State v. Cardus

ACOBA, Judge.

We hold that the “consent” of an imprisoned person who, under the terms of Hawai'i Revised Statutes (HRS) § 707-731(l)(c) (1993) is subjected to sexual penetration by a person employed in a state correctional facility, is “ineffective consent” as defined in HRS § 702-235(3) (1993), and therefore not a defense to that charge of sexual assault in the second degree defined in HRS § 707-731(l)(c). We find support for our holding in the analogous section of the Model Penal Code and'Commentaries (Official Draft and Revised Comments 1980) (MPC) and in construing HRS § 707-731(l)(c) in…