Report Title:

First Degree Sexual Assault; Victims Less Than 18 Years Old

 

Description:

Provides that sexual assault in the first degree is committed when a person subjects to sexual penetration another person who is less than the age of consent.

 

THE SENATE

S.B. NO.

199

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to the penal code.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that persons under the age of eighteen are not able to appreciate the consequences of consenting to sexual intercourse. As a result, minors are vulnerable to sexual abuse and likely to irresponsibly engage in sexual relationships. Current Hawai'i law permits sexual intercourse with consenting minors as young as fourteen years old. This does not adequately protect minors from sexual abuse nor deter minors from irresponsibly engaging in sexual relationships.

There have been previous objections to raising the so-called "age of consent" which is currently fourteen years old. The rationale for this gradation has been the perceived social maturity of older minor females as a reason not to penalize their sex partners when they engage in consensual sex. This reasoning is an unfounded generalization that places an unreasonable burden on all minors to fully understand the consequences of entering into a sexual relationship. Minors should be free from this burden.

The legislature acknowledges the concern that minors who eventually become pregnant or contract a sexually transmitted disease may be discouraged from seeking the necessary medical services if the age of consent is raised to eighteen years old. However, deterrence of sexual abuse and irresponsible sexual relationships is the primary objective. By raising the age of consent, a clear message is sent to minors and adults that sexual intercourse with minors is never appropriate. Medical services will continue to be available and minors will be encouraged to seek the medical attention they need regardless.

The purpose of this Act is to protect minors from sexual abuse and deter irresponsible sexual relationships by raising the age of consent to eighteen years old over four years beginning January 1, 2002.

SECTION 2. Section 707-730, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

"(1) A person commits the offense of sexual assault in the first degree if:

(a) The person knowingly subjects another person to an act of sexual penetration by strong compulsion;

(b) The person knowingly subjects to sexual penetration another person who is less than [fourteen years old] the age of consent; provided this paragraph shall not be construed to prohibit practitioners licensed under chapter 453, 455, or 460, from performing any act within their respective practices. For purposes of this subsection, the age of consent shall be fifteen years old for the 2002 calendar year, sixteen years old for the 2003 calendar year, seventeen years old for the 2004 calendar year, and eighteen years old for the 2005 calendar year and thereafter."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect on January 1, 2002.

INTRODUCED BY:

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