State lawmakers held a hearing Tuesday on a loophole in Ohio state law that allows a married person to legally rape their spouse in certain cases.
The Ohio House Criminal Justice Committee held its fourth hearing on legislation to eliminate the loophole, and while new testimony was heard Tuesday, the committee adjourned without voting on moving the issue forward, meaning for now, it’s still stuck in committee.
Three proponents of HB 161 were in Columbus, with one offering written testimony urging lawmakers to pass the bill.
Committee members heard from healthcare experts who say current Ohio law allows spousal rape when the victim's ability to resist is impaired.
Among those giving testimony was a representative from the Association of Forensic Nurses Ohio chapter and a forensic and mental health nurse. They both say spousal victims deserve the same rights and protections as unmarried victims.
“Most every little girl dreams about being married. They have dreams from the time they are small of somebody loving them so, so intensely. And about this fairy tale,” said Melisa Minier with the Association of Forensic Nurses. “But marital rape is not something I ever thought that I would have to explain to them.”
Forensic nurse Takiyah Smith also provided testimony Tuesday.
“I don't have the heart to tell my patient that, hey, this technically isn't against the law because this is your spouse. But if this was her boyfriend, it is against the law,” she said.
Some members of the Ohio General Assembly have tried for years to close the loophole that protects spouses from being charged with sex offenses.
This is the fourth time since 2019 lawmakers have attempted to end the marital rape exemption, but one of the bill's sponsors told us she's confident it will pass the house in the coming weeks or months.
Ohio is one of just 11 states that protects spouses from being prosecuted for sex offenses.
Watch our report from last year when a similar bill failed to move forward in the Ohio House:
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