Information on Sexual Violence
 
Sexual Violence - An Overview
Child Sexual Abuse
Dangers Online
Sexual Violence Statistics
Hawaii Sexual Assault Statutes
 
 
Sexual Violence - An Overview


Sexual violence is a serious public health issue.  It often results in significant and lasting consequences for victims, families, and communities. The term “sexual violence” covers a range of behaviors commonly referred to as sexual assault, sexual abuse or sexual harassment. Hawaii’s sexual assault statutes cover four degrees of sexual assault ranging from Class A felonies to petty misdemeanor offenses. (See Hawaii Sexual Assault Statutes).

Sexual violence is broadly defined as any forced, tricked or coerced sexual activity. It can involve both contact and non-contact activity and occurs when the victim does not consent or when is unable to do so (e.g., due to age, disability, incapacitation through the drug or alcohol use).

Sexual violence includes:

Sexual Harassment – Unwanted, usually repeated, sexually explicit statements, gestures or physical contact. It covers a broad range of activities such as pinching or grabbing body parts, sexually explicit gesturing and pressuring a person for sexual favors.

Exposure – Showing one’s private parts to another or when a person is tricked, forced or bribed into showing his or her own private parts to another. Flashing and “Peeping Tom” activities are considered exposure.  Also included are activities such as making another view sexual activity or exposing them to sexually explicit materials via videos, websites, magazines, etc. Sexual predators often groom their child victims in this way.

Fondling – Either having one’s sexual parts touched or being made to touch another person’s sexual parts over or under clothing.

Penetration – Penetrating another person’s body openings (vagina, mouth, anus) with a penis, finger, tongue or any other object.  Rape is a form of penetration.

 
 
 
Child Sexual Abuse

Sexual abuse of children can take a variety of forms. While nearly always perpetrated by individuals acquainted with the child, it may occur over short or long periods of time and may be accompanied by varying levels of coercion or physical violence.
 
Child sexual abuse cases generally fall into two categories.  “Intra-familial” or “family related sexual abuse” refers to cases in which the perpetrator is a family member or relative of the victim (e.g., a parent, step-father, older sibling, uncle) or someone who lives within the family home and may be responsible for caring for the child (e.g., mother’s boyfriend).  “Extra-familial” or “non-family related sexual abuse” refers to abuse by someone outside of the family (e.g., babysitter, teacher, coach, boy scout leader, youth ministry leader).

In this section:
How Sex Offenders Groom Children
Indicators of Child Sexual Abuse
Children's Response and Recovery from Sexual Abuse
 
 
How Sex Offenders Groom Children
 

In over 90 percent of child sexual abuse cases, the offender is known and trusted by the victim.  Grooming is the process used by the offender to recruit and prepare a child for sexual victimization. It starts when the offender targets a specific child.  While all children are at risk for victimization, certain factors make some children more vulnerable to sexual abuse than others.  For example, a child is especially susceptible if he or she feels unloved, has low self-esteem, has little contact with committed adults or regularly spends time unsupervised.

Sex offenders commonly engage children by spending time with them, playing games with them, showing them special attention or giving them gifts. Older children or teens may be offered drugs or alcohol.  Offenders forge an emotional bond through frequent contact, positive interactions and by conveying to the child or teen that they “understand” or can appreciate their interests and concerns.  They become adult friends or confidantes. 

In time, the emotional bond leads to non-sexual physical contact which can take the form of physical play such as wrestling, affectionate touching, giving back-rubs etc.  In this way the offender tests the child’s boundaries and gradually desensitizes the child to overt sexual touch.  Usually secrecy is introduced during the grooming process and as the child starts to become uncomfortable or fearful of the sexual activity, offenders typically use threats to keep the child from speaking up (e.g., if you tell, I will hurt you, you will get into trouble, no one will believe you).  Most child victims are caught in a web of fear, guilt and confusion as a result of sex offender grooming and manipulation.  Sadly, most child victims remain silent about their abuse.
 
 
 
Indicators of Child Sexual Abuse
 

Indicators of child sexual abuse are varied and should always be considered in the context of what else is happening in a child's life. Any one indicator, on its own, is but one sign that something may be impacting a child's well being.

Behavior Indicators

  • Unexplained change in a child’s comfort level (either attachment to or fear of) around a family member, an adult close to the family or any person in a position of trust or authority for the child.
  • Abrupt changes in performance in school or work.
  • Abrupt changes in how the child socializes, either being out with friends or being in the house more often.
  • For younger children, a sudden loss of skills, like a child who is toilet trained starts wetting the bed.
  • Extreme avoidance of someone the child once liked or avoidance of a certain house or room in a house.
  • Sexualized behavior, often in front of others; such as self-exposure, excessive masturbation, touching other people's private parts, sexually charged language. In older children or teens this might be seen as promiscuous behavior.
  • Language and knowledge, especially specific details, which are not appropriate to the child’s age or has not been taught or shown in school or the child’s household.

Physical Indicators

  • Bruises, scratches, irritation/itching around genitals that are not consistent with explanations of how they happened.
  • Signs of any sexually transmitted diseases or infections such as crabs, herpes, gonorrhea, etc. for those who are not sexually active.
  • Unexplained pregnancy.
  • Tenderness or soreness around areas of penetration.
Blood in stool or urine that is pervasive and not explained by other conditions. Underwear is often where proof of abuse may exist.
 



 
Children's Response and Recovery from Sexual Abuse
 

The speed and success of the child survivor's recovery depends, in large part, upon the degree to which these five factors played a role in the assault.

  1. Degree of intimacy/acquaintance between the victim and offender

    Nearly all child sexual abuse cases involve offenders known to the child,  such as by a caregiver or family acquaintance. The most highly reported cases of incest involve a father and daughter. The entire family unit is often dysfunctional in cases of incest.

    Assault committed by a relative or caretaker is often more traumatic to the child victim because the child's trust has been betrayed and sense of personal safety within the family is disrupted. The child may also feel betrayed by other family members (mother, siblings) who the child feels could have or should have intervened but did not.

  2. The time over which the abuse occurs

    Long-term, repeated abuse (characteristic of incest) is more traumatic to the victim than a single incident of assault (characteristic of stranger assault) because the long-term abuse may involve extreme psychological pressure, causing confusion and guilt in the child. A child is more likely to report a one-time event to parents or other caregivers, who may then help the child understand what happened.

  3. The relative intrusiveness of the abuse

    Incest situations generally involve abusive contact that progresses from lesser, though still traumatic contact (such as sexual talk, showing pornography, unwanted affection or contact) to more intrusive abuse (such as penetration) over time. The more intrusive the contact (such as penetration, oral sex, genital fondling) is the more traumatic it can be for the child.

  4. The way in which the child was engaged in "sexual" activity

    Actual physical violence may increase the trauma of assault for the child, but a victim who was tricked into sexual activity may have a more difficult time recovering from assault later. As with adult victims who were not physically harmed, the child victim who was emotionally overpowered may not be believed as readily by others, and may feel that he or she could have done something to stop or prevent the abuse.

  5. The response of the person to whom the child discloses the abuse

    If the person the child victim discloses the abuse to reacts with disbelief, anger, blame or indifference, it can re-traumatize the child and seriously undermine their recovery.
 
 
 
Dangers Online

The Internet is an exciting and evolutionary medium that has expanded and enriched the lives of millions.  Unfortunately, it has also resulted in offensive, distressing and sometimes dangerous online experiences for many young people.  A national survey involving a representative sample of youth ages 10 to 17 years old found:

  • About one in five received a sexual solicitation or approach over the Internet in the last year.
  • One in four had an unwanted exposure to pictures of naked people or people having sex in the last year.
  • One in 33 received an aggressive sexual solicitation from a person who asked to meet them somewhere; called them on the telephone, sent them regular e-mail, money or gifts.

Based on the above statistics, it is estimated that several million young people age 10 to 17 get propositioned online each year. Even if only a small percent of these incidents result in unlawful sexual contact, it would still amount to several thousand youth being impacted.

The survey also found that two thirds of those solicited were female and that a quarter of those solicited were 10 to 13 years old.  Surprisingly, only a one fourth of those solicited told a parent or guardian.

(David Finkelhor, Kimberly J. Mitchell, and Janis Wolak. Online Victimization: A Report on the Nation's Youth. Alexandria, Virginia: National Center for Missing & Exploited Children, 2000)


Social Networking Sites

Recently, there has been growing concern about the increasing popularity of social networking sites (such as MySpace, Friendster, Xanga) by teens and pre-teens.  MySpace.com alone now has close to eight million users.   Youngsters log on for hours weekly to communicate with friends, create blogs, post photos, and to meet new people. Unfortunately, these websites also provide sexual predators with a wealth of personal information on thousands of children and provides access to the most vulnerable.

Although sites such as MySpace say users must be at least 16 years old and cannot post suggestive photos, middle school youth are creating websites in droves and some, mimicking older users, display provocative photos of themselves to grab attention and frequently add a few years to their online profiles. While MySpace’s terms say users cannot include telephone numbers, last names or addresses, users often provide other detailed information about themselves ( e.g., their photo, school, daily activities, locations frequented) which erases any attempt at anonymity.

Sexual predators use social networking sites and chat rooms to hide their true age, identity and motives for interaction. They spend time building trust with their victims by appearing “cool,” concerned and understanding.  In time, through manipulation and increased knowledge of the victim, predators start to introduce sexual topics and the possibility of meeting the youth face-to-face.


Characteristics of Vulnerable Youth

Research has shown that certain characteristics are common among young people who develop close relationships with those they have met online. Some of these characteristics include:

  • Girls aged 14 to 17;
  • Boys who have low communication with their parents and whose parents have little knowledge of their friends and where they spend their time;
  • Youth in households with a high level of parent-youth conflict;
  • Youth suffering from troubling life events, depression, or prior victimization;
  • Youth who report high levels of Internet use.

(David Finkelhor, Kimberly J. Mitchell, and Janis Wolak. "Escaping or connecting? Characteristics of youth who form close online relationships." Journal of Adolescence 26, 2003.)


Cyberbullying

While sexual solicitations and unwanted exposure to sexual material online are often cited as the key online dangers for youth, cyberbullying or online harassement has become a serious concern. In a 2005, MindOh!, an educational company that tracks youth trends, reported that nearly 80 percent of the young people surveyed had read or spread gossip online, and more than half had visited a website that included put downs of peers.

Cyberbullies’ strategies include such things as demeaning instant messaging;  cruel comments about peers; anonymous postings on blogs; stealing someone else’s screen name and sending embarrassing, hurtful messages to friends or crushes; and  forwarding private or sexually provocative images to those who were not intended to see them.

While cyberbullying covers a range of behaviors, sexual harassment is key among them.  Body rating, sexual putdowns, and spreading sexual rumors has moved beyond the school yard and cafeteria into cyberspace.  The anonymity of cyberspace and the incredible speed and reach achieved at the click of a key has made this form of sexual harassment particularly devastating for young people. 

Tragic news stories about vulnerable youth who committed suicide in response to sometimes unrelenting cyberbullying emphasize the need to address this critical issue. Unfortunately, cyberbullies rarely see or understand the harm done and all too often young people unwittingly disseminate damaging online content.


Protecting Youth From Online Dangers

Educating young people about online dangers is a critical step in reducing the risk of victimization by online sexual predators and cyberbullies. This also increases the likelihood that a victim will tell a parent or other concerned adult.

Resources:
http://netsmartz.org, provides a wealth of current information on internet issues and an array of educational tools. 

www.cybertipline.com provides national online reporting.

The Hawaii State Department of the Attorney General http://hawaii.gov/ag/hicac provides education and prevention resources to protect Hawaii children in cyberspace.

 
 
 
Sexual Violence Statistics

Prevalence

One in four girls and one in six boys will be sexually assaulted by age 18. (Finkelhor, et al.1990)

In Hawaii, one in seven women has experienced a completed forcible rape during their lives. (Ruggiero, Kilpatrick. 2003)

One in six American women report experiencing an attempted or completed rape in their lifetime. (Tjaden, Thoennes 2000)

One in 33 American men report experiencing an attempted or completed rape in their lifetime. (Ibid)
 
Victims
 

Of all sexual assault victimizations reported to law enforcement agencies, 67 percent of victims were under 18 years of age, 34 percent were under 12 and 14 percent were six years old or younger. (Snyder 2000).

67 percent of women who were raped and/or physically assaulted since age 18 were assaulted by a current or former husband, cohabiting partner or date. (Tjaden, Thoennes 1998)

Over 90 percent of victims of sexual assault 12 years or older are female. (Greenfeld 1997)

 
Offenders
 

Over 95 percent of sexual assault offenders are male. (Greenfeld 1997)

23 percent of all sexual offenders known to law enforcement are under the age of 18. (Snyder, 2000)

The average age of imprisoned rapists at arrest is 31. Fifty-two percent are white; 22 percent report that they are married. (Greenfeld 1997)

 
Characteristics of Sexual Assaults
 

Seven in 10 rape and sexual assault victims know the offender prior to the assault. (Rennison 2000)

Approximately 90 percent of rape victims under 12 years old know the offender.  (Greenfield 1997)

About four in 10 sexual assaults take place at the victim’s own home. Two in ten take place in the home of a friend, neighbor or relative. One in ten takes place away from home. And about one in 12 takes place in a parking garage. More than half of all rape/sexual assault incidents were reported by victims to have occurred within one mile of their home or at their home. (Greenfeld 1997)

Approximately one-third of rapes/sexual assaults occur during the day (6 a.m. to 6 p.m.) (Greenfeld 1997)

In over 35 percent of sexual assaults, the offender is intoxicated. (Greenfeld 1998)

Only 13 percent of sexual assaults involved a weapon. (US Bureau of Justice Statistics 2004)

 
Impact of Victimization
 

Rape survivors are three times more likely to be diagnosed with major depressive disorder episodes than individuals who have not been raped, four times more likely to have contemplated suicide and 13 times more likely to have attempted suicide. (Schafran1996)

Sexual victimization is associated with severe and enduring behavioral consequences for victims, including increased drug and alcohol use, domestic violence, depression, suicide and teenage pregnancy. (Seymour et al. 1992).

Rape had the highest annual victim cost at $127 billion per year, followed by assault, murder and drunken driving. (US Bureau of Justice Statistics 2000)

 
At Risk Populations
 

Children & Teens

Over 90 percent of juvenile sexual assault victims reported knowing their attacker: 34 percent were family members and 59 percent acquaintances. Only seven percent of the perpetrators were strangers to the victim. (Snyder 2000)
  
Juveniles are perpetrators of about 40 percent of child sexual assault victimizations. (Snyder 2000)

Women who reported they were raped before the age of 18 were three to five  times more likely to experience subsequent adult victimization than those who had not been raped. (Desai et al 2002; Noll et al. 2003)

Childhood or adolescent sexual abuse is associated with a range of high-risk sexual behaviors, including the likelihood of being battered; trading sex for drugs, shelter, or money; entry into prostitution; and less likelihood to use birth control. (Boyer and Fine 1992, Finkelhor 1987, Paone et al. 1992, Zierler et al. 1991)

Teens 16 to 19 years old are three and a half times more likely than the general population to be victims of rape, attempted rape, or sexual assault. (Rennison 2000)

Female students who have been physically and/or sexually abused by a dating partner in the 9th grade through 12th grade are at increased risk for substance abuse, unhealthy weight gain, risky sexual behavior, pregnancy and suicide. (Silverman, Raj, Mucci, Hathaway 2001)


College Students

Among college students nationwide, 20 percent to 25 percent of women reported experiencing completed or attempted rape. (Fisher, Cullen, Turner 2000)

Of surveyed college women, about 90 percent of rape and sexual assault victims knew their attacker prior to the assault. (ibid)

Among female undergraduates at the University of Hawaii-Manoa, approximately 10 percent report experiencing sexual assault, 2 percent report being raped, 11 percent report experiencing partner violence, and over 10 percent report experiencing being stalked since starting school. (Bopp 2003)


Disabled

Women with disabilities are at least twice as likely to be raped and abused as the general population of women. (Sobsey 1994)

Among adults who are developmentally disabled, as many as 83 percent of females and 32 percent of males are the victims of sexual assault. (Johnson, Sigler 2000)

In one study, 40 percent of women with physical disabilities reported being sexually assaulted. (Young, Nosek, Howland, Chanpong, Rintala 1997)

 
Reporting Sexual Assault
 

On average, from 1992 to 2000, only 31 percent of all rapes and sexual victimizations were reported to the police.   (Hart, Timothy and Rennison 2003)

 
References
 

Bopp, P.J. (2003). University of Hawaii/Manoa Student Survey on Violence.  Unpublished

Boyer, D. and D. Fine.  (1992).  Sexual abuse as a factor in adolescent pregnancy and child maltreatment.  Family Planning Perspectives 24:4-10.

Desai, S., I. Arias, M. Thompson, and K. Basile. (2002). Childhood victimization and subsequent adult revictimization assessed in a nationally representative sample of women and men.  Violence and Victims, Vol. 17 (6):  639-653.

Finkelhor, D.  (1987). The sexual abuse of children:  Current research reviewed.  Psychiatric Annals 17: 233-241.

Finkelhor,D, et al. "Sexual Abuse in a National Survey of Adult Men and Women: Prevalence, Characteristics, and Risk Factors." 1990.

Fisher, BS., FT Cullen, MG Turner. The sexual victimization of college women. Washington: Department of Justice (US), National Institute of Justice; 2000. Publication No. NCJ 182369.

Greenfeld, Lawrence A. “Sex offenses and Offenders. Bureau of Justice Statistics, Us Department of Justice, 1997.

Greenfeld, Lawrence A. “Alcohol and Crime”. Bureau of Justice Statistics, US Department of Justice. 1998.

Hart, Timothy and Callie Rennison." Reporting Crime to the Police, 1992-2000." Washington, D.C.: Bureau of Justice Statistics, U.S. Department of Justice, March 2003.

Johnson, I., R. Sigler. (2000). Forced Sexual Intercourse Among Intimates. Journal of Interpersonal Violence. 15 (1).)

Noll, J., L. Horowitz, G. Bonano, P.Trickett and F. Putnam. (2003).  Revitalization and self-harm in females who experienced childhood sexual abuse.  Journal of Interpersonal Violence, Vol. 18 (12):  1452-1471.

Paone, D., W. Chavkin, I. Willets, P. Friedman, D. Des Jarlais.  (1992). The impact of sexual abuse:  Implications for drug treatment.  Journal of Women's Health 1:149-153.

Rennison, Callie M. "Criminal Victimization 1999: Changes 1998-00 with Trends 1993-99." Bureau of Justice Statistics, U.S. Department of Justice, August 2000)

Ruggiero, K.J. and D.G. Kilpatrick. (2003). Rape in Hawaii: A Report to the State. Charleston, SC: National Violence Against Women Prevention Center, Medical University of South Carolina.

Schafran, L.H. (1996).  Rape in America.  American Journal of Public Health 86 (1), 15-19.

Seymour, A., D. Kilpatrick, C. Edmunds. (1992). Rape In America: A Report to the  Nation. Arlington, VA.: National Center for Victims of Crime.

Silverman, J., A. Raj, L. Mucci and J. Hathaway. "Dating Violence Against Adolescent Girls and Associated Substance Use, Unhealthy Weight Control, Sexual Risk Behavior, Pregnancy, and Suicidality." Journal of the American Medical Association. 286(5):572-579, 2001)

Snyder, H. "Sexual Assault of Young Children as Reported to Law Enforcement: Victim, Incident, and Offender Characteristics." Bureau of Justice Statistics, U.S. Department of Justice, 2000.

Sobsey, D., (1994). “Violence and Abuse in the Lives of People with Disabilities;” The End of Silent Acceptance, Baltimore, Maryland: Paul H. Brooks Publishing Co., Inc.

Tjaden, P. and N. Thoennes  Full report of the prevalence, incidence, and consequences of violence against women: findings from the national violence against women survey. Washington: National Institute of Justice; 2000. Report NCJ 183781. 

Tjaden, P. and N. Thoennes. "Prevalence, Incidence and Consequences of Violence Against Women: Findings From the National Violence Against Women Survey." National Institute of Justice, U.S. Department of Justice, November 1998.

United States Bureau of Justice Statistics.  (2000).  National Crime Victimization Survey, Criminal Victimization 1999, Changes 1998-1999 with Trends 1993-1999, U.S. Department of Justice, 1999.  NCJ 182734

United States Bureau of Justice Statistics. National Crime Victimization Survey. US Department of Justice, 2003.

United States Bureau of Justice Statistics.  National Crime Victimization Survey. US Department of Justice, 2004.

Young, M. E., M. A. Nosek, C. A. Howland, G. Chanpong and D. H. Rintala. (1997). Prevalence of Abuse of Women with Physical Disabilities. Archives of Physical Medicine and Rehabilitation. Special Issue. Vol. 78 (12 Suppl. 5) s34-s38.

Zierler, S., L. Feingold, D. Laufer, P. Velentgas, S.B. Kantorwitz and Gordon, K. Mayer. (1991). Adult survivors of childhood sexual abuse and subsequent risk of HIV infection.  American Journal of Public Health 81:572-575.

 
 
 
Hawaii's Sexual Assault Statutes

Part V. Sexual Offenses

§707-730 Sexual assault in the first degree.
  1. A person commits the offense of sexual assault in the first degree if:
    1. The person knowingly subjects another person to an act of sexual penetration by strong compulsion;
    2. The person knowingly engages in sexual penetration with another person who is less than fourteen years old; or

    3. The person knowingly engages in sexual penetration with a person who is at least fourteen years old but less than sixteen years old; provided that:
      1. The person is not less than five years older than the minor; and
      2. The person is not legally married to the minor.

    Paragraphs (b) and (c) shall not be construed to prohibit practitioners licensed under chapter 453, 455, or 460, from performing any act within their respective practices.

  2. Sexual assault in the first degree is a class A felony. [L 1986, c 314, pt of §57; am L 1987, c 181, §9; am L Sp 2001 2d, c 1, §§1, 7; am L 2002, c 36, §3; am L 2003, c 62, §1; am L 2004, c 10, §15]

 
§707-731 Sexual assault in the second degree.
  1. A person commits the offense of sexual assault in the second degree if:
    1. The person knowingly subjects another person to an act of sexual penetration by strong compulsion;
    2. The person knowingly subjects to sexual penetration another person who is mentally defective, mentally incapacitated, or physically helpless; or
    3. The person, while employed:
      1. In a state correctional facility;
      2. By a private company providing services at a correctional facility;
      3. By a private company providing community-based residential services to persons committed to the director of public safety and having received notice of this statute;
      4. By a private correctional facility operating in the State of Hawai`i; or
      5. As a law enforcement officer as defined in section 710-1000(13),

      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; provided that paragraph (b) and this paragraph shall not be construed to prohibit practitioners licensed under chapter 453, 455, or 460, from performing any act within their respective practices; and further provided that this paragraph shall not be construed to prohibit a law enforcement officer from performing a lawful search pursuant to a warrant or exception to the warrant clause.

  2. Sexual assault in the second degree is a class B felony. [L 1986, c 314, pt of §57; am L 1987, c 181, §10; am L 1997, c 366, §1; am L 2002, c 36, §1; am L 2004, c 61, §4]
 
§707-732 Sexual assault in the third degree.
  1. A person commits the offense of sexual assault in the third degree if:
    1. The person recklessly subjects another person to an act of sexual penetration by compulsion;
    2. The person knowingly subjects to sexual contact another person who is less than fourteen years old or causes such a person to have sexual contact with the person;
    3. The person knowingly engages in sexual contact with a person who is at least fourteen years old but less than sixteen years old or causes the minor to have sexual contact with the person; provided that:
      1. The person is not less than five years older than the minor; and
      2. The person is not legally married to the minor;
    4. The person 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;
    5. The person, while employed:
      1. In a state correctional facility;
      2. By a private company providing services at a correctional facility;
      3. By a private company providing community-based residential services to persons committed to the director of public safety and having received notice of this statute;
      4. By a private correctional facility operating in the State of Hawai`i; or
      5. As a law enforcement officer as defined in section 710-1000(13),

      knowingly subjects to sexual contact 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, or causes the person to have sexual contact with the actor; or
    6. The person knowingly, by strong compulsion, has sexual contact with another person or causes another person to have sexual contact with the actor.

    Paragraphs (b), (c), (d), and (e) shall not be construed to prohibit practitioners licensed under chapter 453, 455, or 460, from performing any act within their respective practices; provided further that paragraph (e)(v) shall not be construed to prohibit a law enforcement officer from performing a lawful search pursuant to a warrant or an exception to the warrant clause.

  2. Sexual assault in the third degree is a class C felony.
 
§707-733 Sexual assault in the fourth degree.
  1. A person commits the offense of sexual assault in the fourth degree if:
    1. The person knowingly subjects another person to sexual contact by compulsion or causes another person to have sexual contact with the actor by compulsion;
    2. The person knowingly exposes the person's genitals to another person under circumstances in which the actor's conduct is likely to alarm the other person or put the other person in fear of bodily injury; or

    3. The person knowingly trespasses on property for the purpose of subjecting another person to surreptitious surveillance for the sexual gratification of the actor.

  2. Sexual assault in the fourth degree is a misdemeanor.

  3. Whenever a court sentences a defendant for an offense under this section, the court may order the defendant to submit to a pre-sentence mental and medical examination pursuant to section 706-603. [L 1986, c 314, pt of §57; am L 1991, c 214, §1]
 

[§707-733.5] Continuous sexual assault of a minor under the age of fourteen years. [Section repealed and replaced with a new section on ratification of amendment to Article I of the St. Const. L 2004, c 60.]

  1. Any person who:
    1. Either resides in the same home with a minor under the age of fourteen years or has recurring access to the minor; and
    2. Engages in three or more acts of sexual penetration or sexual contact with the minor over a period of time, but while the minor is under the age of fourteen years, is guilty of the offense of continuous sexual assault of a minor under the age of fourteen years.

  2. To convict under this section, the trier of fact, if a jury, need unanimously agree only that the requisite number of acts have occurred; the jury need not agree on which acts constitute the requisite number.

  3. No other felony sex offense involving the same victim may be charged in the same proceeding with a charge under this section, unless the other charged offense occurred outside the time frame of the offense charged under this section or the other offense is charged in the alternative. A defendant may be charged with only one count under this section unless more than one victim is involved, in which case a separate count may be charged for each victim.

  4. Continuous sexual assault of a minor under the age of fourteen years is a class A felony. [L 1997, c 379, §2]
 
§707-734 Indecent exposure.
  1. A person commits the offense of indecent exposure if, the person intentionally exposes the person's genitals to a person to whom the person is not married under circumstances in which the actor's conduct is likely to cause affront.

  2. Indecent exposure is a petty misdemeanor. [L 1986, c 314, pt of §57; am L 1991, c 214, §2]
 
§707-741 Incest.
  1. A person commits the offense of incest if the person commits an act of sexual penetration with another who is within the degrees of consanguinity or affinity within which marriage is prohibited.

  2. Incest is a class C felony. [L 1972, c 9, pt of §1; am L 1987, c 176, §1; gen ch 1992]
 
 
The Sex Abuse Treatment Center
Harbor Court • 55 Merchant Street, 22nd Fl. • Honolulu, Hawaii 96813
24-hour Hotline: 808-524-RAPE (7273)
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