Ohio Moves Forward to Eliminate Spousal Rape Loophole
Ohio lawmakers are taking steps towards eliminating the state’s spousal rape loophole, with a bill (HB 161) currently moving through the legislative process. The bill aims to remove exemptions for five different crimes, including rape, sexual battery, and unlawful sexual conduct with a minor, when the victim is the alleged perpetrator’s spouse.
Advocates Call for Closure of Spousal Rape Loopholes Nationwide
While Ohio progresses towards closing its spousal rape loophole, many other states continue to have laws in place that protect individuals accused of raping their spouses. Advocates warn that these loopholes create significant obstacles for victims seeking help and obtaining justice.
Emily Gemar, director of public policy at the Ohio Alliance to End Sexual Violence, highlights the detrimental impact of spousal rape loopholes: “They prevent people from coming forward after being abused and from obtaining a protective order. Sexual violence is rarely an isolated incident and often occurs alongside other forms of abusive behavior. If we’re not allowing people to report a crime to break that cycle of abuse, they may stay in that relationship longer and be subject to escalating abuse as time goes on.”
Historical Context and Ongoing Challenges
Efforts to eliminate spousal rape loopholes have been ongoing since the 1980s in Ohio, but recent years have seen increased momentum. Gemar credits survivors coming forward and sharing their experiences as crucial to the progress made so far. However, outdated beliefs about sexual violence within marriage remain a significant obstacle to complete repeal.
Overview of States with Remaining Loopholes
Several states still have spousal rape loopholes on their books, including California, Michigan, Idaho, Mississippi, Nevada, Oklahoma, South Carolina, and Virginia. These loopholes vary in their specific requirements, but they generally limit the circumstances under which a spouse can be charged with rape.
Recent Progress and Ongoing Efforts
In recent years, some states have taken steps to close spousal rape loopholes. Rhode Island and Maryland eliminated certain exemptions in 2021 and 2023, respectively. Advocates continue to push for the repeal of remaining loopholes, emphasizing the need to provide equal protection under the law to all victims of sexual assault.
