Sexual Assault Attorneys in Hawaii: Your Complete Legal Guide
If you or someone you love has survived sexual assault in Hawaii, this guide explains your legal rights, Hawaii’s key laws protecting survivors, and profiles five law firms that represent survivors in civil claims across the state.
Introduction
Hawaii has undergone significant reform in recent years to expand civil access to justice for sexual assault survivors. The 2024 legislature passed Senate Bill 2601 (signed into law by Governor Josh Green), which extended the civil statute of limitations for childhood sexual abuse to age 50 for abuse occurring on or after July 1, 2024, and created a new two-year revival window for adult survivors. Hawaii now stands among the more survivor-protective states in the country, particularly for child abuse survivors. The state’s civil law allows claims against both the individual perpetrator and institutions whose gross negligence enabled the abuse.
Hawaii Sexual Assault Laws
Definitions and Criminal Offenses
Hawaii’s sexual offense statutes are codified in Hawaii Revised Statutes (HRS) Chapter 707.
Hawaii classifies sexual offenses as sexual assault in the first through fourth degrees.
Sexual Assault in the First Degree (HRS § 707-730) covers knowingly subjecting another person to sexual penetration by compulsion or by means of physical force, or subjecting a person who is incapacitated to sexual penetration, or subjecting a person under 14 years of age to sexual penetration. It is a Class A felony punishable by up to 20 years.
Sexual Assault in the Second Degree (HRS § 707-731) covers knowingly subjecting another person to sexual penetration under conditions including when the victim is under the influence, unconscious, or is a person under 14 and the actor is 5 or more years older. It is a Class B felony punishable by up to 10 years.
Sexual Assault in the Third Degree (HRS § 707-732) covers sexual contact (not penetration) by compulsion, or with a person under 14 when the actor is 5 or more years older, or with a person known to be mentally defective. It is a Class C felony punishable by up to 5 years.
Sexual Assault in the Fourth Degree (HRS § 707-733) covers knowingly subjecting another to sexual contact by compulsion or touching in a sexual manner a person under 14. It is a misdemeanor.
Hawaii’s age of consent is 16. Sex between adults and persons aged 14 or 15 is a felony when the actor is 5 or more years older. Hawaii law also presumes healthcare providers cannot receive legally valid consent from patients for sexual acts.
Statutes of Limitations
Criminal SOL
Under HRS § 701-108, there is no criminal statute of limitations for first-degree sexual assault (Class A felony). Second-degree sexual assault (Class B felony) carries a 6-year SOL. Third-degree sexual assault (Class C felony) carries a 3-year SOL. Misdemeanor sexual assault has a 2-year SOL.
Civil SOL
Hawaii’s civil SOL for sexual abuse is codified at HRS § 657-1.8. The statute was significantly amended by Senate Bill 2601 effective July 1, 2024.
Childhood sexual abuse occurring on or after July 1, 2024: The claim must be filed by the plaintiff’s 50th birthday (32 years after turning 18), or within 5 years of the plaintiff discovering, as an adult, that psychological injury or illness was caused by the abuse, whichever is later.
Childhood sexual abuse occurring before July 1, 2024: The claim must be filed by the plaintiff’s 26th birthday (8 years after turning 18), or within 3 years of discovering, as an adult, that psychological injury or illness was caused by the abuse, whichever is later. A lookback window for pre-cutoff claims ran from 2012 to 2020 and is now closed.
Adult survivors (18 or older at time of abuse): The general civil SOL is 2 years from the date of the assault under HRS § 657-7. A new revival window created by SB 2601 runs from July 1, 2024 through June 30, 2026: adult survivors whose claims were previously time-barred may file a new civil lawsuit, provided the abuse occurred after June 30, 2012.
Institutional liability: When suing an institution (school, church, organization, employer), Hawaii requires proof of gross negligence. The institution must have owed a duty of care to the plaintiff and been grossly negligent. Claims against institutions filed under the discovery rule extension also require a certificate of merit filed by the plaintiff’s attorney.
Tolling: Civil deadlines do not run while a related criminal case is pending before the court. Once criminal jurisdiction ends, the civil clock resumes.
Top 5 Sexual Assault Attorneys in Hawaii
1. Davis Levin Livingston
Phone: (808) 740-0633
Website: https://www.davislevin.com
Address: Honolulu, HI (serves all Hawaiian Islands)
Attorneys: Mark S. Davis, Michael K. Livingston, Loretta A. Sheehan, Blaine Rogers, Chase H. Livingston, Aimee Lum, Hannah Matsunaga, Lynne Agbalog, Heather Salenger; also includes Kirsten Fisher APRN on staff
Davis Levin Livingston is Hawaii’s most prominent sexual abuse litigation firm with over 40 years of experience. The firm secured a landmark $104 million settlement for victims of abuse at Kamehameha School, one of the largest sexual abuse settlements in Hawaii history. Mark Davis was the attorney who obtained the first Hawaii judgment holding the state liable for a teacher’s molestation of students. The firm serves clients in Honolulu, throughout Oahu, and on all Hawaiian Islands, and handles clergy abuse, school abuse, foster care abuse, and institutional abuse cases. Resources available to advance client expenses. No cost or fees unless the firm wins. Free, confidential consultations.
2. Galiher DeRobertis & Waxman LLP
Phone: 1-888-597-1441
Website: https://galiherlaw.com
Address: Honolulu, HI
Attorneys: L. Richard DeRobertis, Ilana Waxman, Peter A. Kraus, Alyssa R. Segawa, Allison Aoki, Christopher L. Johnson, Victoria M. Chang, Elizabeth Nardi
Galiher DeRobertis & Waxman is a Honolulu firm with an active sexual abuse practice covering childhood sexual abuse and adult sexual assault by institutions and individuals. Victoria Chang, a firm attorney, authored the Hawaii Star-Advertiser guest commentary on the significance of the 2024 SB 2601 legislation. The firm recently filed suit against the Boys & Girls Club of Hawaii for failing to protect a child from repeated abuse by another student. The firm represents survivors in claims involving schools, churches, scouting organizations, and other institutions, with a national network of experienced co-counsel. Contingency basis; no recovery, no fee.
3. Law Office of Jon S. Jacobs, LLLC
Phone: (808) 468-6484
Website: https://www.jonsjacobs.com
Address: Honolulu, HI
Attorney: Jon S. Jacobs
Jon S. Jacobs is a Honolulu personal injury attorney with over 20 years of experience who takes sexual assault cases seriously and fights to ensure survivors receive justice. The firm handles civil claims to hold perpetrators accountable and recover compensation for medical bills, psychological trauma, lost wages, and pain and suffering. The firm also covers foster care abuse and negligence cases. Free consultations; contingency fee basis.
4. Leavitt, Yamane & Soldner
Phone: See website
Website: https://lyslaw.com
Address: Honolulu, HI (serves all islands)
Attorneys: James T. Leavitt, John D. Yamane, Woody Soldner, Mike Cruise, Aaron Creps, Nicole Kalakau, Stuart Kodish, Rafael Renteria, Elena Kau’i Yamane, Joan Tuers
Leavitt, Yamane & Soldner is a Honolulu personal injury firm with a sexual assault and sexual abuse practice. The firm pursues civil claims against abusers and organizations that allowed the abuse to occur, including institutional defendants. Attorneys handle cases involving indecent exposure, non-consensual physical contact, forced sexual acts, and rape. The firm serves clients on all Hawaiian Islands and provides compassionate, personalized representation. Contingency basis.
5. Alapa & Otake, LLLC
Phone: See website
Website: https://www.pacificlaw.com
Address: 707 Richards Street, PH-1, Honolulu, HI 96813
Attorneys: Keani Alapa, Thomas Otake, Kurt Kagawa, Natasha Baldauf, Manta Dircks, Dorothy Meisner
Alapa & Otake is a Honolulu personal injury firm serving clients on all islands and the mainland. The firm provides aggressive legal representation to survivors of sexual abuse, approaching each case with empathy and care. Practice areas include sexual abuse, wrongful death, medical malpractice, premises liability, and workplace injuries. The firm has a history of record-breaking results. Free consultations; contingency basis.
Frequently Asked Questions
I was abused as a child. What is my deadline to file a civil lawsuit in Hawaii?
It depends on when the abuse occurred. For abuse on or after July 1, 2024, you have until your 50th birthday or 5 years after discovering the psychological connection to the abuse, whichever is later. For abuse before July 1, 2024, the deadline is generally your 26th birthday or 3 years from discovery. A lookback window that ended in 2020 briefly revived older claims, but is now closed. Consult an attorney promptly to determine which deadline applies to you.
I am an adult survivor and my 2-year deadline has passed. Is there still hope?
Possibly. Hawaii created a new revival window from July 1, 2024 through June 30, 2026 that allows adult survivors to file even if previously time-barred, provided the abuse occurred after June 30, 2012. This window is open now and will close on June 30, 2026. If the abuse occurred after June 30, 2012, contact an attorney immediately.
Can I sue an institution, not just the individual perpetrator?
Yes. Hawaii law permits claims against schools, churches, employers, youth organizations, and other institutions. To recover damages against an institution, you must prove gross negligence: that the institution owed you a duty of care and was grossly negligent in allowing the abuse to occur. Claims using the extended discovery rule also require a certificate of merit from your attorney.
Closing
Hawaii’s recently strengthened civil SOL and the active revival window for adult survivors make this an important moment to consult an attorney if you have not yet done so. The firms listed above offer free, confidential consultations and handle cases on a contingency fee basis.
For immediate crisis support, contact the RAINN National Sexual Assault Hotline at 1-800-656-4673, available 24 hours a day, 7 days a week. Hawaii’s statewide crisis line is operated by the Sex Abuse Treatment Center at (808) 524-7273 (Oahu), with additional centers on Maui, Kauai, and Hawaii Island.