Bill would end carveout for those who rape a spouse
Ohio Rep. Jessica Miranda at Ohio Gov. Mike DeWine’s 2023 State of the State address in the Ohio Statehouse in Columbus on Tuesday, January 31, 2023. COLUMBUS, Ohio – After years of fruitless efforts, legislation to close Ohio’s “spousal rape loophole” passed an Ohio House committee on Tuesday.
According to the bill’s backers, Ohio is one of 11 states with a marital exception to rape offenses. In the late 1970s, states like Oregon and Nebraska launched the ongoing trend of repealing their spousal rape exceptions. CaliforniaMiranda, who said she was the victim of sexual abuse as a child and sexual assault as a teenager, said the bill, along with others she has sponsored focused on justice for victims of sexual crimes, is a means of turning her vulnerability into a “superpower.
“The reality is married persons did not and do not forfeit their right to bodily autonomy because they got married,” she said. “A person’s legal relationship to the person who harms them should never limit their options.” “I told him to stop over and over again. I lost count how many times this happened to me,” she said. “Why should him being my husband have any difference?”
“Given my long record of concern about overcriminalization, we had to do a fair amount of work to consider how broadly we wanted to go so as not to criminalize the consensual sexual contact short of rape or battery that might occur when both spouses are under the influence of alcohol or drugs and one of them later claims victim status,” he said.
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