Congress introduces bills to increase penalties for child rape

by Matt Hutton
Staff Writer

Some Ohio legislators are working to keep child rapists off the streets for good. Two bills aimed at increasing the penalty for child rape to life imprisonment were introduced in the Ohio legislature late last month.

Child rape is defined as oral sex or penetration of a child younger than 13 years of age.

The range of penalties for child rape without proof of force ­ which is defined as an additional element of force beyond that needed for the rape, including the offender’s psychological effect on the child ­ is a three to 10 year sentence, said Summit County Prosecutor Sherri Bevan Walsh, who was involved in drafting the bill introduced in the Senate. With proof of force the penalty is life with the possibility of parole after 10 years, she said.

“It’s unclear in law what force is, and difficult to prove, especially when the child can’t testify,” Walsh said.

Criteria used to determine force include intimidation, fear or duress, she said. Another way to prove additional force was used is if the child is too young to speak and unable to testify.

But many victims are raped by family and friends and may not understand it is wrong, Walsh said.

Rep. John Widowfield, R-Cuyahoga Falls, introduced his bill in the House Jan. 24. Under this legislation, conviction of rape of a child 10 years old or younger will carry an automatic sentence of life imprisonment with the possibility of parole after 10 years, Widowfield said. Prosecutors would not have to prove the additional force element.

“If someone commits this type of offense, of course they used force,” Widowfield said. “We’ve just made it a cut-and-dry situation.”

Offenders who rape children ages 10 to 13 still can receive a sentence of life with the possibility of parole, but the prosecutors will have to prove force.

Sen. Leigh Herington, D-Ravenna, who is running for Ohio Attorney General, introduced his bill on Jan. 30.

Herington’s legislation would eliminate the requirement of force and use three new criteria for a life imprisonment penalty. These criteria are: a prior conviction; caused or threatened serious physical harm to the victim or a family member; and use or threatened use of a deadly weapon.

If the victim is younger than 10 and the offender meets any of these criteria, the penalty is life with no parole. The same penalty applies when the victim is younger than 13 and the offender meets two criteria or uses extra force.

“We’re not being tough enough in Ohio on child rapists,” Herington said. “The message we want to get out is if you rape a child, you’re never going to see the outside of a prison again.”

Problems might arise in cases where the victim’s family does not want the offender to serve a life sentence, Walsh said. But testimony from the victim or victim’s family could convince a judge to reduce the sentence.