First Degree Sexual Assault Law Now Includes the Influence of a Substance

Aloha Friends,

Last legislative session and this legislative session, I introduced a bill to include in the first degree sexual assault law, language that would include “the use of a substance to subject one to sexual penetration” to be included in the definition of “strong compulsion” in the first degree sexual assault law.

I was pleased when I found out that my bill's intent was already incorporated and passed in a large omnibus penal code bill last year. Therefore, under HRS Section 707-730(e), a person commits the offense of sexual assault in the first degree if: “The person knowingly subjects to sexual penetration another person who is mentally incapacitated or physically helpless as a result of the influence of a substance that the actor knowingly caused to be administered to the other person without the other person's consent.”

I dedicate this law to all the girls who entrusted me with their stories of sexual assault and the many more survivors in our world.

With Warmest Aloha,
Jon Riki Karamatsu