By Johnnie Rosario
Lt. Steve Amaguin, special assistant to the chief of police, confirmed on Kandit Live this morning that there is no statute of limitations for first or second degree felony rape, and there hasn't been one since May 24, 2011.
This means a person who commits first or second degree rape any time from May 24, 2011 to the present time can be charged with those crimes, no matter how old the case is.
Over the weekend, a woman whom we have aliased as 'Jennifer,' told Kandit News that she tried to file a rape complaint against seaport police officer Frank San Nicolas with the Guam Police Department on June 8, 2020. She told a police officer the rape occurred some time in June 2016.
The police officer, Jennifer said, told her the statute of limitations to charge the crimes had lapsed. According to Jennifer, the police officer said the guidance came from the prosecutor on Mr. San Nicolas's existing rape case.
Mr. San Nicolas was arrested June 3, 2020 after several women filed rape complaints against him. He was later released pending trial.
His arrest prompted Jennifer to come forward to report him. She said she has spoken with one of the original women, 'Elizabeth,' who filed complaints against him; and Elizabeth said there are six or seven other women who want to file complaints, but are too scared to do so.
According to Jennifer, Mr. San Nicolas lured her to secluded ancient Hila'an village, drugged her, raped her, then threatened to harm her and her family if she told anyone what happened.
According to Guam's sex crimes statute, the crime Jennifer describes is first degree rape.
And according to Guam's laws dictating statutes of limitation for various crimes, there is no statute of limitations for first degree rape.
"That's correct, there is no statute of limitations for first or second degree [criminal sexual conduct]," Lt. Amaguin told Kandit News.
When asked why a police officer would tell a reporting victim otherwise, Lt. Amaguin said he would look into the matter, and offered for the woman to contact him directly to make the complaint.
Carlina Charfauros, spokeswoman for the attorney general, told Kandit Sunday their office would never turn away a report, and takes reports of CSC seriously.
Mr. San Nicolas is a long time police officer with the seaport, and also is a traditional healer (suruhanu) and considered by many to be an upstanding citizen. Kandit first reported on the allegations against him on May 29 -- two weeks after the first woman filed a complaint with police against him.
Another complaint by another woman was filed in between that period, and a third complaint filed the day Kandit broke the story. He was not arrested until June 3, sparking criticism and suspicion that authorities have provided Mr. San Nicolas with special treatment, or would not have acted without public pressure for the department to act.