OHIO, USA — After several years of attempts, the Ohio Senate unanimously passed legislation to end a loophole that eliminates exceptions to sex offenses that apply if the victim is the spouse.
House Bill 161 is something the policy director for the Ohio Domestic Violence Network Maria York said has been a long time coming.
"In Ohio, we have archaic loopholes that essentially allows for, in some cases, for a spouse to rape their spouse," York said.
The bill removes the current exemptions for married couples. A spouse was protected from prosecution of rape unless there was a certain amount of force used or if the couple did not live together. This means spouses could use coercion or intoxicants to impair the other and not be prosecuted.
"Historically, marital relationships have been deemed not to be for public policy," Rachael Gardner, the director of victim services for YWCA said.
Gardner said rape is the most underreported crime in the country, making it hard to put numbers to how often it happens, especially marital rape. She said if someone knows three women and six men, statistically, they know someone impacted by sexual violence.
"It's sad and it's horrific that the survivors in the past have not received the justice they should've received, but hopefully moving forward now we have the tools in the law enforcement and in the courts to hold offenders accountable for raping your spouse," York said.
The legislation should allow survivors to access more services, according to Gardner.
"It opens more doors for safety planning and for survivors to be able to safely access services, access potentially the criminal justice system and put protections in place so they can be safe," Gardner said.
Gardner said if you or someone you know is experiencing sexual violence, there are resources available at the YWCA. The building is currently under renovation, but Gardner said they are still offering all of the regular services and advocacy options.