NCJ Number
31666
Journal
Cleveland State Law Review Volume: 24 Issue: 3 Dated: (1975) Pages: 463-503
Date Published
1975
Length
41 pages
Annotation
THIS ARTICLE EVALUATES OHIO'S RAPE REFORM LEGISLATION BY COMPARING THE NEW STATUTES WITH THE OLD, CRITICALLY ANALYZING REFORM LEGISLATION, AND PRESENTS ARGUMENTS FOR AND AGAINST VARIOUS ASPECTS OF THIS LEGISLATION.
Abstract
THE EFFECT THAT SUCH LEGISLATION IS LIKELY TO HAVE ON THE RAPE PROBLEM IS ALSO ESTIMATED. THE COMPARATIVE ANALYSIS OF NEW AND OLD STATUTES FOCUSES ON THE FOLLOWING ISSUES: DEFINITION OF SPOUSE, RESISTANCE, PRIOR SEXUAL CONDUCT OF RAPE VICTIMS, AND MEDICAL CARE. THE 1974 OHIO RAPE REFORM RAPE VICTIMS, AND MEDICAL CARE, THE 1974 OHIO RAPE REFORM LEGISLATION EXEMPTS FROM ITS DEFINITION OF 'SPOUSE' PARTIES WHO HAVE ENTERED INTO A WRITTEN SEPARATION OR WHO HAVE ACTIONS PENDING FOR ANNULMENT, DIVORCE, DISSOLUTION, OR ALIMONY. ALL EVIDENCE OF THE VICTIM'S PRIOR SEXUAL CONDUCT IS INADMISSIBLE EXCEPT THAT PERTAINING TO THE ORIGIN OF SEMEN AND THE VICTIM'S PRIOR SEXUAL CONDUCT WITH THE ACCUSED. THE VICTIM NEED NOT PROVE RESISTANCE. MANDATORY IMPRISONMENT FOR FIVE YEARS IS REQUIRED FOR RECIDIVISTS. PROVISIONS ARE MADE TO MINIMIZE PRE-TRIAL PUBLICITY. THE COSTS OF MEDICAL EXAMINATIONS MADE TO GATHER EVIDENCE FOR POSSIBLE PROSECUTION ARE REQUIRED TO BE PAID BY SOMEONE OTHER THAN THE VICTIM. AND, THE DEFINITION OF RAPE HAS BEEN EXPANDED, THE AUTHORS CONCLUDE THAT FEARS THAT EXTENDING EQUAL PROTECTION TO THE RAPE VICTIM VIOLATES THE RIGHTS OF THE DEFENDANT ARE UNFOUNDED. OBJECTIONS TO THE REFORM LEGISLATION RECOGNIZED AS VALID INCLUDE THE FACT THAT IT DOES NOT ADDRESS ITSELF TO THE TOTAL PROBLEM AND THAT IT FAILS TO SUGGEST PRACTICAL PREVENTIVE MEASURES. ENACTMENT OF THE RAPE REFORM LEGISLATION IS SUPPORTED, HOWEVER, BASED ON THE FACT THAT IT WOULD ESTABLISH A 'STRONG PUBLIC POLICY IN SUPPORT OF THE RAPE VICTIM.'