Terms Used In Hawaii Revised Statutes 321-511

  • Compulsion: means absence of consent, or a threat, express or implied, that places a person in fear of public humiliation, property damage, or financial loss. See Hawaii Revised Statutes 321-511
  • Department: means the department of health unless otherwise specified in this part. See Hawaii Revised Statutes 321-511
  • Hospital: means any institution with an organized medical staff, regulated under sections 321-11(10) and 321-14. See Hawaii Revised Statutes 321-511
  • Sexual assault: means vaginal penetration without the person's consent, by compulsion or strong compulsion. See Hawaii Revised Statutes 321-511
  • Strong compulsion: means the use of or attempt to use one or more of the following to overcome a person:

    (1) A threat, express or implied, that places a person in fear of bodily injury to the person or another person, or in fear that the person or another person will be kidnapped;

    (2) A dangerous instrument; or

    (3) Physical force. See Hawaii Revised Statutes 321-511

As used in this part, unless the context otherwise requires:

“Compulsion” means absence of consent, or a threat, express or implied, that places a person in fear of public humiliation, property damage, or financial loss.

“Department” means the department of health unless otherwise specified in this part.

“Emergency contraception” means one or more prescription drugs used separately or in combination that are:

(1) Used postcoitally within a recommended amount of time;

(2) Used for the purposes of preventing pregnancy; and

(3) Approved by the United States Food and Drug Administration.

“Hospital” means any institution with an organized medical staff, regulated under sections 321-11(10) and 321-14.5, that admits patients for inpatient care, diagnosis, observation, and treatment.

“Sexual assault” means vaginal penetration without the person’s consent, by compulsion or strong compulsion.

“Sexual assault victim” means a person who alleges or is alleged to have been sexually assaulted and as a result of the sexual assault presents as a patient at a hospital.

“Strong compulsion” means the use of or attempt to use one or more of the following to overcome a person:

(1) A threat, express or implied, that places a person in fear of bodily injury to the person or another person, or in fear that the person or another person will be kidnapped;

(2) A dangerous instrument; or

(3) Physical force.