If a 24 year old male had conceptual sex with a 16 year old female, would that constitute statutory rape?

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If a 24 year old male had conceptual sex with a 16 year old female, would that constitute statutory rape?

If so, does she have to press charges or can her parents press charges?

Asked on September 6, 2011 under Criminal Law, Hawaii

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

1) It appears that the "age of consent in HI" is 16, so if the female were 16 at the time of the sexual act, that it would not be what is commonly known as statutory rape. Below I will insert a link to the relevant law in HI (sexual assault in the third degree). On the other hand, if she was less than 16--even a day less than 16--it appears it would be a crime.

2) Either the girl herself or her parents could, if the act were criminal, bring it to the authorities' attention and thereby press charges. Once brought to the authorities' attention, the female and/or her parents are no longer "in charge of" the action--they are simply witnesses--and it's up to the police and prosecutors what to do.

Here is the link: http://www.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0707/HRS_0707-0732.htm


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