HRS 0707-0730 ANNOTATIONS

Rape and Child Sexual Assault: Women’s Perspectives Required to Dispel the Myths. 14 UH L. Rev. 157.

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ANNOTATIONS ABOVE RELATE TO ARTICLE, CHAPTER, OR PART HEADING;

ANNOTATIONS BELOW ARE FOR SECTION ONLY.

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Testing of charged or convicted person for HIV status, see §325-16.5.

Defendant's right to a fair trial was violated where counselor of victim-witness was allowed to place hands upon victim's shoulders while victim was testifying. 70 H. 472, 777 P.2d 240.

Act of cunnilingus is an act of sexual penetration. 71 H. 127, 785 P.2d 615.

Trial court did not commit plain error when it gave a single instruction encompassing two counts of sexual assault in first degree; a consent instruction may be given separately and need not be included as an element of sexual assault. 75 H. 152, 857 P.2d 579.

Sexual assault in the first degree, in violation of subsection (1)(b), is not, and cannot be, a "continuing offense"; each distinct act in violation of this statute constitutes a separate offense under the Hawaii Penal Code. 84 H. 1, 928 P.2d 843.

Trial court must instruct jury as to what specific facts jury must find before it decides whether defendant is guilty of attempted sexual assault in first degree. 77 H. 177 (App.), 880 P.2d 1224.

Placement of the elemental attendant circumstances after the state of mind in the enumerated elements instruction was not error; when read and considered as a whole, the instructions adequately informed the jury of the prosecution's burden to prove that complainant did not consent to the acts alleged and was not married to defendant at the time, and that defendant was aware of both circumstances when defendant acted. 97 H. 140 (App.), 34 P.3d 1039.

Attempted rape. 56 H. 664, 548 P.2d 271.

Defendant may be found liable as accomplice. 61 H. 475, 605 P.2d 75.

Prior law, applying to males only, did not violate the equal protection guarantees or the ERA. 62 H. 120, 612 P.2d 526.

Sufficiency of evidence of "forcible compulsion." 62 H. 120, 612 P.2d 526.

Evidence of forcible compulsion held sufficient. 62 H. 572, 617 P.2d 1214.

Sexual abuse is a lesser included offense of rape and sodomy. 64 H. 1, 635 P.2d 560.

Facts sufficient to support finding of forcible compulsion. 64 H. 470, 643 P.2d 536.

Cited: 56 H. 343, 537 P.2d 724.