Sexual assault is generally forced sexual intercourse, sodomy, or other sexual penetration of another person—against the person’s will and without the person’s consent. And although precise definitions and punishments vary from state to state, the criminal offense of aggravated sexual assault generally includes aggravating circumstances that increase the severity of the sexual assault—such as when the assailant or perpetrator uses, displays, or threatens the victim with a deadly weapon (a gun or knife); when the assailant uses a rape drug to incapacitate the victim; or when the victim is a child under a certain age, as defined by the statute.

In Hawaii, sexual assault is defined under Hawaii Revised Statutes Section 707-730 to 707-733. The law categorizes sexual assault into different degrees, with the first degree being the most severe. Sexual assault in the first degree includes knowingly subjecting another person to an act of sexual penetration by strong compulsion, or when the victim is less than fourteen years old. Aggravated circumstances, such as the use of a deadly weapon, administering a substance to impair the victim, or if the victim is particularly young or incapacitated, can lead to more severe charges and penalties. Hawaii law recognizes these factors and treats them as enhancements that increase the gravity of the offense and the potential punishment, which can include lengthy prison sentences. It is important for individuals facing such charges to seek the guidance of an attorney who is knowledgeable in Hawaii's specific sexual assault statutes and the potential defenses that may be available.