SOL: 4 year window currently open 2012-2016; +8 years from majority or + 3 years from liberal discovery
1. 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 2. 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, 3. 4 year Window § 657-1.8(b) TOLLING: 1. Majority, yes. Haw. Rev. Stat. § 657-1.8(a). 2. 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) |
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 |