On May 1, 2024 a unanimous vote was made, the Ohio Senate passed House Bill 161, to eliminate the “loophole that [keeps] spouses from being prosecuted for rape and other sex offenses”.
In Wednesday’s unanimous vote, the Ohio Senate passed House Bill 161. This legislation seeks to eliminate the “loophole that [keeps] spouses from being prosecuted for rape and other sex offenses.
According to the bill’s sponsors, Ohio previously remained one of only 11 states who continued to maintain an exception for marriage in rape and sexual assault cases.
Sarah Tucker, a survivor of spousal abuse, gave her testimony at a Senate Judiciary Committee hearing on House Bill 161. “The hard part is, you know, if it would have been a girlfriend or boyfriend, or a fiance, then it’s different; they could potentially be charged and prosecuted and convicted, but because it's a spouse and you took those vows the laws didn’t apply to you,” she said.
After experiencing sexual abuse, Tucker met with a prosecutor, who said “it was disgusting what [your husband] did, but unfortunately there’s nothing we can do...there’s no charges, I can’t find a charge to fit this.” Although many prosecutors expressed sympathy, they did not have the ability to enact change through the justice system.
Tammy Baumunk, Director of the Putnam County Crime Victim Services, also spoke regarding failures in the state’s sexual assault legislature. According to Baumunk, Ohio law is written “in such a way that exempts spouses from facing prosecution for sexually abusing their marriage partners,” and that those who experience this abuse are left unable to pursue justice.
Both Tucker and Baumunk support House Bill 161 and believe that it has the power to propel survivors’ healing journeys. The bill does not allow exemptions for married couples. Previously, spouses “were protected from prosecution unless the couples lived separately or certain force was used.” The charges specifically targeted in the bill are “rape, sexual battery, unlawful sexual conduct with a minor, gross sexual imposition and sexual imposition.”
Regardless of living arrangements, the bill also allows an individual to testify against their spouse during the prosecution of the included sexual offenses.
Tucker was inspired to share her story to a wider audience when she learned that House Bill 161 was going to pass through the Senate.
“I wanted to make sure that I spoke on behalf of not only myself, a survivor of a sex crime, but also, you know, I have three young daughters,” she said. She hopes to change laws for her girls “in the future, and even their children.”
The bill has already begun to receive positive feedback and the unanimous vote brings hope to survivors like Tucker.
Sarah Tucker also addressed other survivors during her testimony, saying “we all have one thing in common...we were all victimized by the one person who was supposed to love us the most, and we were supposed to feel safe with that person.”
Authors: Andy Goldwasser and Alexis Kabat
