Age is a factor, not just consent by Annaleah Atkinson – Special to The Garden Island A female teenager wanted clarity about sexual assault. In Hawai‘i there are four degrees of sexual assault, all of which are felonies except for
Age is a factor, not just consent
by Annaleah Atkinson – Special to The Garden Island
A female teenager wanted clarity about sexual assault. In Hawai‘i there are four degrees of sexual assault, all of which are felonies except for sexual assault in the fourth degree, which is a misdemeanor. A person commits the offense of sexual assault in the fourth degree if the person:
• Knowingly subjects another person to sexual contact by compulsion or causes another person to have sexual contact with the actor by compulsion. This may include smacking another person’s bottom, or fondling a person’s sexual parts.
• Knowingly exposes his/her genitals to another person under the circumstances in which the actor’s conduct is likely to alarm the other person or put the other person in fear of bodily injury.
• Knowingly trespasses on property for the purpose of subjecting another person to surreptitious surveillance [secret watching] for the sexual gratification of the actor — the nickname for this is being a “peeping Tom.”
A person commits sexual assault in the third degree if the person:
• Recklessly subjects another person to an act of sexual penetration by compulsion.
• Knowingly subjects to sexual contact another person who is less than 14 years old or causes such a person to have sexual contact with the person.
• Knowingly engages in sexual contact with a person who is at least 14 years old, but less than 16 years old, or causes the minor to have sexual contact with the person provided that the person is not less than 5 years older than the minor and the person is not legally married to the minor. That means that if an unmarried child is 14 to 16 and the perpetrator is 5 years older, it’s a felony to have sexual contact with that child! This is true for boys as well as girls. The child or the parents may press charges, even if it is a family member.
• Knowingly subjects to sexual contact another person who is mentally defective, mentally incapacitated or physically helpless, or causes such a person to have sexual contact with the actor.
• While employed in a state or private correctional facility or employed by a private company providing community-based residential services to persons committed to the director of public safety knowingly subjects to sexual contact an imprisoned person.
• Knowingly, by strong compulsion, has sexual contact with another person or causes another person to have sexual contact with the actor.
A person commits sexual assault in the second degree if the person:
• Knowingly subjects another person to an act of sexual penetration by compulsion.
• Knowingly subjects to sexual penetration another person who is mentally handicapped or incapacitated or physically helpless.
The other cases involve subjecting incarcerated, or people in custody to sexual penetration.
A person commits sexual assault in the first degree if the person”
• Knowingly subjects another person to an act of sexual penetration by strong compulsion.
• Knowingly engages in sexual penetration with another person who is less than 14 years old. That means that it is against the law to penetrate a child sexually who is 13 or younger. The child or parents may press charges, even if it is a family member.
• Knowingly engages in sexual penetration with a person who is at least 14 years old, but less than 16 years old — provided that the person is not less than 5 years older than the minor and they are not legally married.
Well, it wasn’t a fun task to read or write all of that. I hope that our youth know their rights now. And to the older teens, better get an age check on the person of your dreams, as it is against the law to have sexual contact with a 13 year old or teens age 14 or 15 if you’re more than 5 years older than they are.
• Annaleah Atkinson is the Teen Court manager for Hale ‘Opio Kaua‘i. She can be reached at aatkinson@haleopio.org, or Hale ‘Opio Kaua‘i Inc., 2959 Umi St., Lihu‘e, HI 96766.
