Whether it is in a news story or the plot of a movie, society is well acquainted with the severity and frequency of sex crimes occurring across all demographics. In Hawaii, like all states, sex crimes are treated seriously not only because of the crime itself but because of the harsh penalties the accused could endure.
Navigating allegations of sexual assault is anything but easy. However, in order to establish the best defense possible, it is important for the accused to fully understand the charges they face and the evidence they are based on.
Hawaii and federal sexual assault laws
Sex crimes in Hawaii can be charged in four degrees with all but fourth-degree sexual assault categorized as a felony. Federal law prohibits sexual abuse. This is defined as knowingly causing another to engage in a sex act in three situations.
The first involves threating a victim or making them afraid. The next is engaging in a sex act when the other person is incapable of understanding the conduct or is unable to physically decline or communicate their unwillingness to participate. And the third situation is by engaging in a sex act with another without the other person’s consent, including coercion.
Creating a defense
In order to convict a defendant of a sex crime, the prosecution must prove the elements of the charges. In Hawaii, this means that the sexual conduct must be knowingly. Additionally, depending on the degree charged, the sexual conduct in question must include all of the elements of the crime. Often, consent is a focal point in these criminal matters. Thus, it is important to consider the evidence surrounding this if it is at issue.
Being accused of a sex crime is an overwhelming and complex matter. In order to ensure you get the best defense possible, it is imperative that you know the applicable laws and your rights in the matter. This could help with the dismissal or the reduction of the charges against you.