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State v. Rivera
Hawaii Supreme Court
612 P.2d 526 (1980)
- Written by Deanna Curl, JD
Facts
Rivera (defendant) was convicted of aggravated rape under HRA Section 707-730, a state rape statute. At the time of Rivera’s conviction, Section 707-730 defined rape as forcible sexual intercourse with a female and provided that only men could be punished for the offense. After Rivera’s conviction, Section 707-730 was amended by the legislature to use gender-neutral terms for perpetrators and victims. Rivera appealed his conviction, arguing that he was denied equal protection under the Fourteenth Amendment of the United States Constitution and the equal-rights amendment (ERA) of the Hawaii Constitution.
Rule of Law
Issue
Holding and Reasoning (Ogata, J.)
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