HAWAII
CHILD SEX ABUSE SOLs
CURRENT CIVIL SOL
CSA: The civil CSA SOL is age 26 or 3 years from discovery as against perpetrators. The SOL is age 20 or 2 years from discovery as against other defendants.
Trafficking: The SOL is age 24 for sex trafficking claims.
CSAM: The SOL is age 26 for CSAM claims.
CIVIL SOL SNAPSHOT
AGE CAP | CSA: AGE 26 TRAFFICKING: AGE 24 CSAM: AGE 26 |
REVIVAL LAW | NONE |
DISCOVERY TOLLING | 3 YEARS AGAINST PERPETRATOR 2 YEARS AGAINST OTHER DEFENDANTS |
Civil SOL History
Age Cap | |
2002 | CSA claims were governed by the general personal injury statute, with an SOL of age 20 (age of majority, 18, plus 2 years) and a 2-year discovery rule.[i] |
2012 | Enacted a civil action for sexual offenses and set the SOL at age 26 (age of majority, 18, plus 8 years) for CSA and CSAM claims against perpetrators.[ii] |
2013 | Extended the SOL to age 24 (age of majority, 18, plus 6 years) for sex trafficking claims.[iii] |
Revival Law | |
2012 | Enacted a 2-year window for previously expired CSA claims against a perpetrator or entity that employed the person accused and had a duty of care to the child from April 24, 2012 until April 23, 2014.[iv] |
2014 | Added another 2 years to its window and broadened its revival to explicitly include claims against the government, leaving the window open until April 23, 2016.[v] |
2018 | Added another 2-year extension to its window, leaving it open for a total of 6 years until April 23, 2020.[vi] |
Discovery | |
Common Law | In 1996, Hawaii recognized a common law discovery rule, which tolls the 2-year SOL from running until a victim is aware of her injuries and the “causal link” to the CSA.[vii] |
Statutory | In 2012, Hawaii added a statutory 3-year discovery rule for claims against perpetrators only, which is triggered by the victim’s reasonable discovery that “psychological injury or illness occurring after the minor’s eighteenth birthday was caused by the sexual abuse.”[viii] |
[i] Id. at §§ 657-7 (2002) (two-year SOL), 657-13 (2002) (minority tolling); Dunlea v. Dappen, 924 P.2d 196, 204 (Haw. 1996), abrogated by Hac v. University of Haw., 73 P.3d 46 (Haw. 2003) (recognizing a discovery rule for CSA claims).
[ii] Haw. Rev. Stat. § 657-1.8 (2012) (age 26 SOL).
[iii] Id. at § 663J-7 (2013).
[iv] Id. at § 657-1.8 (2012) (two-year window); S.B. 2588, 2012 Gen. Assemb. Reg. Sess. (Haw. 2012).
[v] Haw. Rev. Stat. § 657-1.8 (2014) (two-year window); SB 2687, 2014 Gen. Assemb. Reg Sess. (Haw. 2014).
[vi] Haw. Rev. Stat. § 657-1.8 (2018) (eight-year window); 2018 Haw. Sess. Laws 98 (S.B. 2719). See also Relating to Limitation of Actions For Sexual Assault: Hearing on H.B. 415 Before the H. Comm. On Jud. and Lab., 29th Cong. (2017) (statement of Professor Marci Hamilton regarding Hawaii proposed 2018 amendments to CSA SOLs). https://www.capitol.hawaii.gov/session2018/testimony/HB415_TESTIMONY_JUD_02-07-17_.PDF.
[vii] Dunlea, supra note 270.
[viii] Haw. Rev. Stat. § 657-1.8(a).
CURRENT HAWAII CIVIL LAW
Haw. Rev. Stat. § 657-7 - Damage to persons or property
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.
Haw. Rev. Stat. § 657-1.8 - Civil action arising from sexual offenses; application; certificate of merit
(a) Notwithstanding any law to the contrary, except as provided under subsection (b), no action for recovery of damages based on physical, psychological, or other injury or condition suffered by a minor arising from the sexual abuse of the minor by any person shall be commenced against the person who committed the act of sexual abuse more than:
(1) Eight years after the eighteenth birthday of the minor or the person who committed the act of sexual abuse attains the age of majority, whichever occurs later; or
(2) Three years after the date the minor discovers or reasonably should have discovered that psychological injury or illness occurring after the minor’s eighteenth birthday was caused by the sexual abuse,whichever comes later.
A civil cause of action for the sexual abuse of a minor shall be based upon sexual acts that constituted or would have constituted a criminal offense under part V or VI of chapter 707.
(b) For a period of eight years after April 24, 2012, a victim of child sexual abuse that occurred in this State may file a claim in a circuit court of this State against the person who committed the act of sexual abuse if the victim is barred from filing a claim against the victim’s abuser due to the expiration of the applicable civil statute of limitations that was in effect prior to April 24, 2012.
A claim may also be brought under this subsection against a legal entity if:
(1) The person who committed the act of sexual abuse against the victim was employed by an institution, agency, firm, business, corporation, or other public or private legal entity that owed a duty of care to the victim; or
(2) The person who committed the act of sexual abuse and the victim were engaged in an activity over which the legal entity had a degree of responsibility or control.
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.
(c) A defendant against whom a civil action is commenced may recover attorney’s fees if the court determines that a false accusation was made with no basis in fact and with malicious intent. A verdict in favor of the defendant shall not be the sole basis for a determination that an accusation had no basis in fact and was made with malicious intent. The court shall make an independent finding of an improper motive prior to awarding attorney’s fees under this section.
(d) In any civil action filed pursuant to subsection (a) or (b), a certificate of merit shall be filed by the attorney for the plaintiff, and shall be sealed and remain confidential. The certificate of merit shall include a notarized statement by a:
(1) Psychologist licensed pursuant to chapter 465;
(2) Marriage and family therapist licensed pursuant to chapter 451J;
(3) Mental health counselor licensed pursuant to chapter 453D; or
(4) Clinical social worker licensed pursuant to chapter 467E;
who is knowledgeable in the relevant facts and issues involved in the action, who is not a party to the action.
The notarized statement included in the certificate of merit shall set forth in reasonable detail the facts and opinions relied upon to conclude that there is a reasonable basis to believe that the plaintiff was subject to one or more acts that would result in an injury or condition specified in [subsection] (a).
HAW. Rev. Stat. § 657-13 - Infancy, insanity, imprisonment
If any person entitled to bring any action specified in this part (excepting actions against the sheriff, chief of police, or other officers) is, at the time the cause of action accrued, either:
(1) Within the age of eighteen years;
(2) Insane; or
(3) Imprisoned on a criminal charge, or in execution under the sentence of a criminal court for a term less than the person’s natural life;
such person shall be at liberty to bring such actions within the respective times limited in this part, after the disability is removed or at any time while the disability exists.
Case law
Dunlea v. Dappen, 924 P.2d 196, 204 (Haw. 1996), abrogated by Hac v. Univ. of Hawaii, 73 P.3d 46 (Haw. 2003) (recognizing a common law discovery rule for child sex abuse claims)
CURRENT CRIMINAL SOL
CSA: There is no SOL for some sexual assault felonies, and an SOL of ages 21 and 24 for other felonies. The SOL for misdemeanors is two years from the offense.
Trafficking: There is no SOL for sex trafficking felonies.
CSAM: The SOL for first-degree felony CSAM offenses is age 24, while the SOL for second- and third-degree felony CSAM offenses is age 21.
CRIMINAL SOL SNAPSHOT
CSA | NO SOL |
TRAFFICKING | NO SOL |
CSAM | AGE 24 |
Criminal SOL History
Age Cap | |
2002 | The criminal SOL was age 24 (age of majority, 18, plus 6 years) for Class A felony sex offenses, including first-degree CSAM violations, and age 21 (age of majority, 18, plus 3 years) for all other felony sex offenses, including second- and third-degree CSAM violations. The SOL for misdemeanors was 2 years from the offense.[i] |
2005 | Added a provision that if DNA evidence was collected, the SOL for felonies was extended to 10 years after the applicable SOL would have expired.[ii] |
2014 | Eliminated the SOL for felony first and second-degree sexual assault, and continuous sexual assault of a minor under age 14.[iii] |
2021 | Eliminated the SOL for felony sex trafficking of minors and adults.[iv] |
[i] Id. at § 701-108 (2002) (SOL).
[ii] Id. (2005) (SOL).
[iii] Id. (2014) (SOL).
[iv] Id. (2021) (SOL); 2021 Haw. Sess. Laws 68 (H.B. 887).
CURRENT HAWAII CRIMINAL LAW
Haw. Rev. Stat. § 701-108 - Time Limitations
Case Law
The information provided is solely for informational purposes and is not legal advice. To determine the Hawaii SOL in a particular case, contact a lawyer in the state.
Last Updated: November 30, 2023