Honolulu Sexual Assault Lawyer

Hawaii’s Sexual Assault Laws

Hawaii’s sexual assault states cover many sexual offenses. Instead of being charged with rape or statutory rape, you’ll be charged with some degree of sexual assault.

It’s also important to know Hawaii’s age of consent is 16 years old. Any person 16 years or older can consent to sexual activity. However, If you’re accused of rape, the other party’s age might not matter. It doesn’t matter if the alleged victim was above the age of consent if they didn’t agree to the sexual activity.

Sexual Assault in the First Degree in Hawaii

You can be charged with first-degree sexual assault if you knowingly:

1. Subject another person to sexual penetration by strong compulsion;
2. Engage in sexual penetration with a minor younger than 14 years old;
3. Engage in sexual penetration of a person between 14 and 16 years old, and you are at least five years older;
4. Subject a person who is mentally incompetent to sexual penetration; or
5. Subject a person to sexual penetration who is mentally incapacitated or physically helpless due to you administering a substance without their consent.

If you’re accused of sexual assault in the first degree, call a rape lawyer immediately. It’s the most serious degree of sexual assault and is charged as a Class A felony.

Defining Penetration

Though this degree of sexual assault involves numerous scenarios, the prosecutor must prove penetration. This does not mean only penetration of a vagina by a penis or completion of sexual intercourse. The prosecutor only has to prove an intrusion of any part of a person’s body or an object into another person’s genitals or anus. Sexual penetration also involves oral sex.

Understanding Statutory Rape Charges

You can be charged with a crime for a sexual activity you believed to be consensual if the other participant wasn’t old enough to consent. If you engage in sexual activity with someone 15 years or younger, it’s a crime. Prosecutors in Hawaii don’t need to prove compulsion for a statutory rape charge.

Sexual Assault in the Second Degree in Hawaii

You can be charged with second-degree sexual assault if you knowingly subject:

• A person to sexual penetration by compulsion;
• A person who is mentally incapacitated or physically helpless to sexual penetration;
• An imprisoned person to sexual penetration through your job as a law enforcement officer, at a correctional facility, or a private business serving a correctional facility; or
• A minor younger than 16 years old to sexual penetration when acting in a capacity to instruct, advise, or supervise that minor, and you are at least five years older.

Sexual assault in the second degree is a Class B felony and involves sexual penetration, though under slightly different circumstances than first-degree sexual assault.

Understanding Compulsion

First-degree sexual assault requires strong compulsion, while second-degree sexual assault requires compulsion. Strong compulsion means physical force, a dangerous instrument, or a threat that places someone in fear of being kidnapped or hurt. Compulsion means the absence of consent or a threat that places a person in fear of humiliation, property damage, or financial loss.

These details are why you must hire a sexual assault defense attorney. Michael Fayard will scrutinize every detail in the case and the charges. He’ll carefully review whether the charges are appropriate for the circumstances or if there’s room to negotiate for reduced charges.

Sexual Assault in the Third Degree in Hawaii

You can be charged with third-degree sexual assault if you:

• Recklessly subject another person to sexual penetration by compulsion;
• Knowingly subject a minor younger than 14 years old to sexual contact;
• Knowingly engage in sexual contact with a minor who is between 14 and 16 years old, and you are at least five years older;
• Knowingly subject a person who is mentally incompetent, mentally incapacitated, or physically helpless to sexual contact;
• Knowingly subject an imprisoned person to sexual contact through your job as a law enforcement officer, at a correctional facility, or a private business serving a correctional facility; or
• Knowingly have sexual contact with another person by strong compulsion.

Sexual assault in the third degree covers a wide range of situations. You can be charged with a Class C felony if you recklessly perform sexual penetration by compulsion or knowingly cause sexual contact by strong compulsion. The difference between these scenarios is another reminder to hire a sex assault lawyer. There are differences between strong compulsion and compulsion, knowingly and recklessly doing something, and penetration and sexual contact.

Sexual Assault in the Fourth Degree in Hawaii

You can be charged with fourth-degree sexual assault if you knowingly:

• Subject another person to sexual contact by compulsion or cause another person to have sexual contact with you by compulsion;
• Expose your genitals to another under circumstances in which your conduct is likely to alarm the other person or put them in fear of bodily injury;
• Trespass on property to subject another person to surveillance for your sexual gratification; or
• Engage in or cause sexual contact with a minor younger than 16 years old when you’re acting in a professional capacity to instruct, advise, or supervise the minor, and you’re at least five years older.

Sexual assault in the fourth degree is a misdemeanor. You can see that each higher degree of sexual assault involves circumstances the law deems less serious or significant. This degree doesn’t mention sexual penetration at all. It talks about sexual contact, which means any touching other than sexual penetration of another person’s sexual or intimate parts, whether directly or through clothing or other material.

If you’re facing a misdemeanor sexual assault charge, you might not take it as seriously as a felony. But you should. An experienced defense attorney should handle all sexual assault charges. That’s the best way to fight against a conviction.

Continuous Sexual Assault of a Minor Under 14

You can be charged with a Class A felony if you engage in three or more acts of sexual penetration or sexual contact with a minor over a period, while the minor is under the age of 14 years, and you either live in the same home as the minor or have recurring access to them.

Penalties for Sexual Assault

The criminal penalties for sexual assault involve fines, imprisonment, and sex offender registration.

• Class A Felony: Up to 20 years in prison and fines up to $50,000.
• Class B Felony: Up to 10 years in prison and fines up to $25,000.
• Class C Felony: Up to five years in prison and fines up to $10,000.
• Misdemeanor: Up to one year in jail and fines up to $2,000.

Sex Offender Registration

You’ll also be on the sex offender registry for 10 years, 25 years, or life, depending on whether you’re convicted for a Tier 1, Tier 2, or Tier 3 offense. Many sexual assault offenses are Tier 2 or Tier 3 offenses, which means you’ll register for a minimum of 25 years, if you maintain a clean record, or life, respectively. With Tier 3 offenses, a court won’t terminate your registration requirement.

If you’re required to register, there’s no getting away from it. If you fail to register or fail to check in with authorities each year, you can be charged with a Class C felony for failure to register as a sex offender.

A Lawyer Can Defend You

False accusations of a sex crime, or a serious misunderstanding, can make you feel hopeless, scared, or resentful. But under these circumstances, you can’t focus on your emotions or wishing the allegations away. You also can’t handle the issue yourself. The best thing for you to do is to avoid speaking with anyone about the case, especially the police. Don’t agree to an interview or answer any questions if you’re arrested. Invoke your right to remain silent and then call sexual assault lawyer Michael Fayard to represent you.

Reach out through the online form or call 808-445-6708 to schedule a free consultation right away.