Hawaii Rape and Sexual Assault Laws
Created by FindLaw's team of legal writers and editors | Last updated June 20, 2016
Generally, sexual assault refers to any crime involving unwanted and offensive sexual touching. In Hawaii, rape (or non-consensual intercourse that is committed by force, threat, or duress) is criminalized under the state's sexual assault laws. Hawaii's sexual assault laws are broken down into four degrees, with first-degree sexual assault applying to the most serious sex crimes. The chart below outlines Hawaii's four degrees of sexual assault.
Code Section |
Hawaii Revised Statutes section 707-730 |
First-Degree Sexual Assault |
Knowingly subjecting:
Knowingly engaging in sexual penetration with:
|
Second-Degree Sexual Assault |
Knowingly subjecting:
|
Third-Degree Sexual Assault
|
Recklessly subjecting another person to sexual penetration by compulsion. Knowingly subjecting:
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
|
|
Penalties |
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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. This offense is committed when an offender resides in the same house as a minor who is less than 14 years old, or has recurring access to the minor, and engages in three or more acts of sexual penetration or sexual contact with the minor.
Additional Resources
State laws change frequently. For case specific information about Hawaii's rape and sexual assault laws contact a local criminal defense lawyer.
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.
Next Steps: Search for a Local Attorney
Contact a qualified attorney.