Ohio Republican: Bill to scrap spousal rape exception could create 'wedge' in marriages

A Dayton-area House Republican was the only lawmaker to oppose legislation Wednesday that would eliminate spousal exceptions for rape and other sex crimes.

House Bill 161 would get rid of a provision in Ohio law that protects spouses from prosecution against rape, unless the perpetrator threatened force or the couple lives in separate homes. It also removes the marital exception for sexual battery and other sex crimes and allows spouses to testify against their partner in these cases.

Wednesday's vote was nearly unanimous, with Rep. Bill Dean, R-Xenia, being the sole "no" vote.

“I personally don’t believe that a man, if he’s married and has physical relations with his wife, that can be considered rape," Dean told the USA TODAY Network Ohio Bureau after the vote. "I also know that if they’re living apart or they’re divorced and stuff, sure, that’d be rape. I think this law can be used as a wedge between husband and wife and families and a husband and wife’s relationship."

Dean then ended the phone call, saying he had a meeting to attend.

Proponents have long called for changes to Ohio's law, saying it's an outdated exception that treats rape victims differently depending on their marital status. Rep. Jessica Miranda, D-Forest Park, said Ohio is one of 11 states with such a law on the books.

One-third of rapes are committed by the person's current or former spouse, boyfriend or girlfriend, according to the Rape, Abuse & Incest National Network. Nearly 20% of women and 7.6% of men reported sexual violence by an intimate partner in the 2016-2017 National Intimate Partner and Sexual Violence Survey, the most recent report available.

"These arcane laws are failing survivors of sexual violence by keeping them from pursuing the justice that they deserve," Miranda said.

The bill now heads to the Ohio Senate.

Haley BeMiller is a reporter for the USA TODAY Network Ohio Bureau, which serves the Columbus Dispatch, Cincinnati Enquirer, Akron Beacon Journal and 18 other affiliated news organizations across Ohio.

This article originally appeared on Cincinnati Enquirer: Ohio Republican opposes bill to close spousal rape loophole