COLUMBUS, Ohio -- October is Domestic Violence Awareness Month, and Ohio advocates are hoping to see legislation passed that removes barriers to reporting sexual assault for married people.
Under current law in Ohio, spouses can be exempt from being charged for certain sexual crimes against their partner, including the use of drugs to impair and sexually assault their spouse. House Bill 266, which includes eliminating this exemption, would also remove the statute of limitations for rape.
Camille Crary, director of public policy and external affairs for the Ohio Alliance to End Sexual Violence, said some pushback to the legislation revolves around the unfounded idea that a partner would fabricate an incident of sexual assault to use against their spouse in a child-custody case.
"Certain people believe that if we make that illegal, women in particular will lie about it, and that is a much deeper conversation that we have been having for a decade in Ohio and around the country," she said. "The difference is that in most states you don't have an exception for offenders if they're married to their victim."
House Bill 266 was introduced by state Reps. Tavia Galonski, D-Akron, and Jessica Miranda, D-Forest Park, who recently put out a call for co-sponsors. It was referred to the Criminal Justice Committee earlier this year. Crary said she hopes the bill will have a hearing before lawmakers break for the winter holidays.
Another bill making its way through the Legislature, House Bill 121, would separate the spousal-exemption proposal from the statute-of-limitations removal. Emily Gemar, public policy fellow with the alliance, said removing these archaic laws can make it easier for survivors to come forward.
"Really, we want married people in Ohio to have the same access to justice," she said. "We don't want any more negative impacts on reporting rates. People need the ability to know that if they want to report and seek help, they won't be dismissed and they won't be minimized."
House Bill 121, co-sponsored by state Reps. Laura Lanese, R-Grove City, and Kristin Boggs, D-Columbus, has had two Criminal Justice committee hearings.
An estimated 33% of rapes are committed by a current or former partner, according to Department of Justice data.
Disclosure: Ohio Alliance to End Sexual Violence contributes to our fund for reporting on Budget Policy & Priorities, Domestic Violence/Sexual Assault, Health Issues, Social Justice. If you would like to help support news in the public interest,
click here.
get more stories like this via email
A new Minnesota law has gone into effect this week involving a program that keeps address information confidential for victims of domestic abuse.
Minnesota's Safe at Home initiative assigns participants a post office box to use as their legal address, to help as they escape an abusive situation or a stalker. It also details how state and local agencies have to respond to data requests without disclosing the person's location. Among the changes is clarification of the requirement that a landlord cannot display a person's name who's in the Safe at Home program.
Rep. Jamie Becker-Finn, DFL-Roseville, a main sponsor of the bill, said no major issues prompted the updates, but they're still important.
"As technology changes, too," she said, "that we're sort of making sure that what is in statute matches with the reality of what it's like to live as someone who lives in fear for their safety."
Another change expands the definition of "real property records" that are prohibited from disclosure. Becker-Finn said they had long pushed for these updates, but general political gridlock proved to be an obstacle.
In broader efforts to help abuse and assault victims, Becker-Finn said she would like to see agencies be more responsive and sensitive to those reporting an incident. In many communities, she said, the way survivors are treated can make it harder for them to even file a report.
"I think we do have a ways to go when it comes to that side of things and actually holding people accountable," she said.
Advocacy groups have said Minnesota also must take steps such as committing to testing its backlog of rape kits to better support victims. Recent reforms largely addressed future kits.
Last year, the state did remove a statute of limitations on reporting sexual assault, with the goal of giving survivors more time to decide when to pursue charges.
get more stories like this via email
New work is being done in Ohio to help free people who are caught in the complex web of domestic violence, addiction and mental health.
Cheryl Stahl, who is heading the Ohio Domestic Violence Network's new Substance Use Mental Health Project, said most survivors who seek services are facing multiple traumas and concerns.
"You're working with women who - say, from childhood - have had sexual-abuse experiences and then date people who are abusive," she said "Those people perhaps are using drugs. They get introduced to drugs; they may have mental-health concerns that are being masked by the trauma."
Research indicates that between 47% and 90% of women who seek substance-use disorder treatment say they've experienced domestic violence. Stahl said the project is teaching advocates at shelters about addiction and mental health, and how they can better assist people who struggle with these challenges.
Stahl said domestic-violence survivors can be reluctant to leave because of mental-health and substance-use coercion, when an abuser uses tactics to undermine their sanity and sobriety.
"The abusers will often use substance use particularly as a way of threatening to take custody of children," she said. "You may have the abuser as the person who is providing the drugs and sort of in control of when they get them and when they don't."
Stahl said the training will teach shelter staff how to talk about addiction in ways that encourage change and can connect survivors with peer-support services, and provide help for people who are actively using but not ready to enter treatment.
"Survivors aren't going to shelter necessarily to get off of drugs, that's not what they're seeking that service for," she said. "So, introducing some harm-reduction strategies - safety planning with people on how to hopefully prevent overdose."
Stahl said some of the work will focus on identifying brain injury as it pertains to substance use and mental health. The three-year project is starting in seven counties and Stahl said she hopes to expand it to 30 shelters.
Disclosure: Ohio Domestic Violence Network contributes to our fund for reporting on Domestic Violence/Sexual Assault. If you would like to help support news in the public interest,
click here.
get more stories like this via email
Non-profits assisting North Dakota crime victims are trying to maintain services they've been building in recent years. As demand reaches pre-pandemic levels, leaders hope to avoid clients falling off their radar.
Legal Services of North Dakota is in its third year of using a state grant through the federal Victims of Crime Act (VOCA). The organization's Interim Executive Director Mikayla Jablonski Jahner said family law stemming from domestic violence is the most common source of requests for help.
Staff attorneys around the state work closely with those seeking protection orders and other court solutions. She said these situations take an emotional and physical toll on the client.
"And sometimes," said Jablonski Jahner, "it is just giving them that advice and giving them resources, so that they know when it's right for them that they have those things available to them and they understand what the next steps would be."
She said helping clients see things through takes dedication because a variety of factors can make it hard for them to leave the situation permanently.
The group has been able to assemble a team for these cases. But it warns that VOCA funding in North Dakota is dwindling, potentially resulting in a smaller grant total ahead of renewal in the coming months.
Amid these concerns, Legal Services is teaming with the North Dakota Council on Abused Women's Services, which has hired its own attorney to assist with cases.
And Jablonski Jahner said training has allowed private lawyers to join the cause, which helps if a person doesn't qualify for legal aid.
"There are some private attorneys out in the western part of the state that are more than willing to help with these cases, do some pro bono work," said Jablonski Jahner. "But again, in the last few years, we've really made a push to make sure there are some other options. "
Meanwhile, the group's project serves between 150 to 200 people a year. Jablonski Jahner said that number took a dip at the start of the pandemic, but applications are back at normal levels.
The potential funding cut would follow a small reduction in the last grant.
But that's not stopping creative approaches. Legal Services has another staff member who focuses on client needs such as housing, allowing that person to focus on their case.
Disclosure: Legal Services of North Dakota contributes to our fund for reporting on Health Issues, Livable Wages/Working Families, Native American Issues, Senior Issues. If you would like to help support news in the public interest,
click here.
get more stories like this via email