COLUMBUS – A criminal who is behind bars can continue to intimidate or stalk his victim because of a loophole in state sentencing laws that an Akron lawmakers wants to close.
A recent Ohio Supreme Court decision left a victim of kidnapping and rape without the protection of a civil “no-contact” order, which allowed David Anderson to continue contacting his victim victim until a protection order could be established through a separate court procedure, according to Rep. Greta Johnson (D-Akron).
She has introduced new sentencing reform legislation to give the courts authority to impose a no-contact order in addition to a prison sentence in the same case.
“Justice for victims of horrific crimes is delayed and complicated by the state requiring victims to go through the additional and separate legal process of obtaining a civil protection order,” she said. “I don’t believe Ohioans feel comfortable thinking their legislature intended to allow perpetrators of horrendous, dehumanizing violence to continue stalking, harassing and intimidating their victims from behind bars.”
She hopes the legislature acts on the measure before adjourning for the summer.
Anderson was found guilty of kidnapping and rape and sentenced to 17 years in prison in addition to having no contact with the victim but the state Supreme Court ruled last June that, under existing law, the court did not have jurisdiction to prevent Anderson from having contact with the victim, Johnson said.