The Supreme Court of Guam has affirmed most of the convictions against Joseph Marc Thomas Duenas Castro Jr. in a criminal sexual conduct case involving a minor, reversing and dismissing one count, according to an opinion issued Monday.
Castro appealed his convictions stemming from allegations involving a female minor identified as K.B., who was between 9 and 10 years old at the time of the incidents in 2019. He was convicted of one count of first-degree criminal sexual conduct for sexual penetration and three counts of second-degree criminal sexual conduct for sexual contact and sentenced to 30 years in prison for the first-degree conviction and 10 years for each second-degree count, to be served concurrently.
In its opinion, authored by Associate Justice Katherine A. Maraman and joined by Chief Justice Robert J. Torres and Associate Justice F. Philip Carbullido, the court affirmed two second-degree convictions related to conduct at Apaca Point Beach and the first-degree conviction tied to conduct in the victim’s bedroom. The court found sufficient evidence based on the victim’s testimony and rejected arguments that her statements were too vague, noting that technical anatomical definitions are not required under Guam law.
However, the court reversed and dismissed one second-degree conviction connected to the bedroom incident, ruling that punishing Castro for both sexual penetration and sexual contact arising from the same uninterrupted act violated Guam’s prohibition against multiple punishments for the same offense. The court also rejected claims of improper jury instructions and confrontation rights violations and remanded the case for entry of a new judgment and resentencing consistent with the opinion.