States routinely prohibit certain types of consensual sexual activity. While statutory rape may appear to involve consenting partners, minors have no legal ability to give consent. So in Hawaii, prohibited consensual activity laws are mostly limited to public lewdness and obscenity. That said, victims of sexual assault may request that their convicted attacker be tested for HIV.
Details about Hawaii's prohibited consensual sexual activity laws are listed below. See FindLaw's Sex Crimes section for related information.
|Sodomy Laws Applicable to
|Penalty for Sodomy
|HIV Exposure and Compelled Testing for Offenders
||§325-16.5 Upon request of the victim, the court shall order an HIV test of the charged person after a probable cause determination
|Other Crimes Relating to Consensual Sex Acts
||707-734 Indecent exposure: petty misdemeanor
712-1217 Open lewdness: petty misdemeanor
Note: State laws are constantly changing -- contact a Hawaii criminal defense attorney or conduct your own legal research to verify the state law(s) you are researching.
History of Prohibiting Consensual Sexual Activity
Although these statutes may seem antiquated today, there is a long history of prohibiting many forms of consensual sexual activity. Some of the most well-known laws include those prohibiting homosexuality. Many states had already repealed or struck down anti-homosexuality and anti-sodomy laws on their own.
However, in the landmark case Lawrence v. Texas the Supreme Court of the United States struck down a Texas law that prohibited homosexual acts. As a result of the decision in that case, sodomy laws were struck down in thirteen other states as well. However, this Supreme Court decision did not strike down all laws that prohibit consensual sexual activity.
Hawaii Prohibitions of Consensual Sexual Activity
Even after the Lawrence v. Texas case, some states still have not repealed their bans on sodomy. Hawaii does not have any sodomy laws on the books. Hawaii's current prohibitions on consensual sexual activity fall under sex crimes.
Hawaii currently prohibits lewd sexual activity. The law defines the prohibited activities as sexually offensive acts that are likely to be observed by non-consenting persons who are affronted by the acts. This generally encompasses exposing one's genitals to a non-consenting person. The law makes the punishment for this crime more severe when the offender intentionally exposes his or herself to a child.
Age of Consent
Many states have different ages for the age of consent to sexual activity. In Hawaii, the age of consent is 16. Thus, it's a crime to knowingly engage in sexual penetration with someone under age 14 or with someone between age 14 and 16 when the offender is more than five years older.
If you would like to know more about laws prohibiting consensual sexual activity, you may want to speak with a Hawaii attorney with criminal law experience in your area.