COLUMBUS, Ohio (WCMH) — State lawmakers say they are trying to ‘right a wrong’ with a bi-partisan effort to close a spousal rape loophole. This is not the first time the bill has been introduced, but spousal rape victims like Kelly Caldwell said it is vital.

“My husband threw me a party for my 47th birthday, I drank a little too much and I passed out,” She said. “I trusted him. He was my rock. He was my foundation.”

Caldwell said even though she filed for a divorce afterward, it has not been an easy path forward.

“When you can’t go to the police and when you can’t file a report for spousal rape, you have no recourse,” Caldwell said.

But House Bill 161, sponsored by Representatives Jessica Miranda (D-Forest Park) and Brett Hillyer (R-Uhrichsville), aims to close that loophole.

“[This will] allow the opportunity for survivors, whether or not they are married, to have the right pathway to justice here in our state,” Miranda said.

Right now, in the Ohio Revised Code, part of the law still allows for spousal rape and sexual violence.

“Although we’ve already removed a portion of the spousal exception when it comes to force or threat of force, there were so many other avenues where a spouse could be left to the whim of their spouse,” said Representative Josh Williams (R-Sylvania), a co-sponsor of the bill.

As it stands, if force or threat of force was used, then someone can take action against their spouse for sexual assault. But if there was any type of intoxication, like alcohol or drugs, that spousal rape case is thrown out.

“Whether they come home intoxicated from their own free will or because somebody else drugged them, there is an exception that will allow the spouse to sexually assault them and be free from any criminal liability,” Williams said.

HB 161 bill would make spousal rape, sexual battery, unlawful sexual conduct with a minor, gross sexual imposition and sexual imposition all punishable by law, regardless of the circumstances surrounding the offense.

“It is the right time. It is the time to do something about it and finally get rid of this spousal rape loophole here in the state of Ohio,” Miranda said.

“You can’t live in the 50s and 60s and have laws on the books, especially in Ohio, and a handful of states that say spousal rape is okay,” Caldwell said.

The bill is still in House Criminal Justice Committee, but Representatives Miranda and Williams said they are hopeful it moves forward this fall and makes it the governor’s desk to be signed into law within the next few months.