The criminal offense of sexual assault generally involves forced sexual intercourse, sodomy, or other sexual penetration of another person—against the person’s will and without the person’s consent.

Sexual assault laws vary from state to state, and in some states the traditional criminal offense of rape is defined as the criminal offense of sexual assault. In some states the touching, groping, or pinching of the body of another person without the person’s consent and for purposes of sexual gratification is defined as sexual assault—and in other states such nonconsensual sexual contact is defined as the criminal offense of sexual battery or forcible touching, for example.

Sexual assault and related criminal offenses are generally located in a state’s statutes—often in the penal or criminal code.

In Hawaii, sexual assault is defined under Hawaii Revised Statutes Section 707-730 to 707-733. These laws categorize sexual assault into various degrees, with the first degree being the most serious. Sexual assault in the first degree includes knowingly engaging in sexual penetration with another person by force, threat, or when the victim is incapacitated or unable to consent due to age or mental incapacity. Sexual assault in the second and third degrees covers other forms of nonconsensual sexual contact and penetration under varying circumstances. Hawaii law also recognizes the offense of continuous sexual assault of a minor under the age of 14 years, as per Section 707-733.5. The state does not use the term 'rape' in its statutes; instead, it encompasses these acts under the broader term of sexual assault. The penalties for sexual assault can be severe, including lengthy prison sentences, and are determined by the degree of the offense and specific circumstances involved.