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Ohio is Withholding Justice for Some Married Survivors

June 16, 2021 by Rachel Coyle

Ohio is Withholding Justice for Some Married Survivors

Guest Blog Post By: Suzan Mchao, Innovation Ohio Intern

To have and to hold does not mean, and should never mean, to own and abuse. Yet, this outdated notion of a woman being treated as the property of their spouse is a pandemic that still plagues our society; creating insurmountable barriers to justice under our current law. Although many states in the U.S. have already eliminated the so-called “marital rape” loophole, Ohio has twice failed to pass this proposed legislation in recent years. Nevertheless, determined policymakers and advocates are continuing the fight to enact this long overdue legislation that brings equal treatment under the law for married individuals. 

Until 1975, “marital rape” without legal ramifications was allowed and justified by the widely accepted belief that women could not be raped by their husbands because sex is a part of their “wifely duties”. Fortunately, with pressure from the women’s rights movement, every state in the U.S. passed legislation eliminating the marital exemption and debunking this ancient notion, which is rooted deeply in rape culture and victim blaming.

Even with this monumental policy, over half of the 50 states still exempted husbands from prosecution despite the newly instated sexual offense clause. In Ohio, this loophole is still prevalent and excuses spousal rape when consent cannot be given due to the victim being impaired in some sort of capacity. This essentially means a husband is legally allowed to rape his wife if she is drugged, inebriated, mentally or physically incapacitated, unconscious, and even asleep.

House Bill 121 is the latest attempt to close the spousal exemption loophole for sex crimes in Ohio. The bipartisan bill, sponsored by Representatives Laura Lanese of the 23rd District and Kristin Boggs of the 18th district, garnered attention earlier this month as the House Criminal Justice Committee held a 2nd hearing for supporters of the bill to provide testimony. The legislation eliminates marital exemptions for the crimes of rape, statutory rape, sexual battery, gross sexual imposition, sexual imposition and importuning; providing equal protections under the law for married survivors and victims of sexual offenses and bringing Ohio’s laws into the 21st century. Lastly, the bill would allow for the victim to testify against their spouse during prosecution if they choose to seek legal recourse for the crime.

“Passing HB 121 is an opportunity to make impactful, systemic change. It will acknowledge the reality that domestic violence survivors are also sexual assault survivors, expand their available legal options, and hold offenders accountable for these criminal acts they choose to commit against people they claim to love. It will also help redefine healthy relationships, starting now and for future generations, resolutely declaring that love should not hurt, and that betraying the body and trust of another in this hateful manner is unacceptable, regardless of the legal status of your relationship.” – Tracy Grinstead-Everly, Chair of the Family and Sexual Violence Committee, National Council of Jewish Women, Cleveland Section.

While the Committee has completed its second hearing on the bill, there is more work to be done to finally pass this legislation into law. It is important to look at the data behind why this legislation is needed, and what the existence of this loophole means for anyone who decides to get married. Although spousal rape is statistically not as common, legal options should be available for those who are victims and survivors. The way that Ohio law is currently written, a victim or survivors who are married to their abuser cannot seek legal action in certain circumstances. Ohio House Bill 121 would address this current loophole in the law.

Statistics show that 33% of all adult sexual assault cases were committed by a spouse, boyfriend, girlfriend, or common-law partners. Additionally, 69% of all married rape victims are assaulted more than once. Although many fear and raise awareness for sex crimes committed by strangers, in 3 out of 4 cases, the offender knew the victim. So, when a woman is sexually assaulted by a familiar face, seeking lawful justice is oftentimes the only way for them to regain control in their lives. But what can a person do when that familiar face is the one they are legally bound to through marriage, and unable to seek justice under the law?

“In one instance, a 14-year-old pregnant girl married her 48-year-old boyfriend with the court’s consent in southern Ohio’s Gallia County, according to a Dayton Daily News investigation into child marriages.  While those marriages are now not lawful in Ohio, child predators can still escape punishment under existing Ohio law by just claiming marital privilege and exemption once married to their victim.” – Micaela Deming, Policy Director and Staff Attorney, Ohio Domestic Violence Network

Research estimates that 10-14% of all sexual assault cases fall under the category of “spousal rape,” but experts believe these statistics are drastically underrepresented. Although no victim’s journey should be trivialized, the legal impediments married victims are constricted by hinder them from reporting the crime at higher rates. With the exemption, a married woman cannot testify against her abuser, and is therefore already denied a greater possibility of justice before she seeks it. Moreover, the existence of this legislation reinforces the dangerous and outdated notion that rape within marriage does not exist.

“For victims and survivors of rape within marriage, the inability to take legal action can often be an insurmountable obstacle to even reporting the crime. As a consequence of this loophole, many women may not recognize that they have been victims of marital rape, or they may be cautious to question or resist unwanted sexual advances from their spouse.” – Erin Ryan, Managing Director, The Ohio Women’s Public Policy Network

During the June hearing, a notable testimony came from Heather McComas Harrison, a survivor of “marital rape”, whose harrowing journey to justice highlights the trials and tribulations victims face under the existence of this escape clause. After being repeatedly raped and abused by her husband, she was forced to lie to her children, family, friends and doctors about the origins of her wounds and her now missing tailbone. When she finally decided to seek protection under the law, she discovered that the loophole declares her husband is within his rights to commit these egregious crimes. Her story is just one of many real life instances presented at the hearing.

“I had a former client whose husband raped her, while making it clear that his intention was to impregnate her to trap her. It worked. She got pregnant twice via rape and was with him far longer than she would have chosen to be. She identified that pretty much all sex within their marriage was rape. In my work, I find that once ‘no’ is ignored, it’s less likely that someone will say ‘no’ next time. So, one instance of rape turns into coercion for future sexual encounters.”- Stacey Foster, SOS Clinician, LSS CHOICES

Consider the fear a woman must live with when the law agrees that even at her most vulnerable state, her body is not her own and her feelings are not validated. Envision the pain she must endure when a society expects her to choose her marriage over her safety and mental health. This is simply wrong, and it is past time for our law to stop treating married survivors differently.

We’ve internalized the timeless vows, “to have and to hold; in sickness and in health,” which signify the promise two individuals make when securing their “happily ever after”. As joyous or tumultuous as a marriage may be, the ultimate objective is to do everything you can to keep it from falling apart. Still, no spouse should ever confound their partner as their domain, and no spouse should ever be expected or legally bound to allow it.

“Changes to the criminal code happen when we decide as a citizenry that we do not accept certain behaviors in our society. Allowing this exemption to stay on the books tells all Ohioans that we accept spousal rape as within the bounds of socially acceptable behavior. This cannot stand. Ohio cannot continue to allow fears about false reporting, which is the exception rather than the norm, to deter essential changes to the law – changes that will improve health and safety for our entire population.”- Rosa Beltré, Executive Director, Ohio Alliance to End Sexual Violence

As a state, we owe it to survivors; to give everyone an equal chance at justice, regardless of whether or not they are married to their abuser. Many of the people reading this will have been lucky enough to have never experienced any of the accounts or be included in any of the statistics presented. However, this is an issue that many are forced to battle, and they may be doing so alone without ever seeking help – especially not if they are facing the legal barriers to recourse and justice. That should motivate our lawmakers to act swiftly to pass the bill and reshape this reality for survivors.


ABOUT THE AUTHOR:

Suzan Mchao (she/her) – The Ohio State University, Political Science Major

A third-year student this upcoming fall, Suzan will serve as an On-Campus Living Area Senator, Global Ambassador, and Co-President of the university’s African Youth League. Suzan grew up in Dar Es Salaam, Tanzania, enjoys traveling, and plans on pursuing a career in politics.

Filed Under: Uncategorized

STATEMENT ON THE POLICE KILLING OF MA’KHIA BRYANT AND BUILDING A FUTURE FREE OF POLICE VIOLENCE FOR BLACK WOMEN, GIRLS, AND FAMILIES

April 28, 2021 by Rachel Coyle

STATEMENT ON THE POLICE KILLING OF MA’KHIA BRYANT AND BUILDING A FUTURE FREE OF POLICE VIOLENCE FOR BLACK WOMEN, GIRLS, AND FAMILIES

We all deserve to feel safe and secure in our communities, no matter our race, our origin, or our zip code. But this week, after a jury delivered accountability for the murder of George Floyd by former police officer Derek Chauvin, Black communities barely had time to breathe a sigh of relief. News broke that in our own city of Columbus, police had killed Ma’Khia Bryant, a 16-year old Black girl within 11 seconds of arriving on the scene of an altercation.

Ma’Khia’s life, future, and light deserved a chance. Instead, they were cut short as a result of a system of violence that devalues Black bodies, and fails to see the humanity of Black girls — instead viewing them as a threat.

In our schools and communities Black girls including Ma’Khia are over-policed and under-resourced. They experience higher rates of punitive treatment and discipline. They are vulnerable to “adultification” bias by teachers, law enforcement, and other authority figures who therefore offer them less protection and more punishment. We believe that Black girls deserve joy, celebration, and protection like all children.

As a public policy organization, the Women’s Public Policy Network stands in solidarity with the protest movement and the calls for change because we understand the time-tested link between people’s uprising and policy reform. Without reforms, our nation will never dismantle the racism that harms the lives and futures of the women, girls, and families for whom we advocate every day. Racism and sexism are inextricably linked.

Too often, we fail to center the experiences of Black girls and women in the conversations around racist violence perpetrated by law enforcement. The violence against Black girls and women, particularly transgender Black women, cannot remain invisible in these efforts to call for justice and reform our systems. Our demands for change must include the end of racist violence against Black girls and women, and our calls for justice must be vocal and vigilant for Black girls and women killed by police: Breonna Taylor, Sandra Bland, Atatiana Jefferson – and now Ma’Khia Bryant.

There is no justice until all women and girls, Black, brown, or white, can live in a world where their lives are valued, where they are given the chance to live out their dreams, and where they can thrive – free from the threat of police violence. We remain committed to helping to build this future for Black girls and women across our state.

Read this statement on the Women’s Public Policy Network website.

Filed Under: Front Featured

Ohio Children’s Budget Coalition

April 1, 2021 by Rachel Coyle

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OhioChildrensBudget.org

Established in 2018, the Ohio Children’s Budget Coalition is committed to prioritizing the needs of children in Ohio’s state policy and budget decisions through their advocacy of child-focused recommendations for Governor DeWine and the 134th General Assembly as they deliberate on how to effectively invest in Ohio’s children, families, and future.

Filed Under: Front Featured

Stop AAPI Hate and Violence

March 18, 2021 by Rachel Coyle

Statement from the Ohio Women’s Public Policy Network Condemning Racist Anti-Asian Violence and Standing in Solidarity with the AAPI Community

“Everyone deserves the safety and security to live free from the threat of violence. But members of our Asian American and Pacific Islander (AAPI) communities have been met with increasing instances of anti-Asian hate — from verbal harassment, to workplace discrimination, to acts of physical violence.

“This week in Georgia, we witnessed the devastation of anti-Asian violence; violence that was steeped in white supremacy, racism, and misogyny. We condemn these shameful acts and mourn the eight lives lost, including six Asian women.

“Racism and sexism are inextricably linked. We cannot ignore the violence, harassment, and discrimination that disproportionately target Asian American women, reflecting the racialized misogyny that AAPI women face everyday. These acts of violence and harassment have increased during the pandemic as a result of anti-Asian rhetoric and racist scapegoating, but it has always existed in the United States.

“Our country has a long history of perpetrating violence, bias, and discrimination against Asian Americans. Historically, many laws and policies put in place upheld anti-Asian racism, such as the Chinese Exclusion Act, barring immigration solely based on race, and the exploitative labor laws in place within industries where Asian women are overrepresented. Public policy reform and cultural change go hand-in-hand. We must dismantle the systems of racism that exist within our laws, our rhetoric, and our actions.

“Throughout this pandemic, we have learned that we are stronger when we work together. The Women’s Public Policy Network stands in solidarity with the movement to end violence and discrimination against AAPI women and communities. We remain committed to the work ahead to build a future where everyone can live free from violence.”

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The Ohio Women’s Public Policy Network is a coalition of nearly 40 organizations working collaboratively to advocate for public policy solutions that build economic opportunity for women and their families. We come together under a collective vision: an Ohio where women have the resources to thrive and the ability to lead economically secure, safe, and healthy lives.

Resources to support the AAPI community and the families of those impacted by the deadly violence in Georgia: 

  • Asian Americans Advancing Justice (Atlanta):
    • Donation page to help the victims and their families, and the AAPI community in Georgia impacted by the violent acts that took place on Tuesday, March 16, 2021.
    • A Community-Centered Response to Violence Against Asian American Communities
  • OPAWL – Building AAPI Feminist Leadership in Ohio:
    • #IWillEatWithYou: Ohio AAPI-owned Restaurants
  • Stop AAPI Hate:
    • Report a hate incident
    • Safety Tips and Understanding Your Rights
    • Stop AAPI Hate National Report
  • Mental Health America of Ohio
    • Asian American/Pacific Islander Communities And Mental Health – Resources
  • Additional Resources
    • The Asian American and Pacific Islander (AAPI) Glass Ceiling in STEM | 50 Free Anti-Racism and Mental Health Resources

Filed Under: Front Featured

Racism Is a Public Health Crisis. It’s Past Time We Acknowledge This — and Act.

July 6, 2020 by Rachel Coyle

In the midst of the global coronavirus pandemic, which is disproportionately devastating Black communities, our nation is beginning to confront another health crisis that has long threatened the health and lives of Black people and people of color: racism. From health care to housing, from policing to economic opportunity, systemic racism is embedded into our country’s institutions, public policies, and even its founding.

As a direct result of our nation’s racist systems and policies, the health and economic fallouts of the coronavirus crisis are hitting people of color the hardest: Black people are overrepresented in both the COVID-19 case counts and hospitalizations, in Ohio and nationally. Women of color make up the majority of the “essential” frontlines workers, putting their health and lives on the line to provide for themselves and their families. At the same time, Black and Latinx women have experienced the highest rates of unemployment, both when the crisis first hit, and now, as state economics begin to reopen.

COVID-19 has laid bare the ways in which racism impacts the health and livelihood of communities of color, prompting a call for our state and national leaders to address the crisis through a racial lens. The protests following the murders of George Floyd, Breonna Taylor, Ahmaud Arbery, Tony McDade, and countless other Black people at the hands of police and racist attacks have amplified these calls for accountability and change to racist policies, not only in policing, but across the board within our health, economic, and criminal justice systems.

Now, those with power and privilege cannot look away as a groundswell of voices calls for our state to acknowledge the dangerous health impacts of racism, and to meet this threat with action. State lawmakers – spearheaded by members of the Ohio Legislative Black Caucus – introduced joint resolutions in the House and Senate (Senate Concurrent Resolution 14 and House Concurrent Resolution 31), which would take an important step forward in these efforts by formally declaring racism a public health crisis and spurring continued action by our state to promote racial equity.

Many local governments in Ohio and across the nation have passed similar declarations, and Ohio is one of a handful of states that are considering such resolutions. Over the last few weeks, the Senate Health, Human Services, and Medicaid Committee held two hearings on Senate Resolution 14, providing an opportunity for the bill sponsors and proponents of the bill to give testimony.

The Women’s Public Policy Network, along with several of our coalition partners, including Equality Ohio, Equitas Health, the Ohio Alliance to End Sexual Violence, the Ohio Chapter of the National Social Workers, the Ohio Federation of Teachers, Policy Matters Ohio, Restoring Our Own Through Transformation (ROOTT), UHCAN Ohio, URGE: United for Gender and Reproductive Equity, and YWCA Dayton provided written or in-person testimony in support of the resolution, joining the hundreds of individuals and organizations who submitted proponent testimony over two days of hearings. (Below, we highlight partner testimony from the hearings).

During the hearings, many witnesses called out the fact that historically, our country’s laws and policies have reinforced and perpetuated structural and institutional racism, discrimination, and bias towards people of color. Still today, many of the policies currently in place continue to perpetuate racial disparities in access to quality health care, workplace protections, economic opportunity, and freedom from violence. Our state lawmakers can actively dismantle these systems of oppression and racial injustice by advancing truly anti-racist policy solutions.

“Police violence is only one manifestation of racism as a public health crisis. Underlying these gruesome, widely shared videos are centuries of public policy that have created racial disparities either intentionally or by neglect in health care, housing, human services and on. Social workers see these impacts in every facet of health and human services where we work; as the predominate providers of behavioral healthcare in the state, in child and adult protection, doctor’s office and hospitals, schools, prisons and nursing homes. In each of these areas of practice, racial disparities in outcomes are common, not because of factors internal to Black people and other people of color, but because of racism in the environment.” Colleen Dempsey, Licensed Independent Social Worker and the Practice Associate for the Ohio Chapter of the National Association of Social Workers (Watch Colleen’s testimony)

 

“While the focus is now on the criminal justice system, which needs to be fixed, we also need to understand that the problem extends well beyond criminal justice and, in fact, seeps into every aspect of the work we do in Ohio. To end racist policies, we must, as this resolution demands, look at every codified ordinance through a racial equity lens.” Melissa Cropper, President, Ohio Federation of Teachers (Watch Melissa’s testimony)

 

 

Racism and racial bias is embedded into the systems that shape health outcomes across a person’s lifetime, including the health care systems where people seek care and services. We can look to our nation’s racial disparities in maternal mortality and morbidity rates as one of the many ways that racism within health care has very dangerous, deadly consequences for Black women and women of color. Black women are three to four times more likely to die from pregnancy-related deaths compared to white women, not solely because of racial disparities in access to and quality of care, but primarily as a result of discrimination and implicit bias in the health care system experienced before, during, and after pregnancy and stress and trauma associated with structural and institutional racism. A number of witnesses – many within the health care or medical industry – explained the ways in which our society has pointed to the “social determinants” of health as the core reason for racial health disparities, rather than focusing on the root cause: racism.

“[At ROOTT], we DO NOT focus merely on the social determinants that have become popular and safe to discuss publicly. We understand that the structural determinants of health and public policy steeped in racist ideologies have created the consequences we now call social determinants. As an organization, we have been intentional in proclaiming that racism is a public health risk factor, not one’s racial or ethnic designation…We are clear that race neutral solutions will not correct race specific challenges. Given the disproportionate impact of infant and maternal mortality on Black families, that occurs for a variety of institutional and systemic reasons that directly correlate with racism in the form of violent community policing, it is counterintuitive to expect solutions that ignore this unique specificity to be effective. ” Jessica Roach, CEO and Founder, Restoring Our Own Through Transformation (ROOTT) (Watch Jessica’s testimony)

“Hundreds of years of slavery, racism, and discrimination in this country have compounded to deliver poor health and economic outcomes for black people — heart disease, diabetes, and poverty— that are being magnified under the lens of the current coronavirus pandemic. This legacy of racism has also led communities of color to have less trust in institutions like the public health system, leading to even poorer health outcomes… Because our nation’s legacy of discrimination and preserved structural racism perpetuates racial disparities, actions must be targeted to address the specific needs of communities of color as we fight for better health outcomes.” Shannon Isom, Executive Director, YWCA Dayton, and President, Ohio Council of YWCAs (Watch Shannon’s testimony)

In addition to declaring racism a public health crisis, Senate Resolution 14 outlines steps for concrete action, such as urging the governor to establishment of a working group to promote racial equity and adopting a “racial equity lens” in legislative work within the state legislature. These components of the legislation could create opportunities for our state lawmakers to move forward policy solutions during COVID-19 and beyond that center the experiences and needs of people of color by actively applying a racial lens to proposals. As many of the witnesses mention, our public policies must be actively anti-racist to address the root causes of racial inequality.

In anti-sexual violence specifically, racism is a threat to the work of those who serve survivors in rape crisis centers. Survivors of rape, their families, and our communities cannot get the justice we call for when the justice system was created to oppress. Much less can they receive healing or any sense of safety as they navigate through their traumatic experiences if we are unable to call things as they are and if we refuse to create spaces that are truly culturally sensitive and genuine for people of color to receive what they need. To dismantle anti-Black racism and oppression in all its forms, change must take place from government offices, to state agencies, to non-profit programs, education institutions and the for-profit sector.” Rosa Beltré, Executive Director, The Ohio Alliance to End Sexual Violence (Watch Rosa’s testimony)

“Good decisions and good policy are driven by data. Yet decisions are frequently made without information on how policy will differentially impact people of color. All decision makers who are privileged should come to an understanding of their privilege, the role of implicit bias and the systems that reinforce racism.” Steven Wagner, Executive Director of the Universal Health Care Action Network of Ohio (UHCAN Ohio) (Watch Steve’s testimony)

 

“During the COVID-19 pandemic, we are only as safe as the person closest to us, and our health is connected to the health of our neighbors and our community. With Black Ohioans getting sick at higher rates, the COVID-19 pandemic is shining a light on what has always been true: Public policy choices, for years, have denied Black and Brown Ohioans the care and treatment we all deserve…This resolution should be passed, but the state cannot rest on its laurels. The resolution must be supported with urgent action.” Jasmine Ayres, Policy Liason, Policy Matters Ohio (Watch Jasmine’s testimony)

“By adopting this resolution, Ohio can lead the nation in these efforts to uproot racism from our structures and systems, and begin to work to provide just, equitable solutions to some of the biggest problems facing Black Ohioans and Ohioans of color. While this resolution would be an important step in the right direction, there is a long way to go. There are a number of anti-racist policy proposals currently pending in the State Legislature: establishing a living wage, enacting statewide paid family and medical leave program, and addressing racial disparities in maternal mortality and morbidity.” Erin Ryan, Managing Director, The Ohio Women’s Public Policy Network (read Erin’s testimony)

 

 

 

The Senate Health Committee chair announced during one of the hearing that there would be future opportunities to provide statements and testimony on Senate Resolution 14.  To stay up-to-date about the progress on these and other legislative proposals, sign up for our weekly newsletters where we share updates on what’s happening in the Ohio Statehouse and how to take action.

Here’s how you can take action today:

Join us in support of the proposal for state lawmakers to declare racism a public health crisis in Ohio by sending a letter to your lawmakers, using the letter-writing campaign from our partners at Innovation Ohio.

Ohioans want our government officials to listen to doctors and public health experts. And the American Academy of Pediatrics, American Medical Association and American College of Physicians all agree: racism is a public health crisis.

Contact your lawmakers: Urge them to support the resolution declaring racism a public health crisis and calling for action.

Filed Under: Front Featured

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