Honolulu Criminal Defense Attorney

Call Today!

888.387.3216

Understanding the Sexual Assault Laws in Hawaii

Understanding the Sexual Assault Laws in Hawaii

In the state of Hawaii, most sex crimes will fall under the scope of first, second, third or fourth degree sexual assault. While there were previously separate charges for offenses like rape and statutory rape, most of these crimes now fall under the umbrella of "sexual assault." The severity of these charges will depend on a number of different factors, however, including the victim's age and the manner in which the sexual assault was committed.

Unlike most other states in the U.S., which have set the legal age of consent at 18, a minor who is at least 16 years old can consent to having sexual intercourse with an adult in Hawaii. Up until 2001, the age of consent was actually 14. If the minor is at least 14 years, however, they can still agree to engage in sexual acts with someone who is no more than five years their senior. This of course does not apply to cases of non-consensual sex.

Sexual Assault in the First Degree – Class A Felony

You could face penalties for a Class A felony if you are charged with sexual assault in the first degree. According to HRS § 707-730, you would be guilty of this offense if you have sexually penetrated another person under the following circumstances:

  • Through the use of "strong compulsion" or force
  • With a minor who is 14 years old or younger
  • With a minor who is between 14 and 16 years old
    • You are at least five years older
  • With another person who is mentally handicapped
  • With a person to whom you administered drugs

If you are convicted, you could face up to 20 years in state prison and $50,000 in fines.

Sexual Assault in the Second Degree – Class B Felony

You could face penalties for a Class B felony if you are charged with sexual assault in the second degree. According to HRS § 707-731, you would be guilty of this offense if you have sexually penetrated another person under the following circumstances:

  • Through the use of compulsion or force
  • With a person who is incapacitated or physically helpless
  • With an inmate as a correctional facility employee

If you are convicted, you could face up to 10 years in state prison and $25,000 in fines.

Sexual Assault in the Third Degree – Class C Felony

You would be prosecuted for a Class C felony if you are charged with sexual assault in the third degree. According to HRS § 707-732, you would be guilty of this sex crime if you have engaged in illicit sexual contact with another person under the following circumstances:

  • Penetration is achieved through compulsion or force
  • Sexual contact is made with a minor under the age of 14
  • Sexual contact is made with a minor who is 14 – 16 years old
    • You are at least five years older
  • Sexual contact is made with a mentally handicapped person
  • A correctional facility worker makes sexual contact with an inmate

If you are convicted, you could face up to five years in prison and $10,000 in fines.

Sexual Assault in the Fourth Degree – Misdemeanor

You would be charged with a misdemeanor offense if you have been accused of committing sexual assault in the fourth degree. According to HRS § 707-733, you could be found guilty of this crime if you engage in any of the following acts for your own sexual gratification:

  • Sexual contact with another person through compulsion
  • Exposing your genitals to another person in an alarming manner
  • Trespassing for the purpose of "peeping" on another person

If you are convicted, you could face up to one year in jail and $2,000 in fines.

The Law Office of Victor Bakke, ALC Is Here to Help

Have you been charged with sexual assault in Hawaii? If so, you should waste no time in contacting the Honolulu criminal attorney at The Law Office of Victor Bakke, ALC. With more than two decades of experience and a track record that includes 3,000+ case victories, Victor Bakke is the one that you will want on your side in the face of serious sex crime allegations. Getting started is as easy as filling out a case evaluation form online.

Don't wait to act when your future is on the line! Contact us now.

Categories