COLUMBUS, Ohio — Ohio lawmakers have finally voted to make it illegal to drug and rape your spouse, closing a loophole that female legislators have been trying to fix for years. A woman who suffered for a decade because the law didn't see her abuse as rape cried with joy as she talked with us, reacting to the vote.
This story may be triggering for some viewers and readers. For our survivor's privacy and safety, we will only be using her first name.
Mikayla's nightmare started when she turned 18.
"I have lost count how many times he raped me, whether it was completely drugging my drinks, getting me completely drunk or I'd be sleeping," Mikayla told me.
When she went to get a restraining order after six years, her lawyers told her there was nothing she could do — because there was a ring on her finger. In the eyes of the law, her husband had not committed a crime.
"It's not considered rape in Ohio," she said. "But he raped me over and over again."
Twenty years ago, Ohio outlawed "forcible" spousal rape — but lawmakers left in a provision that says purposely impairing your spouse's mental state with alcohol or drugs or waiting until they are unconscious to assault them is legal.
"No person shall engage in sexual conduct with another who is not the spouse of the offender or who is the spouse of the offender but is living separate and apart from the offender, when any of the following applies..." according to section 2907.02 of the state's Revised Code.
Other than drugging and then raping, a spouse can "have sex" with their partner if the victim is substantially impaired because of a mental or physical condition — or due to advanced age. Also, a spouse can "have sex" with their child bride, as the law doesn't count sex with a kid less than 13 years old as rape.
The exceptions to the sex offenses that currently apply are rape, sexual battery, unlawful sexual conduct with a minor, gross sexual imposition and sexual imposition.
We've been covering the attempts to fix the loophole for years.
RELATED: Ohio lawmakers attempt — again — to make it illegal to drug and rape spouse
"People make it seem like just because you're married, you're automatically theirs and they can do whatever they want with you," Mikayla added.
But she feels she finally received justice Wednesday. The state Senate unanimously passed House Bill 161, which makes it clear that all sexual assault is prohibited — no matter marital status.
"It's a gap in the law," Senate President Matt Huffman (R-Lima) said. "I'm glad we're doing it today."
But Senate Minority Leader Nickie Antonio (D-Lakewood) said it is disappointing that it has been about a decade since she first introduced a bill outlawing the exemption.
"I hate to say it, but sometimes when the majority of the folks who it affects are women, it seems to take a little bit longer," Antonio said.
This version of the bill was originally introduced by former Democratic state Rep. Jessica Miranda and state Rep. Brett Hillyer (R-Uhrichsville). Miranda recently left her position in the House to become the Hamilton County Auditor at the request of her close friend and former lawmaker Brigid Kelly. Kelly died of cancer in March.
"This bill does not change anything in terms of what is currently law; that evidence is still necessary," Miranda said in a previous interview.
However, victims would be given more opportunity to get justice. The bill allows them to testify against their spouse.
Miranda was thrilled with the passage of the bill, saying in a statement: "While it is so sad that we even have to pass this legislation in 2024, I am so happy we accomplished this. To see a bill eliminating the archaic loophole in our state law that allows for sexual assault of one's spouse pass during sexual assault awareness month feels symbolic."
She also celebrated the victory with me.
“A meaningful win for survivors, that I am so honored to have worked on to ensure the road to passage had the least amount of hurdles possible,” she said. "FINALLY."
Mikayla is also frustrated it took this long, but she is still glad for the survivors who come after her.
"It means that other people are protected the way I wasn't," she said through tears.
The bill now goes to the Gov. Mike DeWine's desk, where his spokesperson said he expects the governor to sign it.
Of all the lawmakers who voted, only one person opposed it. State Rep. Bill Dean (R-Xenia) told the Columbus Dispatch that it could "be used as a wedge between husband and wife."
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