Cleveland, Ohio 2021-05-28 12:35:00 –
Proponents of the bill to eliminate spouse rape and sexual assault loopholes say the state needs to stop the double standards that exist for sex crimes.
Heather McCommas Harrison appeals to House Commission on Thursday to pass House Bill 121 to remove the wording of Ohio law that excludes spouses for crimes such as rape, sexual assault, and sexual rape. I talked from my experience when I did.
Macomas-Harrison should not be prosecuted for sex crimes in which her husband has been raped against her for years and caused physical and mental injuries simply because of the existence of a marriage license. Said it was unfair.
“Complete strangers meet each other, one rapes the other, society becomes breathtaking, horrifying, and seeks justice for the raped,” McCommas Harrison told the House Criminal Justice Commission. “But if they are raped by their lifelong partners, such as when they vow to respect each other, they have no right to a trial.”
McComas-Harrison says it’s a state error to grant a divorce request because of rape, but it doesn’t give survivors rights and even spouses’ right to treatment through the Ohio Rehabilitation Corrections Bureau. Stated.
Michaela Deming, policy director and staff lawyer for the Ohio Domestic Violence Network, said House Bill 121 grants equal access to the law, whether raped or married. Said that.
Citing a National Institute of Justice report, Deming found that 40 to 45% of women in abusive relationships were sexually assaulted by abusive partners, and more than half of them were assaulted multiple times. I said I was receiving it. Using these statistics, Deming said married women had less protection from rape than unmarried women.
“Certainly, current law plays a role in preventing women from getting married, knowing that women lose legal protection if their spouse becomes violent,” Deming testified to the Commission. ..
Luis Tobin, Executive Director of the Ohio Prosecutor’s Association, agrees that the existence of legal documents specifying two spouses should not make a difference when it comes to sex crimes.
“Ultimately, those who have a viable allegation of spouse sexual abuse are justice, fearing that others will try to abuse our criminal justice system by making false allegations. Should not be prevented from obtaining asking for, “Tobin testified to the Commission.
The law also allows individual spouses to testify in the prosecution of these crimes.
Tobin was asked by Republican Cincinnati Rep. Bill Seitz if, for example, controversial divorce would be considered when considering allegations of sexual misconduct against his spouse.
“Then, somewhere during the 25-year period (the rape statute in Ohio), they divorced, quarreled over their children, and their spouse said: With my friendly local prosecutor, this He charged another spouse with spouse rape or terrible sexual rape, “Zytz posed to Tobin.
In any proceeding, Tobin said that regardless of the source of the allegation, the allegation remains at an unquestionable level and ultimately needs to be proved beyond reasonable doubt. ..
“I don’t think there’s a difference between a woman who was dating 12 years ago and a woman who got married 12 years ago to make that claim,” Tobin said. “The prosecution has raised the issue. I need to sort out. I don’t think there is any difference in rape or sexual assault just because you have a marriage certificate. ”
Originally published by Ohio Capital Journal. Reissued here with permission.
Supporters of Ohio Bill That Would Close Spousal Rape Loophole Implore Passage Source link Supporters of Ohio Bill That Would Close Spousal Rape Loophole Implore Passage