Eliminate the loophole on spousal rape in Ohio
Rape is a heinous crime, period. But in some circumstances, it is legal in Ohio.
You read that correctly.
Though state law makes raping a spouse a crime, there is a loophole: According to The Columbus Dispatch, the law “prevents rape charges from being filed when a spouse was drugged, unconscious or otherwise incapacitated.”
Members of the General Assembly’s Democratic Women’s Legislative Caucus want that changed to make raping a spouse illegal in any situation.
Reportedly, the state Prosecuting Attorneys Association once opposed such a change. Some PAA members worried it might create problems with false claims. But the association no longer argues against eliminating the loophole, the Dispatch reports.
Good. False claims can be made in any rape case. The burden of proof always rests on prosecutors.
Lawmakers should do away with the technicality. Rape under any circumstances is wrong.