Ohio Gov. DeWine signs bill banning spousal rape into law

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Ohio Gov. Mike DeWine has signed a bill into law Friday that bans all forms of spousal rape. Up until now, drugging and sexually assaulting your partner wasn’t a crime as long as they had a ring on their finger.

Former Democratic state Rep. Jessica Miranda and state Rep. Brett Hillyer (R-Uhrichsville) introduced House Bill 161, which makes it clear that all sexual assault is prohibited — no matter the marital status. The bill allows victims to testify against their spouse, as well.

“We have just rewritten history,” Miranda told WEWS/OCJ. “Decades in the making, Ohio’s journey to close the spousal rape loophole reaches the finish line. I am so proud to have used my personal story of surviving sexual violence to usher in this necessary change.”

Miranda, a survivor of child sexual abuse, spent her time in the legislature as the face of the fight against sexual and domestic violence. She recently left her position in the House to become the Hamilton County Auditor.

Hillyer, an attorney, consistently sponsors bipartisan legislation.

“An individual does not lose the right to dignity and protection under the law simply by saying ‘I do’ at the altar,” Hillyer said. “I will continue to spearhead efforts that make Ohio safer and a place where all can flourish in the vein of safer communities and healthier families. My career in the General Assembly has been to fight for public safety and this is another step in that direction.”

Both chambers finally passed the bill in late April. It was nearly unanimous — with only one lawmaker voting no. State Rep. Bill Dean (R-Xenia) said it could cause problems in a marriage.

The bill will go into effect 90 days after DeWine files the legislation with the Ohio Secretary of State’s office.

It was legal?

Twenty years ago, Ohio outlawed “forcible” spousal rape — but lawmakers left in a provision that says purposely impairing your spouse’s mental state with alcohol or drugs or waiting until they are unconscious to assault them is legal.

A woman who suffered for a decade because the law didn’t see her abuse as rape cried with joy as she reacted to the vote.

“No person shall engage in sexual conduct with another who is not the spouse of the offender or who is the spouse of the offender but is living separate and apart from the offender, when any of the following applies…” according to section 2907.02 of the state’s Revised Code.

Other than drugging and then raping, a spouse can “have sex” with their partner if the victim is substantially impaired because of a mental or physical condition — or due to advanced age. Also, a spouse can “have sex” with their child bride, as the law doesn’t count sex with a kid less than 13 years old as rape.

The exceptions to the sex offenses that currently apply are rape, sexual battery, unlawful sexual conduct with a minor, gross sexual imposition and sexual imposition.

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This article was originally published on News5Cleveland.com and is published in the Ohio Capital Journal under a content-sharing agreement. Unlike other OCJ articles, it is not available for free republication by other news outlets as it is owned by WEWS in Cleveland.

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