We understand that, when facing these allegations, you are often under immense stress and fear. Attorney Kim works to protect not only your legal rights but also your privacy, professional standing, and long-term opportunities whenever possible.

Understanding Sexual Assault Under Hawaii Law

In Hawaii, traditional concepts like rape and statutory rape are consolidated under the legal umbrella of "sexual assault." Under the law, these offenses are divided into four distinct statutory tiers. 

First-degree sexual assault (Class A felony): This is the most severe tier, targeting acts of non-consensual sexual penetration achieved through physical force, dangerous instruments, or threats of bodily injury. It also applies to any sexual penetration involving a minor under 14, or instances where a substance was administered to a victim without their consent. 

Second-degree sexual assault (Class B felony): This charge involves sexual penetration achieved through the absence of consent or threats of public humiliation/financial loss, or engaging in penetration with a person who is mentally incapacitated or physically helpless (such as someone asleep or unconscious). 

Third-degree sexual assault (Class C felony): This classification applies when a person recklessly subjects another to penetration via compulsion, or when the allegations involve non-consensual "sexual contact" (touching rather than penetration) with a minor under 14, an incapacitated individual, or a mentally defective person. 

Fourth-degree sexual assault (Misdemeanor): The lowest tier of sexual assault involves non-consensual sexual contact through compulsion, or engaging in public indecency and voyeurism.