Spousal Rape Loophole: What Is It and How Is the State of Ohio Fighting to Change It?

Most people don’t enter marriage expecting to be taken advantage of and abused by their significant other. Unfortunately, for many people, spousal rape is a reality they are forced to endure, often without even realizing there’s a legal term for the transgressions made against them.

Sadly, the idea that a person (usually, but not always, a woman) cannot be raped by their spouse because sexual intercourse is simply one of their many marital duties is a notion not as obsolete as one may think. This outdated perspective persists in some households in Ohio and throughout the United States, perpetuating an injustice that demands rectification.

Although the State of Ohio has initiated steps towards closing the distressing gap in legal protection of sexually abused spouses, the progress is slow and riddled with obstacles. Because of this, victims of sexual assault can face legal challenges when attempting to hold their abusers accountable for their crimes.

Despite these legal roadblocks survivors of spousal rape can seek justice and retribution for their ordeals by filing a sexual abuse civil lawsuit. If you’re looking to file such lawsuit, having a skilled personal injury attorney by your side can provide the guidance, support and advocacy needed to navigate this complex legal landscape.

What Challenges Do Survivors of Spousal Rape Face in Ohio?

Ohio, like many other jurisdictions, has had legal loopholes that exempted spousal sexual assault from the definition of rape. These exemptions communicate the harmful message that sexual consent isn’t necessary within a marriage, regardless of the circumstances.

In essence, Ohio’s spousal rape loophole means a person is allowed to rape their spouse even if they are drugged, asleep, underage, unconscious or mentally or physically incapacitated (but not if they’re threatened with force or violence).

Keep in mind, in all other circumstances, these acts are illegal and subject to criminal prosecution.

These legal gaps have made it extremely difficult for survivors to seek justice and hold their abusers accountable.

What’s worse, many spousal rape victims face additional barriers in their journey toward justice and healing, including:

• Stigma and shame associated with speaking out against abuse within their marriage
• Limited awareness about the concept of spousal rape and its implications can lead to misconceptions and victim-blaming
• Profound emotional and psychological trauma resulting from the sexual abuse
• Inadequate legal support provided to victims during investigations and legal proceedings
• Slow legal reforms and shift in societal attitudes

Are Ohio Lawmakers Working to Eliminate the Spousal Rape Loophole?

Over the years, Ohio lawmakers have made great strides to eliminate the spousal rape loophole. Particularly, House Bill 161 introduced by bipartisan sponsors, Representatives Jessica Miranda (D-Forest Park) and Brett Hillyer (R-Uhrichsville), seeks to eliminate exceptions for spouses in cases of rape, sexual battery and unlawful sexual conduct.

As of 2023, the bill is still being considered by lawmakers who have spent a significant amount of time hearing testimonies from survivors and organizations speaking to the necessity of passing it into law.

If passed, the bill will hold offenders accountable for spousal rape and sexual assault, ensuring justice and protection for all individuals, regardless of their marital status.

How Can I Get Justice as a Survivor of Spousal Rape or Sexual Abuse in Ohio?

Currently, there is a troubling gap in the legal system where perpetrators may not face criminal charges for spousal rape due to existing loopholes. But don’t lose hope. If you’re a survivor of spousal rape, you still have avenues to seek justice.

Even though your case may not be considered criminal in the eyes of Ohio law, you may still be able to file a sexual assault claim in civil court to seek justice and financial compensation for the psychological trauma you have endured.

Whether your case is eligible for civil proceedings will vary based on the circumstances and your situation. It’s in your best interest to consult with a personal injury lawyer experienced in bringing civil cases against the perpetrators of sexual assaults.

Your attorney can gather evidence, interview witnesses and provide expert guidance throughout the legal process. Keep in mind that lawyers are skilled at navigating the complexities of the legal system. Their job is to ensure your rights are protected and your case is presented effectively.

Compensation for Survivors of Spousal Rape

In pursuing a civil sexual assault claim, you may be entitled to various forms of compensation. This can include economic damages, such as medical expenses for treatments resulting from the assault, counseling and therapy costs, as well as compensation for emotional distress, pain and suffering endured.

Contact the Buckeye Law Group Today

Having a knowledgeable and compassionate lawyer by your side can empower you to seek the justice you deserve and to receive the compensation needed to heal and rebuild your life.

The legal professionals at the Buckeye Law Group can help you file a sexual assault claim and provide support, guidance and expertise throughout the process.

Our attorneys serve Ohio residents located in the greater Cleveland, Columbus, Cincinnati, Dayton, Toledo and Akron areas.

To discuss your case for free with a lawyer near you, call 1-800-411-PAIN.