Hawaii Rape and Sexual Assault Laws

Hawaii's sexual assault laws include all forms of nonconsensual sexual conduct. Hawaii revised its rape and sexual abuse laws, making them gender-neutral and not dependent on the age of consent. In the state of Hawaii, sexual assault includes rape, statutory rape, and unwanted sexual contact.

In general, any sexual act without the other person's consent meets Hawaii's definition of sexual assault. The state has four degrees of sexual assault, with decreasing levels of severity and penalties for each.

Definitions: For purposes of these statutes (HRS § 707-700):

• Sexual penetration: Vaginal, oral, or anal intercourse.
• Sexual contact: Any sexual contact other than sexual penetration of the genitals or other intimate parts of the offender or victim.
• Compulsion: Absence of consent or a real or implied threat that places the person in fear of public humiliation, property damage, or financial loss.
• Strong compulsion: Real or implied threat of physical force, use of a dangerous weapon, or other act that places the victim in fear of bodily injury or death.

Hawaii's Sexual Assault Laws

First-degree sexual assault (Hawaii Revised Statutes § 707-730)

Knowingly subjecting:

• Another person to sexual penetration by strong compulsion
• A mentally defective person to sexual penetration or
• A person who is mentally incapacitated or physically helpless due to the influence of a substance that the offender knowingly administered without the victim's consent to sexual penetration

Knowingly engaging in sexual penetration with:

• A person who is less than 14 years old, or
• Someone who is between 14 and 16 years old, if the offender is more than five years older than the minor and isn't married to the minor (The "Romeo and Juliet" exception)

Second-degree sexual assault (HRS § 707-731)

Knowingly subjecting:

• Another person to sexual penetration by compulsion
• A person who is mentally incapacitated or physically helpless to sexual penetration or
• An imprisoned person to sexual penetration, if the offender is a corrections officer or law enforcement officer
• A person at least 16 years of age to sexual penetration, if the offender is a teacher or instructor

Third-degree sexual assault (HRS § 707-732)

Recklessly subjecting another person to sexual penetration by compulsion.

Knowingly subjecting:

• Someone who is less than 14 years old to sexual contact
• A mentally defective, mentally incapacitated, or physically helpless person to sexual contact
• An imprisoned person to sexual contact if the offender is a corrections officer or law enforcement officer
• Another person to sexual contact by strong compulsion

Knowingly engaging in sexual contact with someone who is between 14 and 16 years old, if the offender is at least five years older than the minor and isn't married to the minor.

Fourth-degree sexual assault (HRS § 707-733)

• Knowingly subjecting another person to sexual contact
• An offender knowingly exposes their genitals to another person under circumstances that the act would likely alarm the other person or put the victim in fear of bodily injury or
• Knowingly trespassing on property to subject another person to surveillance for the offender's sexual gratification

Penalties

• First-degree sexual assault: Class A felony. (§ 706-659) An indeterminate sentence of 20 years without parole in a state correctional facility.
• Second-degree sexual assault: Class B felony. (§ 706-660) Not more than 10 years or less than five years.
• Third-degree sexual assault: Class C felony. (§ 706-660) Not more than five years, or less than one year.
• Fourth-degree sexual assault: Misdemeanor. (§ 706-663) No more than one year in jail.

All penalties are subject to weapons, hate crimes, and other sentencing enhancements.

Continuous Sexual Assault of a Minor

In Hawaii, it is a class A felony to continually sexually assault a minor who is less than 14 years old (HRS § 707-733.6). Continuous sexual assault happens when the offender resides in the same house as a minor less than 14 years old, has recurring access to the minor, and engages in three or more acts of sexual assault as defined.

More Resources

• Sex Crimes
• The Sex Offender Registration and Notification Act
• State Rape Laws

Get Legal Advice from a Hawaii Criminal Defense Lawyer

The offense of sexual assault is serious and can lead to decades in prison. Anyone facing criminal charges for a sex crime needs legal help from a Hawaii criminal defense lawyer to protect their rights and get the best outcome for their case.

If you are a rape or sexual assault survivor, there is help available to you. During an emergency, dial 911, and when you're safe, contact the Hawaii Coalition Against Sexual Assault.