Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred H.B. No. 236 entitled:

begs leave to report as follows:

The purpose of the bill is to remove the ability of minors who are at least 14 but less than 16 years of age to consent to having sex with an adult who is five years older than the minor where the adult is not married to the minor.

Your Committee received testimony in support of the measure from the Hawaii Family Forum, the Hawaii Catholic Conference, Na Keiki Law Center, Alliance for Traditional Marriages and Values and concerned individuals. Your Committee received testimony in opposition to the measure from the Department of the Prosecution Attorney for the City and County of Honolulu, the Honolulu Police Department, the Office of the Public Defender, the Hawaii Youth Services Network, the Sex Abuse Treatment Center, the Coalition for the Prevention of Sexual Assault, and Advocates to Consumer Rights.

Your Committee finds that there is a genuine question whether raising the age of consent will have any effect on the protection of minors since:

In spite of this major policy question as to the effectiveness of changing a minor's behavior by raising the age of consent, your Committee finds that placing the responsibility of correct behavior upon adult sexual partners may have some effect in limiting some types of sexual activity available to minors.

Your Committee amended the bill by:

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 236, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 236, H.D. 1, and be placed on the calendar for Third Reading.