Haw. Pattern Jury Instr. (Criminal) 7.05

In any prosecution, the complaining witness' consent to the

conduct alleged or to the result thereof, is a defense if the

consent negatives an element of the offense or precludes excuses

the infliction of the harm [or evil] sought to be prevented by

the law defining the offense.

[Consent is not a defense if:

(1) It is given by a person who is legally incompetent to

authorize the conduct alleged; or

(2) It is given by a person who by reason of youth, mental

disease, disorder, or defect, or intoxication is manifestly

unable or known by the defendant to be unable to make a

reasonable judgment as to the nature or harmfulness of the

conduct alleged; or

(3) It is given by a person whose [improvident] consent is

sought to be prevented by the law defining the offense; or

(4) It is induced by force, duress, or deception.]

Consent may be express or implied.

"Consent" means a voluntary agreement or concurrence.

The burden is upon the prosecution to prove beyond a

reasonable doubt that the complaining witness did not give

express or implied consent to the conduct alleged or the result

thereof. If the prosecution fails to meet its burden, then you

must find the defendant not guilty.