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For most sex crimes, the prosecutor must show that the sex act occurred without the other person’s consent.
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A person commits sexual assault in the first degree by engaging in sexual penetration (vaginal, anal, and oral sex) with a child under the age of consent. Named after Shakespeare’s young lovers, the “Romeo and Juliet” defense protects teenagers who engage in sex with other teenagers. It is also a defense to a charge of first or third degree sexual assault against a child age 14 or 15 that the defendant and the child are married. Sexual assault in the first degree is a class A felony, punishable by up to 20 years in prison and a fine of up to ,000.
It is a defense to a charge of first or third degree sexual assault against a child age 14 or 15 that the defendant is not more than five years older than the child. This is a remnant of the marital rape exemption, which has otherwise been abolished in Hawaii. Third degree sexual assault is a class C felony, punishable by up to five years in prison a fine of up to ,000.
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