Closing the Spousal Rape Loophole in Ohio: Survivors Demand Justice

Survivors of sexual assault perpetrated by their spouses have one simple plea for the Ohio Legislature: “Please help us,” says Sarah Tucker. Tucker, a survivor herself, endured not only the trauma of rape from her former husband but also faced the distressing reality of law enforcement inaction due to an exception for married couples within Ohio’s sex offense laws.

Seeking Justice

Tucker’s journey to break free from her abuser was fraught with challenges. Despite finally managing to separate herself from her spouse, justice remains elusive. She, like many survivors, grapples with the lasting impact of trauma, seeking solace through mental health treatment and other forms of assistance.

A Legislative Solution

The Ohio Senate Judiciary Committee recently heard proponent testimony on House Bill 161, a crucial step towards closing the spousal rape loophole. This bill aims to eliminate spousal exceptions to various sexual offenses, including rape, sexual battery, unlawful sexual conduct with a minor, gross sexual imposition, and sexual imposition.

Analyzing the Bill

According to an analysis by the Legislative Service Commission, HB 161 seeks to remove the spousal exception for rape, regardless of whether the spouses live together or apart. Additionally, it enables individuals to testify against their spouses in cases involving these offenses, ensuring that survivors have the opportunity to seek justice.

National Context

Ohio is currently one of only eleven states that still maintain a spousal exception for rape and sexual assault cases. Advocates argue that closing this loophole is essential to providing survivors with the justice they deserve and preventing further trauma.

Advocating for Change

Rebecca Peckinpaugh, a licensed social worker and advocate for survivors, emphasizes the importance of removing obstacles to justice for survivors of sexual violence. She believes that denying survivors the option of justice is both negligent and re-traumatizing.

The Urgency of Action

Data from organizations such as the National Institute of Justice highlights the prevalence of intimate partner sexual assault. With 40% to 45% of women in abusive relationships experiencing sexual assault from a partner, the need for legislative action is clear.

A Public Health Crisis

Davina Cooper, director of rural services for Women Helping Women, underscores the urgent need for action, especially in light of rising rates of intimate partner violence. Cooper describes intimate partner violence as a public health epidemic that affects not only survivors but also their children, family members, and communities.

Progress and Hope

House Bill 161, with bipartisan support, has already passed the Ohio House. Approval from the state Senate would bring the bill one step closer to becoming law, offering hope to survivors and signaling a crucial step towards justice and accountability.