Support mixed on age of consent

Legislation that would raise the age of sexual consent in Hawai‘i drew mixed reviews yesterday in the Senate as lawyers, social service providers and others debated how to protect young people from exploitation.

The Senate Health and Human Services Committee also heard divided testimony on a bill that would require physicians to notify parents or guardians of minors before providing an abortion.

The committee will make decisions on those bills tomorrow.

Forty-one House members and 15 senators indicated in an Advertiser survey that they would support raising the age of consent for sex from age 14 to 16. House Judiciary Chairman Eric Hamakawa, D-3rd (S. Hilo, Puna), opposed the proposal.

House Republican leaders said yesterday that unless House Democrats move one of six bills dealing with the age of consent, they will yank one of the bills out of committee today to force a floor vote on the measure.

More than 20 people testified, orally or in writing, to bills that would raise the age of consent for sex from 14 to 17 years of age; outlaw sex between a minor and an adult at least five years older than the minor; and create criminal penalties for those at least 19 years old who have sex with 14- and 15-year-olds.

Honolulu Prosecutor Peter Carlisle said he didn’t see urgency to pass legislation raising the age of consent. He said of the 132 cases of sex assault against girls younger than 14 last year, only 3 were consensual. None of those three fit the scenario of an older man preying on a young girl, he said.

Carlisle said Hawai‘i might have the lowest age of consent. But he also said adults already can be prosecuted for promoting the prostitution of a minor, and that people often are afraid to come forward and become witnesses.

Task force wanted

Sex Abuse Treatment Center director Adriana Ramelli said the Legislature should create a task force to study ways to protect young people before changing the law. Opponents also said the legislation would criminalize sex between teenagers.

Ramelli said oftentimes teenagers involved with adults do not understand that they have been exploited and might suffer psychosocial consequences if they don’t receive emotional support when criminal action is taken.

But Annabel Murray, project coordinator of the Na Keiki Law Center, said it is difficult to convince a girl she has been victimized when the perpetrator does not face any punishment.

Murray said Hawai‘i’s low age of consent creates situations in which young women are exploited and victimized. Kelly Rosati, executive director of the Hawai‘i Family Forum, said social service providers see girls being taken advantage of by older men, but there is no legal recourse to prevent it. She said she did not want to outlaw teenage sex and suggested passing a bill that would protect 14- and 15-year-olds from those 20 years old and older.

Under the parental notification bill, physicians performing an abortion on a minor would have to notify her parents at least 48 hours before the procedure. A physician who did not comply could face a $1,000 fine or five years in prison.

Supporters of the bill said parents should be informed to help their children cope with the physical and psychological effects of abortion.

Rosati said parental notification should be required for abortion as it is for other, less invasive medical procedures. "Common sense dictates that parents at least have a right to know when a serious surgical procedure such as abortion is performed on a minor."

Could increase illegal abortions

But opponents of the bill said it could create more medical risks.

Marya Grambs of the American Civil Liberties Union of Hawai‘i said young women already are likely to have abortions at a later stage than older women. Requiring parental notification would only add to the delay, she said. Grambs also said a parental notification requirement would compel teens to seek abortions illegally.

Barry Raff, executive director of Family Planning Centers of Hawai‘i, said minors who live in abusive homes understandably would avoid discussing abortion with their parents.

"This law is not going to mandate family communication where it doesn’t exist," Raff said. "What it is going to do is force teens who can’t and don’t want to talk to their families, for very legitimate reasons, underground."

The bill includes a provision allowing minors from abusive homes to seek a judicial bypass that would waive the requirement for parental notification.

Raff said it was unlikely a minor unwilling to discuss her pregnancy with her parents would be willing to do so with a judge.

Advertiser Capitol Bureau Chief Kevin Dayton contributed to this report.

[back to top]