Mary Alice Reporting –
Legislation sponsored by Ohio Representative Brett Hillyer, and former Rep. Jessica Miranda, to remove spousal exceptions for non-consensual sexual acts has been signed into law.
Ohio Governor Mike DeWine signed House Bill 161 last week and it eliminates the spousal exceptions for the offenses of rape, sexual battery, unlawful sexual conduct with a minor, gross sexual imposition, sexual imposition, and importuning and to permit a person to testify against the person’s spouse in a prosecution for any of those offenses.
Speaking during a Senate meeting, in support of the legislation, was District 16 Senator Stephanie Kunze (Coon-Zee), who says the law previously was written to suggest that spousal sexual violence is not taken seriously or its non-existence.
“This is especially concerning as a spouse should be the most trusted person in a marriage. Regardless of one’s marital status, rape is rape and marital status shouldn’t define one’s ability to obtain justice under the order of law.”
Hillyer notes that any allegations would still need to be backed by evidence.
“For something like gross sexual imposition you would still need the corroborating evidence, a show of force, a knowing that what you were doing was wrong. A he said, she said situation or vice versa, is not enough for a conviction. You need to have additional evidence.”
During the session, other Senator’s supported HB 161 and it passed with 32 yea’s and zero nays, which allowed the bill to go to the Governor’s desk.
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