The Laws That Should Protect Our Children
Current Civil SOL in a nutshell
SOL vs. perp, employer: Window revives expired SOLs until April 2016 All others: +8 years from majority = Age 26 or (Discovery + 3 years)
Majority Tolling: √ – Age 18 Discovery Tolling: √ – Liberal (+3 years)
SOL: 4 year window currently open 2012-2016; +8 years from majority or + 3 years from liberal discovery
Haw. Rev. Stat. § 657-1.8(a)(1)(“Eight years after the eighteenth birthday of the minor or the person who committed the act of sexual abuse attains the age of majority, whichever occurs later; or
Haw.Rev.Stat. § 657-1.8(a) (2)(“Three years after the date the minor discovers or reasonably should have discovered that psychological injury or illness occurring after the age of minor’s eighteenth birthday was caused by the sexual abuse,
4 year Window § 657-1.8(b)
Majority, yes. Haw. Rev. Stat. § 657-1.8(a).
Discovery, yes, liberal.
a. Haw. Rev. Stat. § 657-1.8(2) (“…date the minor discovers or reasonably should have discovered that psychological injury or illness occurring after the age of minor’s eighteenth birthday was caused by the sexual abuse”);
b. Dunlea v. Dappen, 924 P.2d 196, 201-02 (Haw. 1996) (holding that issue of when plaintiff discovered or reasonably should have discovered psychological injury and that injury was caused by C.S.A. was fact question for jury, because total repression of memory of abuse not always necessary to avail oneself of delayed discovery)
Current Criminal SOL in a nutshell
None for sexual assault in the first and second degrees, and continuous sexual assault of a minor under Age 14 (effective 6/20/14)
Age 24 for all class A felonies Age 21 years for all other felonies
None for sexual assault in the first and second degrees & continuous sexual assault of a minor under 14 years of age. Haw. Rev. Stat. § 701-108(1). +6 years from victim’s 18th birthday for all class A felonies. Haw. Rev. Stat. § 701-108 (2)(b); Haw. Rev. Stat. § 701-108 (6)(c). +3 years from victim’s 18th birthday for all other felonies. Haw. Rev. Stat. § 701-108 (2)(d); Haw. Rev. Stat. § 701-108 (6)(c).
Haw. Rev. Stat. § 701-108(1) (“A prosecution for… sexual assault in the first and second degrees and continuous sexual assault of a minor under the age of fourteen years may be commenced at any time. “)
Haw. Rev. Stat. § 701-108 (2)(b) (“ A prosecution for a class A felony must be commenced within six years after it is committed;”)
Haw. Rev. Stat. § 701-108 (2) (d) (“ A prosecution for any other felony must be commenced within three years after it is committed;”)
TOLLING: Haw. Rev. Stat. § 701-108 (6)(c) (“The period of limitation does not run: …For any felony offense under chapter 707, part V or VI, during any time when the victim is alive and under eighteen years of age.”)
Chapter 707: Offenses Against the Person, Part V. Sexual Offenses
Age of Majority / Age of Consent / Age of Marriage
Age of Majority: 18. See, Haw. Rev. Stat. § 577-1.
Age of Consent: 16. See, Haw. Rev. Stat. §§ 707-730.
Age of Marriage with Parental Consent: 16 (15 with judicial consent).
Age of Marriage without Parental Consent: 18.
See, Hawaii Rev. Stat. §§ 572-1, 572-2. See, Fla. Stat. Ann. § 741.0405.
Medical Neglect Statute
CIVIL MEDICAL NEGLECT STATUTE
CRIMINAL MEDICAL NEGLECT STATUTE
Religous Liberty Statute
Religious liberty statute that could put children at risk
2015 Pending RFRA Legislation
A BILL FOR AN ACT
relating to religious rights.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The purpose of this Act is to ensure that strict scrutiny is applied in all cases where state action burdens the exercise of religion and to provide a claim or defense to a person whose exercise of religion is burdened by state action.
SECTION 2. Chapter 7, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
“§7- Exercise of religion; protected. (a) State action shall not burden any person’s right to exercise religion; provided that a burden shall be permissible if the burden results from a law or rule of general applicability and the burden to the person’s exercise of religion:
(1) Is essential to further a compelling governmental interest; and
(2) Is the least restrictive means of furthering that compelling governmental interest.
(b) A person whose exercise of religion has been burdened, or is likely to be burdened, in violation of subsection (a) may assert a violation or impending violation as a claim or defense in a judicial proceeding, regardless of whether the State or a county is a party to the proceeding. A person prevailing on a claim or defense under this section may obtain appropriate relief, including injunctive relief, declaratory relief, compensatory damages, costs, and attorney fees against the acting State or county.
(c) As used in the section:
“Burden” means any action that directly or indirectly constrains, inhibits, curtails, or denies the exercise of religion by any person or compels any action contrary to a person’s exercise of religion, including withholding benefits, assessing criminal penalties, assessing civil penalties, assessing administrative penalties, exclusion from governmental programs, and exclusion of access to governmental facilities.
“Compelling governmental interest” means a governmental interest of the highest magnitude that cannot otherwise be achieved without burdening the exercise of religion.
“Exercise of religion” means the practice or observance of religion, including the ability to act or refuse to act in a manner substantially motivated by a sincerely held religious belief, whether or not the exercise is compulsory or central to a larger system of religious belief.
“State action” means the implementation or application of any law or other action by the State or any county.”
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
View as PDF: H.B. 1160
Previously Introduced Legislation
2013-2014: HB 1196