of the six-member House panel appointed to meet with the Senate to discuss the 2005 budget.

On Wednesday, the CNMI High Court agreed with the trial court’s 2002 ruling that Palacios was guilty of assault and battery. The Superior Court also convicted him of disturbing the peace.

Associate justices Alexandro Castro and John Manglona dismissed Palacios argument that “because the brief sexual touching actually hurt the victim and did not arouse or gratify [him], there can be no assault and battery by sexual conduct.”

They said that evidence showed that Palacios’ action was for the purpose of sexual gratification, saying that individuals do not routinely go around touching the private parts of hostesses that greet them at dining establishments.

Chief justice Miguel Demapan, however, disagreed with the majority opinion, saying that “evidence is not there to satisfy the requirement [of] sexual arousal or gratification.”

Palacios had argued that touching the woman for “less than a second” does not conclusively establish that the action was intended to gratify sexual desire.

His lawyers had said that the intention for sexual gratification is an essential requisite to establish sexual contact as defined by the Commonwealth Code. The code penalizes sexual contact with another without the latter’s consent.

The lawmaker reportedly touched the private parts of a waitress at the Port of Call Bar on Tinian in November 2001 after the woman greeted him and other guests.

Palacios reportedly walked in front of her and reached down his right hand and placed the top of the palm side on her private parts.

“He touched her hard and removed his hand within seconds. He then proceeded to his table and sat down beside his guests,” the Supreme Court said.

Associate Superior Court judge David Wiseman convicted Palacios of assault and battery for non-consensual sexual contact. He was placed under probation and was tasked to perform 100 hours of community service.

The trial also ordered him to spend 15 days in jail , all suspended, for disturbing the peace.