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Hawaii Revised Statutes Division 4. Courts and Judicial Proceedings § 657-1.8

Current as of January 01, 2025 | Updated by Findlaw Staff

(a) Notwithstanding any law to the contrary, no action for recovery of damages based on physical, psychological, or other injury or condition suffered by a victim when the victim was a minor, arising from the sexual abuse of the victim by any person when the victim was a minor, shall be commenced against the person who committed the act of sexual abuse more than:

(1) For sexual abuse committed before July 1, 2024:

[(A) Eight years after the eighteenth birthday of the victim; or]

(B) Three years after the date the victim discovers or reasonably should have discovered that psychological injury or illness occurring after the victim's eighteenth birthday was caused by the sexual abuse,

whichever occurs later; or

(2) For sexual abuse committed on or after July 1, 2024:

(A) Thirty-two years after the eighteenth birthday of the victim; or

(B) Five years after the date the victim discovers or reasonably should have discovered that psychological injury or illness occurring after the victim's eighteenth birthday was caused by the sexual abuse,

whichever occurs later.

A civil cause of action for the sexual abuse of a victim when the victim was 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) A claim may also be brought under this section 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 before 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) Marriage and family therapist licensed pursuant to chapter 451J;

(2) Mental health counselor licensed pursuant to chapter 453D;

(3) Psychologist licensed pursuant to chapter 465; or

(4) Clinical social worker licensed pursuant to chapter 467E,

who is knowledgeable in the relevant facts and issues involved in the action, and 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).

(e) With respect to a legal entity against whom a claim is brought pursuant to subsection (b), a plaintiff may request, and a court may order, the personnel of the legal entity to undergo training on trauma-informed response to allegations of sexual abuse. As used in this subsection, “trauma-informed response” may include:

(1) Fully integrating research about the effects and impacts of trauma into policies, procedures, and practices;

(2) Understanding the ways in which stress and trauma may affect attention, cognition, behavior, and memory processes;

(3) Creating an environment that is safe, non-judgmental, and free of gratuitous re-triggering; and

(4) Listening to and documenting victims' statements without judgment.

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Cite this article: FindLaw.com - Hawaii Revised Statutes Division 4. Courts and Judicial Proceedings § 657-1.8 - last updated January 01, 2025 | https://codes.findlaw.com/hi/division-4-courts-and-judicial-proceedings/hi-rev-st-sect-657-1-8/

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