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Child Rape Law Change Introduced

Bill would alter state law to require life sentence for raping child under 10

By Phil Trexler, Beacon Journal staff writer
Originally published in The Akron Beacon Journal, January 25, 2002

Raping a child under 10 will automatically bring a life prison sentence under a bill introduced yesterday in Columbus.

The bill aims to eliminate the sometimes cloudy requirement for prosecutors to prove a child rape was committed with force.

The proposal, introduced by state Rep. John Widowfield, R-Cuyahoga Falls, already has won the support of more than one-third of the members of the House of Representatives. Thirty-six representatives—both Republicans and Democrats—are listed as co-sponsors.

The bill would rewrite Ohio’s child rape law to eliminate the force element for child rape victims less than 10 years of age.

Under the proposed law, prosecutors would only have to prove the act of rape in order to send a child rapist to prison for life. The proposed statute would still allow for parole eligibility after 10 years.

“This bill is about common sense,” Widowfield said. “How can the rape of a child not involve force?”

The bill would maintain the force requirement to obtain a life sentence for raping children 10 to 13. The life sentence penalty would apply to all other child rapes.

Under current state law, the rape of a child less than 13 brings a possible penalty of three to 10 years in prison if the element of force is not alleged.

Widowfield said the bill is in response to an Akron Beacon Journal story earlier this month that showed county prosecutors interpret current state law differently and do not always allege force in the rapes of young children.

The story showed that last year in Summit County, under first-year Prosecutor Sherri Bevan Walsh, force was alleged in only about one-third of child rape indictments, a near reversal of policy from past prosecutors.

The newspaper story showed that in some cases, rapists were given lighter prison terms than they might have received had force been alleged in the indictment.

Walsh initially defended the change from past administrations. She maintained that some evidence of force—beyond that used to commit the rape—must be present in order to use the force specification in an indictment.

Walsh’s interpretation of the law was shared by some neighboring prosecutors.

Other prosecutors around the state, however, point to a 1998 Ohio Supreme Court ruling. They say that ruling essentially allows force to be presumed in nearly all child rape cases.

After the article was published—and amid an outcry of criticism—Walsh changed her mind. She said that force would be alleged in future child-rape cases.

She also vowed to fight for stronger, clearer state laws.

Yesterday, Walsh said she supports Widowfield’s bill, but that she is working with state Sen. Leigh Herington, D-Rootstown Township, in carving out another new child rape law, which could be introduced in the state senate by Monday.

The proposed senate bill would include provisions for life sentences without the possibility of parole in certain cases of child rape.

“I don’t have any problem with the bill submitted (by Widowfield),” she said. “My only thought is, if we’re going to make some changes, let’s look at all the possibilities.”

Widowfield said his bill has the support of the Ohio Prosecuting Attorneys Association and Lt. Gov. Maureen O’Connor, a former Summit County prosecutor. It was an attorney working for O’Connor who successfully won the 1998 Ohio Supreme Court ruling that many—but not all—prosecutors believe eliminated much of the confusion over what constitutes force in the rape of a child.

Yesterday, O’Connor reiterated her belief that the Supreme Court decision affords prosecutors tremendous latitude in proving force. However, she said that if some prosecutors remain uncertain about the law, then a change is needed.

“Force was never an issue when I was county prosecutor, but it is apparent that there exists confusion in the minds of some prosecutors in applying the statute, and therefore it is necessary to clarify our law to better protect our children,” she said.

Widowfield predicts his bill will move quickly through both the House and Senate and, with Gov. Bob Taft’s signature, become law by April.

The bill includes an emergency clause that, if passed, would eliminate the standard 90-day waiting period between the time the governor signs the bill and the law takes effect.

“I see nothing in the process that will hold this up,” Widowfield said. “We’ve received a tremendous amount of support from both Republicans and Democrats, who see how this change makes sense.”

Hearings on the legislation will begin Tuesday before the House’s 17-member Criminal Justice Committee, chaired by Rep. Ann Womer Benjamin, R-Aurora. Subsequent hearings will provide a chance for public comment.

Benjamin is a co-sponsor of the bill and helped in the development of the legislation. She said the goal is to remove any questions about the state’s treatment of child rapists.

“I think anytime there is such an apparent uncertainty with respect to a state law, especially one as serious as the rape of a child, we need to correct it quickly,” she said.