By Ronna Bolante
Advertiser Staff Writer
The Senate Judiciary Committee yesterday approved a bill aimed at deterring adults from having sex with minors despite strong opposition from Honolulu Prosecutor Peter Carlisle.
The bill would outlaw sex between 14-year-olds and adults at least five years older, carrying a mandatory prison sentence of up to 20 years.
Senate Bill 711 does not outlaw sex between 14-year-olds and partners who are at least 14 but under 19.
Current law prohibits sex with minors under 14.
"We want to focus on the predatory actions of adults in pursuing young girls, and that’s the main focus of the bill," said Chairman Brian Kanno, D-20th (‘Ewa Beach, Makakilo, Kapolei).
The bill moves on to the full Senate.
Republican lawmakers, who wanted the age of consent raised to 16, criticized the bill as too lenient.
| What’s next
The House Judiciary Committee today will hear House Bill 236, which would raise the age of consent for sex from 14 to 16.
The hearing is scheduled for 1:15 p.m. in State Capitol Conference Room 325. |
"This bill represents a failure of this committee," said Sen. Sam Slom, R-8th (Wai‘alae Iki, Hawai‘i Kai). "I’m very disappointed in compromising at this stage. I think we need to send a message, and the message we’re sending is one that we really don’t have the political will to do what’s right."
Kanno, who also favored raising the age of consent to 16, said it was necessary to compromise to "allow the bill to move forward."
Under the proposed bill, prosecutors would not have to prove the adult knew the minor was under 15.
"Perpetrators cannot say, ‘I didn’t know,’ " Kanno said. "If they are sleeping with these young children, they’re guilty whether they knew they were young or not."
Carlisle said at a hearing last week the bill was unnecessary and criticized lawmakers for "not doing their homework."
Carlisle told the committee that of the 132 cases of sexual assault against girls under 14 last year, only three were consensual.
None of those three fit the scenario of an older man preying on a girl, he said.
Although Hawai‘i has the lowest age of consent in the nation, Carlisle said, the bill would not solve the problem of adults taking advantage of minors.
"I’ve got thousands and thousands of cases — murders, robberies, car thefts," Carlisle said. "Here you’re talking about three cases that were brought in this year, none of which look like they’re going to be prosecutable."
Minors often are unwilling to testify against their "boyfriends" in these cases, Carlisle said, which makes prosecution impossible.
Kelly Rosati, executive director of the Hawaii Family Forum, supported the bill but also favored a higher age of consent.
"Obviously, we were a little disappointed that 15-year-olds were not protected under this proposal, but we think that it’s a step in the right direction," Rosati said.
The Judiciary Committee also approved Senate Bill 864, which would outlaw employment of persons under 18 in exotic dancing services, escort agencies and erotic massage parlors.
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