Make Marital Rape Illegal in Ohio

The Issue

The purpose of my petition is to bring to your attention the antiquated and anti-human rights-based contents contained within Section 2907.02 of the Ohio Revised Code (the “Code”) regarding MARITAL RAPE.

Specifically, Chapter 2907 addresses sexual offenses and how they relate to a person’s spouse. While, generally speaking, marital rape is illegal in the state of Ohio, there are loopholes that grossly impact human lives every day. These loopholes prevent citizens of Ohio from defending our basic human rights and are spelled out within the Code.

In a Columbus, Ohio news report by Maeve Walsh on May 15, 2023, the reality of this Code was spelled out in Layman’s terms. For ease of reference, a portion of the referenced news report is here:

“While current law bars a married person from using or threatening force to sexually assault their partner, a loophole in the fine print of Ohio’s criminal code exempts perpetrators from prosecution if drugs or intoxicants are used to impair – then rape or sexually assault – their spouse.

‘Believe it or not, Ohio is one of only a few states that still has that in our code,’ Miranda said.

About 33% of rapes in the U.S. are committed by a current or former partner, according to the Department of Justice’s National Crime Victimization Survey from 2017.”

On April 26, 2023, House Bill 161 (the “Bill”) was introduced and passed on November 29, 2023. This Bill’s purpose is “to eliminate 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.” As of the date of this petition, the Bill has been referred to the Senate Judiciary. 

As a lifetime resident of the state of Ohio who has personally been through the processes of marriage and divorce to and from an individual who did not honor my consent at all times, this Bill would change the trajectory for others who experience the same pain, abuse, assault, and fear in their own marital relationship in the state of Ohio. My heart truly breaks for all Ohio residents who want nothing less than justice for their situation but are met with, “the court doesn’t care about that,” or “unfortunately, there is nothing we can do for you.” I will personally never forget the moment my divorce attorney advised me the acts committed against me in this respect were unfortunate, but not material to the divorce at hand or any action I could potentially take against him. Feeling betrayed by my own home of Ohio, helpless when my human rights were violated and not protected and broken for all of those in my situation past, present, and future does not fully embody the anguish of this reality. 

I, and many other Ohio residents, urge you to consider the details of this letter as well as the Bill with a sense of justice, humanity, and urgency. Human beings deserve to feel protected in a unity given by the power of the state in which they live. If you found yourself in this situation, what rights would you want? Reflect inward, and seriously consider how it can impact a life in the present, as well as the future. 

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The Issue

The purpose of my petition is to bring to your attention the antiquated and anti-human rights-based contents contained within Section 2907.02 of the Ohio Revised Code (the “Code”) regarding MARITAL RAPE.

Specifically, Chapter 2907 addresses sexual offenses and how they relate to a person’s spouse. While, generally speaking, marital rape is illegal in the state of Ohio, there are loopholes that grossly impact human lives every day. These loopholes prevent citizens of Ohio from defending our basic human rights and are spelled out within the Code.

In a Columbus, Ohio news report by Maeve Walsh on May 15, 2023, the reality of this Code was spelled out in Layman’s terms. For ease of reference, a portion of the referenced news report is here:

“While current law bars a married person from using or threatening force to sexually assault their partner, a loophole in the fine print of Ohio’s criminal code exempts perpetrators from prosecution if drugs or intoxicants are used to impair – then rape or sexually assault – their spouse.

‘Believe it or not, Ohio is one of only a few states that still has that in our code,’ Miranda said.

About 33% of rapes in the U.S. are committed by a current or former partner, according to the Department of Justice’s National Crime Victimization Survey from 2017.”

On April 26, 2023, House Bill 161 (the “Bill”) was introduced and passed on November 29, 2023. This Bill’s purpose is “to eliminate 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.” As of the date of this petition, the Bill has been referred to the Senate Judiciary. 

As a lifetime resident of the state of Ohio who has personally been through the processes of marriage and divorce to and from an individual who did not honor my consent at all times, this Bill would change the trajectory for others who experience the same pain, abuse, assault, and fear in their own marital relationship in the state of Ohio. My heart truly breaks for all Ohio residents who want nothing less than justice for their situation but are met with, “the court doesn’t care about that,” or “unfortunately, there is nothing we can do for you.” I will personally never forget the moment my divorce attorney advised me the acts committed against me in this respect were unfortunate, but not material to the divorce at hand or any action I could potentially take against him. Feeling betrayed by my own home of Ohio, helpless when my human rights were violated and not protected and broken for all of those in my situation past, present, and future does not fully embody the anguish of this reality. 

I, and many other Ohio residents, urge you to consider the details of this letter as well as the Bill with a sense of justice, humanity, and urgency. Human beings deserve to feel protected in a unity given by the power of the state in which they live. If you found yourself in this situation, what rights would you want? Reflect inward, and seriously consider how it can impact a life in the present, as well as the future. 

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Petition created on February 1, 2024