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Reps. Miranda, Galonski introduce legislation to create a path to justice for survivors of sexual violence

Bill would modernize Ohio's rape code
April 21, 2021
Jessica E. Miranda News

COLUMBUS –Reps. Jessica E. Miranda (D-Forest Park) and Tavia Galonski (D-Akron) introduced legislation Wednesday to eliminate both the statute of limitations for criminal and civil sex crimes and spousal exemptions for rape, sexual battery, and other sexual offenses.  It will also extend the window for victims of childhood sexual abuse to sue their abusers from 12 years after they reach adulthood to 37 years and create a three year window for survivors older than 55 to take action. 

“This legislation is long overdue and helps provide survivors of sexual violence a path towards justice,” said Rep. Miranda. “Ohio has a long way to go in our efforts to protect survivors, and this bill takes a significant step in the right direction towards making our communities safer.”

“Justice for victims of sexual assault should not have an expiration date. This legislation right-sizes our laws to empower some of the most vulnerable Ohioans who were not able to receive timely justice under the current statute,” said Rep. Galonski. 

Under the current Revised Code, prosecution against a perpetrator of rape or sexual battery must begin within 25 years after the commission of or attempt to commit the crime. This is an extension of the 20-year statute of limitations that was in place prior to 2015. While the existence of a statute of limitations for sex crimes had its basis in the idea that evidence deteriorates over time, DNA testing technology has advanced enough to detect evidence that is decades old. Seven other states have already removed the statute of limitations for all felony sex crimes: Kentucky, Maryland, North Carolina, South Carolina, Virginia, West Virginia, and Wyoming.

Although marital rape has been illegal in all 50 states for over two decades, Ohio is one of 12 states in which there exists a loophole that prevents a rapist from being prosecuted for spousal rape as long as no “threat of force or violence” exists. In other words, in Ohio it is legally permissible for a spouse to use drugs to incapacitate their spouse and force them to have sex without their consent.

These changes must be made in order to modernize Ohio’s rape code and give survivors of sexual violence the justice that they deserve, as well as to empower the victims of childhood sexual abuse who want to seek justice when they are ready to do so.

This legislation awaits a bill number and referral to an Ohio House committee.