LOVELAND MAGAZINE

News and Events from the Loveland, Ohio Area

Without fear or favor
Since 2004

Tag: sexual assault

  • Marriage shouldn’t negate rape, bill supporters say

    Marriage shouldn’t negate rape, bill supporters say

    By Susan Tebben and Ohio Capital Journal

    Supporters of a bill removing a loophole for spousal rape and sexual assault say the state needs to stop the double-standard that exists when it comes to sex crimes.

    Heather McComas-Harrison said she spoke from experience when imploring a House committee on Thursday to pass House Bill 121, to remove language in Ohio law that excepts spouses in offenses such as rape, sexual battery and gross sexual imposition.

    McComas-Harrison said it’s unfair that her husband shouldn’t be charged for sex crimes she said were perpetrated against her over many years and resulting in physical and emotional injuries, because of the mere existence of a marriage license.

    “Perfect strangers come across each other and one rapes the other, society gasps and is appalled and wants justice for the person who was raped,” McComas-Harrison told the House Criminal Justice Committee. “Yet when two people…have vowed to honor each other and the like, (they) have zero rights to justice when raped by their lifetime partner.”

    McComas-Harrison said it’s wrong of the state to allow a request for a divorce on the grounds of rape, but not give survivors rights or even the right of the spouse to receive treatment through the Ohio Department of Rehabilitation and Corrections.

    Micaela Deming, policy director and staff attorney for the Ohio Domestic Violence Network, said House Bill 121 gives equal access to the law for those experiencing rape, within marriages and outside of them.

    Citing a National Institute of Justice report, Deming said 40 to 45% of women in abusive relationships are sexually assaulted by their abusive partner, with more than half of those women assaulted multiple times. Even with these statistics, Deming said married women have less legal protection from rape than unmarried women.

    “Indeed, current law serves as a disincentive for women to enter into marriage, knowing that they will lose legal protection if their spouse decides to be violent,” Deming testified to the committee.

    Louis Tobin, executive director of the Ohio Prosecuting Attorneys Association, agrees that the presence of a legal document designating two people as spouses should not make the difference when it comes to sex crimes.

    “Ultimately, someone with a viable allegation of spousal sexual abuse should not be prevented from seeking and obtaining justice out of concern that some other individuals will try to abuse our criminal justice system by making false allegations,” Tobin testified to the committee.

    The law would also allow a person’s spouse to testify in the prosecution of those alleged crimes.

    Tobin was asked by state Rep. Bill Seitz, R-Cincinnati, whether, for example, a contentious divorce would be considered when looking at allegations of sexual misconduct against a spouse.

    “Down the line, somewhere in that 25-year period (the statute of limitations for rape in Ohio), they get divorced, they got fights over the kids, and the spouse says ‘well, here’s a wonderful idea, let’s run down to my friendly local prosecutor and charge this other spouse with spousal rape or gross sexual imposition,’” Seitz posed to Tobin.

    Tobin said in any legal case, an allegation still has to rise to the level of probable cause and eventually proof beyond a reasonable doubt, no matter the source of the allegation.

    “I think there’s no difference between a woman who was in a relationship 12 years ago showing up to make that allegation (and) a woman who was married 12 years ago showing up to make the allegations,” Tobin said. “Prosecutors have to sort that stuff out and just because you’ve got a marriage document, I think, doesn’t make the…rape or the sexual assault any different.”

    The bill is one of two currently circulating in the statehouse that address spousal rape, and another of several attempts to amend Ohio law on the topic.

  • Former Loveland Police officer faces new charge – Felonious Assault

    Former Loveland Police officer faces new charge – Felonious Assault

    Loveland, Ohio – Today, Hamilton County Prosecutor Joseph T. Deters announced a new indictment of former Loveland Police officer Anthony Pecord for one count of Felonious Assault. If convicted of this charge, he faces a maximum sentence of 8 additional years in prison. (Former Loveland Police Officer Anthony Pecord pleads down to three counts of Gross Sexual Imposition)

    Deters asks anyone who has had sexual contact with Pecord since 2016, and believes they may have been exposed, to contact Detective Jack Losekamp with the Hamilton County Sheriff’s Department at 513-595-7484.

    In March, Pecord pled guilty to three counts of Gross Sexual Imposition (F4) and was sentenced to 4 years in prison related to an incident that took place on January 24, 2021.

    Post-conviction, it was determined that Pecord was HIV-positive, and was aware of his HIV status prior to his unlawful sexual conduct with the victim according to a statement released by the Prosecutor’s office. “The victim was not aware of Pecord’s HIV status, and did not consent to the sexual conduct with the defendant.”

    Deters commented, “The trauma of a sexual assault is something that changes you forever. To add to that the fear of contracting HIV is horrifying for the victim.”

    Pecord was originally indicted by a Hamilton County Grand Jury on March 15 on 16 counts; 8 counts of Rape, and 8 counts of Sexual Battery. In the original complaint filed by Hamilton County detective Jack Losekamp, Pecord was charged with raping the victim while the victim was unconscious and unable to consent due to intoxication. Losekamp said that the victim was surreptitiously given an intoxicant, a first-degree felony. The complaint alleged there was forensic evidence on Pecord’s cell phone that he committed the crime.

  • Former Loveland Police Officer Anthony Pecord pleads down to three counts of Gross Sexual Imposition

    Former Loveland Police Officer Anthony Pecord pleads down to three counts of Gross Sexual Imposition

    Pecord faced 88 years in prison – Sentenced to 4

    by David Miller

    Loveland, Ohio – Police officer Anthony Pecord was put on administrative leave on January 25 after he was notified by Police Chief Sean Rahe that the City had begun a “formal investigation” on on the same day related to a claim of sexual assault that occurred on January 24. Pecord was ordered not to conduct City business or enter City property. He remained on “paid status” with benefits. Pecord was ordered not to communicate to other City employees or access emails, City accounts, or other City services.

    Loveland Police Chief Sean Rahe (City of Loveland Photo)

    The City retained the services of attorney Patricia Pryor to conduct an investigation.

    On February 25, Rahe issued a statement to the press that said, “A police officer was placed on administrative leave as soon as allegations involving him related to off-duty conduct were reported to the City. Once notified of the allegations, the City immediately retained an outside investigator.” Rahe said that as the matter progressed, the City requested and received the officer’s resignation.

    Pecord was subsequently indicted by a Hamilton County Grand Jury on March 15 on 16 counts; 8 counts of Rape, and 8 counts of Sexual Battery, for an incident that occurred on January 24, 2021. If convicted on all charges, he would have faced the possibility of 88 years in prison.

    In the original complaint filed by Hamilton County detective Jack Losekamp, Pecord was charged with raping the victim while the victim was unconscious and unable to consent due to intoxication. Losekamp said that the victim was surreptitiously given an intoxicant, a first-degree felony. The complaint alleged there was forensic evidence on Pecord’s cell phone that he committed the crime. Pecord was booked into the Hamilton County Justice Center.

    At the time, Hamilton County Prosecutor Joseph Deters commented, “We take all cases of sexual assault seriously.  But when acts like this are committed by someone in a position of power and public trust, it is especially sickening.” Deters also said that once this behavior was reported, the City of Loveland and the Loveland Police Department “cooperated fully” with the investigation.

    Hamilton County Prosecutor Joseph Deters

    As a result of a plea agreement, Pecord has now been convicted of three counts of Gross Sexual Imposition and has been sentenced to 4 years in prison. Pecord will also be required to register as a Tier I sex offender for a period of 15 years. Gross Sexual Imposition is a fourth-degree felony.

    Deters said in a press release after the trial, “Thanks to Sheriff Deputy Jack Losekamp’s work, the photographic evidence of this crime was discovered, despite Pecord’s attempts to destroy it. Without the efforts of Detective Jack Losekamp and Assistant Prosecutor Christina Dattilo, we could not have pursued this case and Pecord would still be free.”

    Deters also made a statement about why Pecord’s plea of guilty on the lesser charges was accepted. “We are especially sensitive to the victim’s wishes in sexual assault cases. As a result of this plea, we were able to provide justice to this victim while allowing the victim to close this chapter of his life and begin the healing process,” Deters said in the press release.”

    Chief Rahe said in his original release to the press, “Our focus and concern has been, and continues to be, for the safety and well-being of the injured party.”

    “We are concerned that more victims may be out there, and ask anyone who may have been victimized by Pecord to contact the Hamilton County Sheriff’s Detective Losekamp at 513-595-7484,” said Deters.

    Deters concluded his statement by saying, “What is absolutely clear is Pecord should never, and will never, work in law enforcement again.”

  • DeWine announces development of new sexual assault kit tracking system

    DeWine announces development of new sexual assault kit tracking system

    The “Ohio Attorney General’s Sexual Assault Kit Tracking System” will give those who have undergone a sexual assault forensic examination the option to track the status of their rape kit evidence online.

    Columbus, Ohio – Attorney General Mike DeWine announced Thursday that his office is developing a statewide system that will increase transparency surrounding the collection, submission, and analysis of sexual assault kit evidence in Ohio.

    The “Ohio Attorney General’s Sexual Assault Kit Tracking System” will give those who have undergone a sexual assault forensic examination the option to track the status of their rape kit evidence online.

    “Sexual assault survivors have already gone through unimaginable trauma, and not knowing where their cases stand can be agonizing,” said DeWine. “This new system will empower survivors by giving them the ability to instantly and anonymously find out where their evidence is located and whether or not it has been submitted for testing.”

    By entering a barcode number into the free, online program, survivors who choose to use the system will be able to follow their evidence as it proceeds from collection at a medical facility, to inventory at a law enforcement agency, to analysis at a crime lab, and to storage or destruction.

    By entering a barcode number into the free, online program, survivors who choose to use the system will be able to follow their evidence as it proceeds from collection at a medical facility, to inventory at a law enforcement agency, to analysis at a crime lab, and to storage or destruction.

    New legislation introduced by State Senator Stephanie Kunze (R-Hilliard) and State Representative Dorothy Pelanda (R-Marysville) seeks to require all agencies involved in the chain-of-custody of sexual assault kits to participate in the tracking program.

    “As we continue to help and encourage victims of sexual assault to rebuild their lives, it is imperative that we provide them the ability to check the status of the testing of their rape kits quietly and discreetly,” said Senator Kunze. “Affording them the opportunity to do so in a safe, secure manner ensures their privacy. We can allow survivors to continue moving forward with the option to check on the progress to help with the emotional healing and journey to moving forward from their horrific experience.”

    “Attorney General DeWine and his office have demonstrated tremendous leadership and diligence when it comes to this issue. The bills introduced this week in the House and Senate represent a crucial next step in the process,” said Representative Pelanda. “I look forward to working with Attorney General DeWine, my great colleague Senator Kunze, and my brothers and sisters in the House of Representatives as we move forward with this legislation.”

    The advisory group will include victim advocates, sexual assault nurse examiners, law enforcement, prosecutors, and representatives from hospital associations and crime laboratories.

    DeWine is also creating an advisory group to study best practices and provide advice on how Ohio’s tracking system should operate. The advisory group will include victim advocates, sexual assault nurse examiners, law enforcement, prosecutors, and representatives from hospital associations and crime laboratories. The members of the advisory group, who will be announced at a later date, will give special consideration to protecting the privacy of survivors who use the system.

    “We are excited to see this initiative coming from the Ohio Attorney General’s Office,” said Rosa Beltre, executive director of the Ohio Alliance to End Sexual Violence. “It is important to reform how rape kits are handled and tracked in the state of Ohio, despite the many challenges and difference of opinion. We collectively can choose to do nothing because of funding and road blocks, or as we have done today, we can choose to take steps within our circle of influence to make a difference. We owe this to every survivor in our state.”

    The development of the program, as well as any maintenance and equipment, will be financed through Victim of Crime Act (VOCA) funding. VOCA funds, which are administered by the Ohio Attorney General’s Office, are from federal settlements, fines, and fees and must be used to enhance victim rights and services.

    “This new tracking system will also help ensure that an accumulation of untested rape kits never happens in Ohio again,” said Attorney General DeWine. “Survivors expect their kits to be submitted for analysis in a timely manner, and this new program will increase accountability and transparency throughout the entire process.”

    To date, Attorney General DeWine’s SAK Testing Initiative has led to 5,071 hits in the Combined DNA Index System (CODIS), and hundreds of attackers have been prosecuted according to DeWine’s office. In response to the success of the initiative, new law was enacted in 2015 requiring that law enforcement agencies in Ohio submit sexual assault kit evidence to a crime laboratory within 30 days.