Domestic Violence Reform

I have worked with female clients who have suffered from Traumatic Brain Injuries (TBI) as a result of domestic violence. In addition to suffering from PTSD, they frequently may have undiagnosed TBIs with little to no attention paid to this issue by law enforcement agencies or even by medical staff at hospitals. I have had victims describe humiliating and embarrassing questions asked of them during mental health assessments performed incident to sexual violence. Worse yet, my client was peppered with questions from two police officers in the ER, who made her feel like she was exaggerating details of the sexual assault.

Frequently, not only are victims re-traumatized by being asked deeply personal questions that may or may not be relevant to the crime committed, they are not afforded appropriate medical exams such as brain scans checking for TBIs. One of my clients told a horrific story about how her husband dragged her up a stair case to the second floor by her hair and proceeded to have non-consensual sex with her. During sexual intercourse, she said her husband managed to simultaneously hit her in the face with his fists. She was able to file charges for physical assault, but not sexual assault.

During an mental health "exam" one of the medical staff asked her if she was aware that there is no such thing as marital rape in Ohio. Sadly, and to my horror, the medical staff worker is correct. There is a spousal exception in Ohio which exempts a spouse from criminal prosecution for having sex with his/her spouse, regardless of whether there was consent. Imagine how my client felt. The only charges she could bring against her husband was for assault and battery. She showed me pictures of her face after the beating she suffered. It is an indelible image for me-one that no intervention has been able to heal, including EMDR. She suffered a broken jaw, broken bones in her eye socket, and lost several teeth.

It is time for reform. How can we pretend to live in a civilized society with equality and justice for all in a society which the sexual assault of a spouse is permitted? Shame on Ohio.

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