REPRESENTATIVES Widowfield, Womer Benjamin, Williams, Roman, Hoops, Webster, McGregor, Wolpert, Flowers, Lendrum, Salerno, Latta, Trakas, Young, Metzger, Olman, Hagan, Brinkman, Evans, Clancy, Jerse, Carey, Reinhard, Setzer, Schmidt, Collier, Grendell, Seitz, Buehrer, Hughes, Callender, Niehaus, Schuring, Gilb, Oakar, Seaver, Otterman

To amend section 2907.02 of the Revised Code to

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eliminate the requirement of force or a threat of

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force for a sentence of life imprisonment for the

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rape of a child who is less than ten years of age

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and to declare an emergency.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 2907.02 of the Revised Code be	6
amended to read as follows:	7

Sec. 2907.02.  (A)(1) No person shall engage in sexual	8
conduct with another who is not the spouse of the offender or who	9
is the spouse of the offender but is living separate and apart	10
from the offender, when any of the following applies:	11

(a) For the purpose of preventing resistance, the offender	12
substantially impairs the other person's judgment or control by	13
administering any drug, intoxicant, or controlled substance to the	14
other person surreptitiously or by force, threat of force, or	15
deception.	16

(b) The other person is less than thirteen years of age,	17
whether or not the offender knows the age of the other person.	18

(c) The other person's ability to resist or consent is	19
substantially impaired because of a mental or physical condition	20
or because of advanced age, and the offender knows or has	21
reasonable cause to believe that the other person's ability to	22
resist or consent is substantially impaired because of a mental or	23
physical condition or because of advanced age.	24

(2) No person shall engage in sexual conduct with another	25
when the offender purposely compels the other person to submit by	26
force or threat of force.	27

(B) Whoever violates this section is guilty of rape, a	28
felony of the first degree. If the offender under division	29
(A)(1)(a) of this section substantially impairs the other person's	30
judgment or control by administering any controlled substance	31
described in section 3719.41 of the Revised Code to the other	32
person surreptitiously or by force, threat of force, or deception,	33
the prison term imposed upon the offender shall be one of the	34
prison terms prescribed for a felony of the first degree in	35
section 2929.14 of the Revised Code that is not less than five	36
years. If the offender under division (A)(1)(b) of this section	37
purposely compels the victim to submit by force or threat of force	38
or if the victim under division (A)(1)(b) of this section is less	39
than ten years of age, whoever violates division (A)(1)(b) of this	40
section shall be imprisoned for life.	41

(C) A victim need not prove physical resistance to the	42
offender in prosecutions under this section.	43

(D) Evidence of specific instances of the victim's sexual	44
activity, opinion evidence of the victim's sexual activity, and	45
reputation evidence of the victim's sexual activity shall not be	46
admitted under this section unless it involves evidence of the	47
origin of semen, pregnancy, or disease, or the victim's past	48
sexual activity with the offender, and only to the extent that the	49
court finds that the evidence is material to a fact at issue in	50
the case and that its inflammatory or prejudicial nature does not	51
outweigh its probative value.	52

Evidence of specific instances of the defendant's sexual	53
activity, opinion evidence of the defendant's sexual activity, and	54
reputation evidence of the defendant's sexual activity shall not	55
be admitted under this section unless it involves evidence of the	56
origin of semen, pregnancy, or disease, the defendant's past	57
sexual activity with the victim, or is admissible against the	58
defendant under section 2945.59 of the Revised Code, and only to	59
the extent that the court finds that the evidence is material to a	60
fact at issue in the case and that its inflammatory or prejudicial	61
nature does not outweigh its probative value.	62

(E) Prior to taking testimony or receiving evidence of any	63
sexual activity of the victim or the defendant in a proceeding	64
under this section, the court shall resolve the admissibility of	65
the proposed evidence in a hearing in chambers, which shall be	66
held at or before preliminary hearing and not less than three days	67
before trial, or for good cause shown during the trial.	68

(F) Upon approval by the court, the victim may be	69
represented by counsel in any hearing in chambers or other	70
proceeding to resolve the admissibility of evidence. If the	71
victim is indigent or otherwise is unable to obtain the services	72
of counsel, the court, upon request, may appoint counsel to	73
represent the victim without cost to the victim.	74

(G) It is not a defense to a charge under division (A)(2) of	75
this section that the offender and the victim were married or were	76
cohabiting at the time of the commission of the offense.	77

Section 2. That existing section 2907.02 of the Revised Code	78
is hereby repealed.	79

Section 3. This act is hereby declared to be an emergency	80
measure necessary for the immediate preservation of the public	81
peace, health, and safety. The reason for such necessity is that	82
this act's elimination of the need to prove force or a threat of	83
force in cases involving the rape of a child under the age of ten	84
is needed at the earliest possible date to prevent sex offenders	85
from preying on the children of Ohio. Therefore, this act shall	86
go into immediate effect.	87