Sexual Assault Attorneys in Hawaii: Your Complete Legal Guide

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Hawaii’s civil deadline for childhood sexual abuse depends on one date: July 1, 2024. Abuse committed before then must be sued on within eight years after the survivor’s 18th birthday or within three years of discovering the injury, whichever is later; abuse on or after that date gets 32 years after the 18th birthday or five years from discovery. The childhood revival window closed in April 2020, and a separate two-year window for claims by adults closed at the end of June 2026; an adult’s ordinary period is two years. Below are those rules as written in the Hawaii Revised Statutes, the conditions for suing an organization, the criminal deadlines, questions for a first meeting with a lawyer, and five firms that represent survivors in Hawaii.

Call 911 in an emergency. The Hawai’i Coalition Against Sexual Assault office line is 808-533-1637, and the National Sexual Assault Hotline is 1-800-656-4673.

Sections 657-1.8 and 701-108 are quoted as CHILD USA published them in October 2026, and §§ 657-7 and 657-1.7 from FindLaw’s text dated January 1, 2025. Read them as an explanation of the law, not as an evaluation of any one case.

Two Deadline Regimes Divided by July 1, 2024

Section 657-1.8 was amended by Act 250 of the 2024 Session Laws and Act 21 of the 2025 Session Laws. CHILD USA quotes the two paragraphs that set the deadlines.

For sexual abuse committed before July 1, 2024, § 657-1.8(a)(1) bars an action brought more than “(A) Eight years after the eighteenth birthday of the victim; or (B) Three years after the date the victim discovers or reasonably should have discovered that psychological injury or illness occurring after the victim’s eighteenth birthday was caused by the sexual abuse, whichever occurs later.” In practice the first branch closes at age 26.

For sexual abuse committed on or after July 1, 2024, § 657-1.8(a)(2) allows “Thirty-two years after the eighteenth birthday of the victim” or “Five years after the date the victim discovers or reasonably should have discovered” the causal link, whichever occurs later. The first branch closes at age 50.

The change looks forward only. A survivor abused in the 1990s or 2000s is still under the eight-year rule and its three-year discovery alternative. For that group the discovery branch can decide the case: it runs from when the survivor knew or should have known that psychological injury or illness after age 18 was caused by the abuse, which can come long after the abuse itself.

The statute also limits what conduct qualifies. Under § 657-1.8(a), the civil claim “shall be based upon sexual acts that constituted or would have constituted a criminal offense under part V or VI of chapter 707,” the parts of the Penal Code covering sexual offenses and child abuse.

The 2012 to 2020 Revival Window Has Closed

Former § 657-1.8(b), enacted by Act 68 of 2012 and extended by Act 112 of 2014 and Act 98 of 2018, allowed a victim “for a period of eight years after April 24, 2012” to file against the abuser a claim that had expired under the statute of limitations in effect before that date. CHILD USA reports that the window closed April 24, 2020, that it reached organizations only on a gross negligence finding, and that the provision no longer appears in the statute.

Suing a School, Church, or Other Organization: Gross Negligence and a Certificate of Merit

Section 657-1.8(b) allows a claim against a legal entity where the abuser was employed by an entity that owed the victim a duty of care, or where the abuser and victim “were engaged in an activity over which the legal entity had a degree of responsibility or control.” The standard is higher than ordinary negligence: “Damages against the legal entity shall be awarded under this subsection only if there is a finding of gross negligence on the part of the legal entity.”

Three procedural features follow, as CHILD USA describes the statute:

  • Certificate of merit (§ 657-1.8(d)). The plaintiff’s attorney files a sealed, confidential certificate containing a notarized statement from a licensed marriage and family therapist, mental health counselor, psychologist, or clinical social worker who knows the facts and is not a party, setting out the basis for believing the abuse occurred.
  • Trauma-informed training (§ 657-1.8(e)). In a claim against a legal entity, “a plaintiff may request, and a court may order, the personnel of the legal entity to undergo training on trauma-informed response to allegations of sexual abuse.”
  • Fee risk for false claims (§ 657-1.8(c)). A defendant may recover attorney’s fees only where the court finds a false accusation made with no basis in fact and with malicious intent; a defense verdict alone is not that finding.

Survivors Assaulted as Adults

Section 657-1.8 governs abuse of a victim who was a minor. For an adult, the starting point is § 657-7: “Actions for the recovery of compensation for damage or injury to persons or property shall be instituted within two years after the cause of action accrued, and not after, except as provided in section 657-13.” Section 657-13 is the tolling section, so when the claim accrued and whether any tolling applies are the first questions for a lawyer.

Section 657-1.7(a) created a temporary route for adults: “For a period of two years commencing on July 1, 2024, a person who is a victim of sexual abuse that occurred after June 30, 2012, in the State when the person was eighteen years of age or older may file a claim” against the person who committed the abuse if the claim was barred by the limitation period in effect before July 1, 2024. The same subsection allowed a claim against a legal entity that employed the abuser or controlled the activity, with damages “only if there is a finding of gross negligence on the part of the legal entity,” and § 657-1.7(d) required a sealed certificate of merit from a licensed mental health professional. By its own terms the window ran two years from July 1, 2024, so it closed at the end of June 2026. The text quoted here is the FindLaw version dated January 1, 2025; anyone who believes a claim was filed in time, or that the window was extended, should have a lawyer check the session laws since then.

Criminal Deadlines Under § 701-108

A prosecution is the state’s case, with its own time limits in Haw. Rev. Stat. § 701-108. Under § 701-108(1), “sexual assault in the first and second degrees, sex trafficking, and continuous sexual assault of a minor under the age of fourteen years may be commenced at any time.” CHILD USA reports that Act 113 of 2014 removed the limitation for first and second degree sexual assault and that Act 68 of 2021 added sex trafficking.

Other sexual offenses keep a deadline. Section 701-108(2) sets six years for a class A felony, three years for any other felony (with specific exceptions), two years for a misdemeanor, and one year for a petty misdemeanor. For felonies under chapter 707, part V or VI, § 701-108(6)(c) stops the clock “during any time when the victim is alive and under eighteen years of age,” so the period starts at the victim’s 18th birthday. CHILD USA notes the result for third degree sexual assault, a felony outside § 701-108(1): a survivor abused as a child is out of time at 21.

Section 701-108(3)(c) allows an extension where a test confirming the offender’s DNA is performed before the ordinary period expires, capped at ten years beyond that period.

Preparing for a Hawaii Consultation

The dates that decide a Hawaii childhood claim are the date of the abuse (before or after July 1, 2024), the survivor’s date of birth, and the date the survivor connected an injury or illness to the abuse. With those ready, ask:

  1. Does § 657-1.8(a)(1) or (a)(2) govern, and what is the last filing day under each branch?
  2. What evidence would show when the survivor discovered, or reasonably should have discovered, the causal link?
  3. Does the conduct fit an offense in part V or VI of chapter 707?
  4. Which organization owed a duty of care or controlled the activity, and what facts point to gross negligence rather than ordinary negligence?
  5. Who will provide the certificate of merit, and how is its confidentiality protected?
  6. Is a trauma-informed training order worth requesting in this case?
  7. How is the contingency fee calculated, who advances case costs, and does the firm represent any likely defendant or its insurer in other matters?

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

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 in 2010 and I am now 30. Is my claim over?

Not necessarily. Abuse before July 1, 2024 falls under § 657-1.8(a)(1). The eight-year branch closed at 26, but the three-year discovery branch runs from when you discovered, or reasonably should have discovered, that psychological injury or illness after age 18 was caused by the abuse, and the later of the two dates controls.

Does the age 50 deadline apply to me?

Only if the abuse happened on or after July 1, 2024. The 2024 amendment applies to abuse committed from that date forward.

Can I sue the organization where the abuse happened?

Yes, under § 657-1.8(b), if the abuser was employed by an entity owing you a duty of care or the activity was one the entity had responsibility for or control over. Damages against the entity require a finding of gross negligence, and the claim requires a certificate of merit from a licensed mental health professional.

Can a revived claim still be filed under the 2012 window?

No. That window allowed filings for eight years after April 24, 2012 and closed in April 2020.

I was sexually assaulted as an adult in 2015. Can I still sue?

The general period in § 657-7 is two years after the claim accrued. Section 657-1.7 gave adults abused after June 30, 2012 a two-year period beginning July 1, 2024 to file claims that had already expired, and by its terms that period ended in June 2026. A lawyer can check accrual, tolling under § 657-13, and whether any later law changed the window.

Support and Reporting Lines

  • Emergency: 911
  • National Sexual Assault Hotline: 1-800-656-4673
  • Hawai’i Coalition Against Sexual Assault (office): 808-533-1637
  • Hawai’i State Coalition Against Domestic Violence (office): 808-832-9316

Sources