Closing loophole in Ohio's child rape law is important

We understand that the business of writing laws is a complicated one, and sometimes one thing or another will escape a lawmaker's notice. When that happens, the legislature often catches up -- eventually.
But there's an amendment working its way through the Ohio General Assembly now that has to make a person wonder what was going through the lawmakers' heads the first time around.
H.B. 485, which was passed unanimously by the House this week, and S.B. 225, which is pending in the Senate, would eliminate the requirement that force or a threat of force be proved in order for an adult who raped a child of 10 years old or less to receive life imprisonment.
The way the law reads now, an adult who raped a young child would face only three to 10 years in prison unless the prosecutor could prove force or a threat of force was involved.
Virtually the only way to prove those elements were present would be through the child's testimony, unless there were witnesses or compelling physical evidence.
Fine distinction: That Ohio's lawmakers ever chose to make such a fine legal distinction in the rape of a child is mind-boggling. That the burden would fall to the child to help prove that a rape occurred under duress is shocking.
The House bill that was introduced last year by state Rep. John Widowfield, R-Cuyahoga Falls, will remove that burden from the young victim.
Senate Minority Leader Leigh Herington, D-Rootstown, has introduced a Senate version of the amendment. His bill would also allow prosecutors to seek a sentence of life with no possibility of parole if certain factors are proved. Those factors include previous offenses, the use of threats or serious physical harm to the child or family members or the threat of a deadly weapon during the crime.
The House bill, likewise, provides for life without parole for repeat offenders, and that seems reasonable. Our reservation with the Senate version would be that it again places responsibility for proving force or a threat of harm on the young victim.
We hope that the Senate and House bills can be quickly reconciled and sent to Gov. Bob Taft's desk for signing as emergency measures. No child rapist should be able to walk free after as little as three years in prison.