June 19, 1981: Revised Statute on Rape Is Signed by Governor

Gov. George Ariyoshi this morning signed into law a bill which its supporters say will remove from the current rape statute what they claim is a virtual requirement to obtain conviction — that a woman resist her attacker.

The rape revision, next to a change in the state’s gun registration law, was perhaps the most controversial measure enacted by the 1981 session.

The gun registration bill, prompted by the attempted assassination of President Reagan and the shooting death of John Lennon, is still pending before the governor.

Ariyoshi has until Monday to decide whether to veto the bill which, among other things, would require a person wishing to buy a rifle or a handgun to wait from 10 to 15 days before getting a firearms permit.

The new rape law was developed at the last minute because of the public furor that occurred when four Nanakuli youths were acquitted in March of the gang rape of a Finnish tourist.

More than 2,000 persons marched in protest at the State Capitol and the state judiciary building demanding a change in Hawaii’s rape laws.

But there was no bill on rape before lawmakers at the time. So Senate Judiciary Chairman Dante Carpenter redrafted a House bill introduced by Rep. Russell Blair dealing with redefining all firearms as “dangerous weapons.” … Lawmakers changed the definition of what constitutes “forcible compulsion” or rape … (to) … “the use or attempt to use one or more of the following to overcome a person:

>> “A threat, expressed or implied, that places a person in fear of bodily injury to himself or another person, or in fear that she or another person will be kidnapped.

>> “A dangerous instrument.

>> “Physical force.”

The law, which took effect … today, retains part of the controversial “voluntary social companion” provision of the earlier statute, which had ruled out “rape” if the two parties had engaged in sexual intercourse within 12 months of the alleged offense. Lawmakers reduced the “social companion” period to one month.

But the new law deleted the … section in the rape law which required that rape complainants report their assaults within three months.