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Bill ending spousal rape exemption passes unanimously in Ohio Senate

The bill now goes to Gov. Mike DeWine's desk for approval.

COLUMBUS, Ohio — The Ohio Senate voted unanimously Wednesday to pass a bill that eliminates exceptions to certain sex offenses that apply if the victim is the spouse.

The offenses outlined in House Bill 161 include rape, sexual battery, unlawful sexual conduct with a minor, gross sexual imposition, sexual imposition and importuning. The bill will also allow an individual to testify against their spouse if they choose to prosecute for any of the listed sex offenses.

Currently, Ohio law says the spousal exception for rape applies only if the spouse lives with the offender. This bill will eliminate that exception.

Ohio is one of 11 states with a similar law.

"I'm grateful to finally see it come to fruition so we can close this loophole in Ohio's law, providing protection to all survivors of sexual violence," said Senator Stephanie Kunze.

The bill was originally introduced in the Ohio House in April 2023, with former state Rep. Jessica E. Miranda and Rep. Brett Hudson Hillyer serving as the primary sponsors. It passed with a near-unanimous vote in the House in November 2023.

The bill now goes to Gov. Mike DeWine's desk for approval.

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