For new section on continuous sexual assault of a minor under the age of fourteen years subject to take effect only on ratification of amendment to Article I of the St. Const., see L 2004, c 60.

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

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.

As a precondition to convicting a person of first degree sexual assault, in violation of subsection (1)(b), the prosecution must prove beyond a reasonable doubt that the person committed an act of "any penetration, however slight," as mandated by the plain language of the definition of "sexual penetration" contained in §707-700. 102 H. 391, 76 P.3d 943.

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.

Where there was no evidence, independent of defendant's extrajudicial confession, of the corpus delicti of attempted sexual assault of victim by defendant, defendant's conviction reversed. 103 H. 490 (App.), 83 P.3d 753.

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.