One of three 18-year-old men accused of raping a 16-year-old girl at a graduation party in 2018 is on trial for his alleged role.
The sexual acts were captured on video and shared on social media.
Vianney Hosei was identified as one of the 18-year-old men in the video. He is on trial and has maintained his innocence, disputing two counts of first-degree criminal sexual conduct.
Lead prosecutor Christine Tenorio described the events that led to the case.
"Sometime in November 2018, three then-18-year-old males called a 16-year-old female over to one of their houses in the middle of the night, they called her over to drink," Tenorio said.
Tenorio said the victim snuck out of her Sinajana home, the teens bought beer from a gas station, and went to Burton Borja's Pagat home.
Tenorio said the victim got drunk from vodka and beer.
The "victim got so intoxicated ... does not remember having sex that night," said Tenorio.
According to Tenorio, the victim didn't know about the video until she saw it circulating on social media.
Burton Borja, Dwayne Piyelit, and Hosei were identified in the video engaging in sexual acts with the victim.
The government video was shown to the jury out of the public view. But Tenorio provided a graphic description of the sexual acts while the girl laid on a bed, eyes closed and incoherent.
Piyelit saved the video on his phone. Tenorio said Joleen Rankin, the fourth defendant in the case, went into Piyelit's phone, sent it to herself on social media, and then shared it on social media.
"This is not a case about a bunch of kids having fun … this is a case of a 16-year-old being violated by three adults at the same time," Tenorio said.
Piyelit, Borja, Rankin each took a plea deal with the government while Hosei pleaded not guilty.
Hosei's attorney, Peter Santos, contended that the victim lied about her age, said Hosei believed she was of age, and the incident, although frowned upon, was not illegal.
By Guam law, sexual contact by force or coercion when a victim is mentally incapacitated or physically helpless is a criminal offense.
Santos said Hosei didn't know about the video until after the victim learned about it.
"He didn't know it existed, and that is why he was not charged with child pornography," Santos said.
"When the victim found out about the video, the victim's family is devout churchgoers, and this is devastating; victim sees this and didn't want to report it; she didn't want her family to learn about it," Santos said.
The victim and her mother reported the incident to the police. It was also reported to the Guam Crime Stoppers by a school official.
The first to testify was Domestic Assault and Response Team detective Mary Jane Raval. She tracked down the video.
The "video was very graphic, said Raval. "Yes, it has a minor in it, but at the time, I didn't know if she was a minor or not. I needed to find the individual who shared it to the Guam Crime Stoppers."
Raval tracked down the anonymous tipster who pointed her toward Rankin and the victim. The victim then identified who was in the video.
The trial will continue Thursday with testimony from co-defendants and the victim.