Hawaii Sexual Battery Laws

Sexual Battery in Hawaii refers to sex crimes not typically covered by rape statutes, such as unlawful sexual contact. Sexual battery is often characterized as sexual touching or penetration without consent of the person. The mere touching of another person for the purpose of sexual gratification qualifies as sexual battery. Penetration does not have to occur, unlike a rape charge.

In Hawaii, 1st degree sexual assault is defined as:

• knowingly subjects another to an act of sexual penetration by strong compulsion;
• knowingly engages in sexual penetration with another who is less than fourteen years old; or
• knowingly engages in sexual penetration with a person who is at 14 but less than 16 and the defendant is not less than five years older than the minor and not legally married to the minor.

2nd degree sexual assault is defined as:

• knowingly subjects another person to an act of sexual penetration by strong compulsion;
• knowingly subjects to sexual penetration another person who is mentally defective, mentally incapacitated, or physically helpless; or
• While employed (as variously listed employees responsible for maintaining custody of persons) knowingly subjects to sexual penetration an imprisoned person, a person confined to a detention facility, a person committed to the director of public safety, a person residing in a private correctional facility operating in the State of Hawai`i, or a person in custody.

Penalties for Sexual Battery in Hawaii 

The penalties for sexual battery in Hawaii depend on the charges issued and the circumstances surrounding the crime.

• For 1st degree sexual assault:  Class A felony punishable by up to 20 years in prison
• For 2nd degree sexual assault: Class B Felony punishable by up to 10 years in prison

Defense of a Sexual Battery in Hawaii 

The list of defenses for Sexual battery in Hawaii here is not exclusive, but are the most common defenses used, which include:

• Consent (Sexual battery of a minor cannot use consent defense, nor can consent be used if the victim lacked the capacity to do)
• Insufficient evidence of incident (lack of physical evidence, lack of eyewitnesses)
• Improper police procedure (illegal questioning, sloppy evidence handling)
• False allegations/credibility issues (“he said, she said”, jilted/angry partner)

Attempted Sexual Battery in Hawaii  

Attempted sexual battery occurs when the prosecution can prove that there was an intent by the defendant to place the victim in immediate threat and danger of sexual battery. If the prosecution can show a specific intent to commit a sexual battery, you can be found guilty. Common examples of this would be locking a victim in the bedroom for the purpose of sexual activity or drugging a victim with the intent of sexual contact.

When to Talk to a Lawyer 

If you are charged with a sexual battery, it is critical to speak with a lawyer immediately. Getting a lawyer on your case immediately will assure that your rights are protected, that any evidence that can help you is preserved and the police and prosecution follow proper protocol. Sexual battery charges are serious crimes that have life altering consequences, and you should have an experienced criminal defense lawyer who can help your defense.