2006 Ohio Revised Code - 2907.26. Rules of evidence in prostitution cases.

§ 2907.26. Rules of evidence in prostitution cases.
 

(A)  In any case in which it is necessary to prove that a place is a brothel, evidence as to the reputation of such place and as to the reputation of the persons who inhabit or frequent it, is admissible on the question of whether such place is or is not a brothel. 

(B)  In any case in which it is necessary to prove that a person is a prostitute, evidence as to the reputation of such person is admissible on the question of whether such person is or is not a prostitute. 

(C)  In any prosecution for a violation of sections 2907.21 to 2907.25 of the Revised Code, proof of a prior conviction of the accused of any such offense or substantially equivalent offense is admissible in support of the charge. 

(D)  The prohibition contained in division (D) of section 2317.02 of the Revised Code against testimony by a husband or wife concerning communications between them does not apply, and the accused's spouse may testify concerning any such communication, in any of the following cases: 

(1) When the husband or wife is charged with a violation of section 2907.21 of the Revised Code, and the spouse testifying was the victim of the offense; 

(2) When the husband or wife is charged with a violation of section 2907.22 of the Revised Code, and the spouse testifying was the prostitute involved in the offense, or the person transported, induced, or procured by the offender to engage in sexual activity for hire; 

(3) When the husband or wife is charged with a violation of section 2907.23 of the Revised Code, and the spouse testifying was the prostitute involved in the offense or the person who used the offender's premises to engage in sexual activity for hire; 

(4) When the husband or wife is charged with a violation of section 2907.24 or 2907.25 of the Revised Code. 
 

HISTORY: 134 v H 511 (Eff 1-1-74); 137 v H 1. Eff 8-26-77.
 

Not analogous to former RC § 2907.26 (GC § 12448-4; 117 v 821; 119 v 554; Bureau of Code Revision, 10-1-53), repealed 134 v H 511, § 2, eff 1-1-74.

 

19xx Committee Report or Comment.

1974 Committee Comment to H 511

This section continues from the former law on prostitution certain types of exceptions to the rules of evidence. 

As a general rule, evidence of the reputation of a person or thing is inadmissible to show that such person or thing is what he or it is reputed to be, and this would render prosecution of prostitution cases difficult unless investigators could testify that they personally availed themselves of the services of a prostitute or bawdy house. Under this section, however, evidence of a person's reputation is admissible to show that he or she is or is not a prostitute, and evidence of the reputation of a place is admissible to show that it is or is not a brothel. 

Also, a general evidentiary rule holds that communications between husband and wife are privileged, and in the absence of waiver spouses are disabled from testifying against each other. Under this section, the husband-wife privilege is dispensed with in prosecutions for certain types of prostitution offenses. The reason for this exception is in part because the public interest in suppressing prostitution is considered paramount to the confidentiality of the marriage relationship where a pimp and prostitute may be husband and wife. In some respects, the rationale is similar to that for other exceptions to the husband-wife privilege in cases where one spouse is the victim of an offense committed by the other. 

 

Ohio Rules

Character evidence, EvR 404. 

Methods of proving character, EvR 405.