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STATE v. CARDUS

No. 19260.

949 P.2d 1047 (1997)

86 Hawai`i 426

STATE of Hawai`i, Plaintiff-Appellee, v. Gilbert CARDUS, Jr., Defendant-Appellant.

Intermediate Court of Appeals of Hawai`i.

Certiorari Denied January 26, 1998.

Attorney(s) appearing for the Case

Reginald P. Minn, on the brief, Honolulu, for defendant-appellant.

Loren J. Thomas, Deputy Prosecuting Attorney, City & County of Honolulu, on the brief, for plaintiff-appellee.

Before BURNS, C.J., and WATANABE and ACOBA, JJ.

ACOBA, Judge.

We hold that the "consent" of an imprisoned person who, under the terms of Hawai`i Revised Statutes (HRS) § 707-731(1)(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(1)(c). We find support for our holding in the analogous...

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