HRS §702-235
When a person's consent does not count as a defense
Read the official text at capitol.hawaii.gov ↗This section explains when a victim's agreement to an act cannot be used as a defense in court. Consent is not a valid defense if the person giving it is legally unable to agree, is too young or mentally impaired to judge the act, or was forced or tricked into agreeing.
courts
The statute, as written — Ineffective consent
A copy, taken August 20, 2026. The version published by the Legislature is the one that governs, and it may have changed since. Check it before relying on anything here.
Unless otherwise provided by this Code or by the law defining the offense, consent does not constitute a defense if: (1) It is given by a person who is legally incompetent to authorize the conduct alleged; (2) It is given by a person who by reason of youth, mental disease, disorder, or defect, or intoxication is manifestly unable or known by the defendant to be unable to make a reasonable judgment as to the nature or harmfulness of the conduct alleged; (3) It is given by a person whose improvident consent is sought to be prevented by the law defining the offense; or (4) It is induced by force, duress or deception.
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.