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Ohio bill would end spousal exemptions for sexual violence

More than half of women who have been raped by their spouse also report repeat victimization in their relationship.
More than half of women who have been raped by their spouse also report repeat victimization in their relationship.

COLUMBUS — A bill under consideration in the Ohio Legislature would ensure relationship status doesn't limit a sexual assault victim's ability to speak out against their abuser.



Under current law, certain sex crimes exempt people who commit sexual violence against their spouses, even though the same actions outside a marriage would be considered a crime.



Rosa Beltré, executive director of the Ohio Alliance to End Sexual Violence, said no one should assume spousal rape is within the bounds of socially acceptable behavior.



"'Your body is mine, and I own you as a property,' is the message that we're actually sending survivors," Beltré said. "And I cannot believe that it's this century and that we're still dealing with that.

"Marital rape is real, and it does exist."



It's estimated up to 1 in 10 sexual assaults occur within marriage, a statistic that rises to nearly 7 in 10 if domestic violence is already present in the relationship.



House Bill 121 is currently in the House Criminal Justice Committee. Opposing testimony has not yet been heard.



Beltré said the typical counterargument against removing spousal exemptions is that it would allow a person to make false accusations against their spouse. She said less than 3% of sexual abuse allegations are false.



"Eliminating that victim-blaming mentality is so crucial," Beltré said. "This is not a mechanism for retaliation, and this is not about unwanted sexual contact from their partner."



Beltré added Ohio is one of only 12 states that does not distinguish between married and unmarried victims of sexual violence.



"It sends survivors a message that what is happening to them is not a crime and that it's legal," Beltré said. "And then survivors have trouble identifying that they have experienced sexual violence. It's time for Ohioans to start believing survivors."

This story was originally published July 16, 2021 at 2:15 PM with the headline "Ohio bill would end spousal exemptions for sexual violence."