Ryan Weld Story Archives - West Virginia Public Broadcasting

Spousal Sex Abuse Fully Criminalized, Marking ‘New Day’ For Survivors

Gov. Jim Justice signed a law on Friday eliminating marital exemptions for sex abuse. Advocates say the new law will help survivors pursue legal recourse for their experiences with spousal abuse.

In West Virginia courtrooms, marriage no longer qualifies as a legal defense for sexual abuse.

Gov. Jim Justice signed Senate Bill 190 into law Friday, removing all remaining marital exemptions for crimes of sexual violence.

Previously, state law blocked spousal prosecution over acts classified not as sexual assault, but as “sexual abuse” — namely non-consensual sexual touching.

Exemptions like these were even steeper decades prior. Spousal rape was not a criminal offense in the state until 1976.

That’s when former Sen. Judith Herndon, R-Ohio, then the only female state senator, called for changes to the state’s sex abuse laws that were later adopted by the West Virginia Legislature.

With spousal sex abuse now fully criminalized, state officials and community advocates alike have expressed hope that more support for survivors lies ahead.

Becoming Law

Marital exemptions for sex abuse have long been a concern of advocates for the survivors of domestic violence.

“This was definitely not new to this session. I’ve been working in advocacy full time for the last eight years, and I know that it’s been in conversation for as long as that,” said Sara Belvins O’Toole, director of development with Branches Domestic Violence Center.

Based in Huntington, Branches provides housing support to victims of domestic violence across five West Virginia counties.

This year, however, discussion over the statute grew in February, as members of the West Virginia House of Delegates debated the so-called “Women’s Bill of Rights.”

That bill aimed to define sex-based terminology in state law, and create protections for “certain single sex environments.”

Opponents of the bill described it as discriminatory toward transgender residents. Del. Kayla Young, D-Kanawha, introduced an amendment with several new provisions to exemplify “what [it] could look like if women had equal rights under the law.”

That included removing sales taxes on period products, establishing parental leave for state employees — and removing marital exemptions for sex abuse from state law.

Young’s other ideas were shot down. But one part of her amendment ultimately passed: removing the marital rape exemption.

The Women’s Bill of Rights, and therefore Young’s amendment, did not become law. But the possibility of removing marital exemptions grew as the session wore on.

A bill proposed earlier in the session by Sen. Ryan Weld, R-Brooke, passed through the West Virginia Senate later in February, then the House in March.

And, on Friday, Justice signed Weld’s bill into law.

Supporting Survivors

At a Feb. 23 Senate Judiciary Committee meeting, Gabrielle Mucciola, prosecuting attorney for Monongalia County, attested to the bill’s importance for supporting survivors of domestic violence.

“These cases are wildly underreported,” Mucciola said. “And I would say that this exemption creates just another hurdle for victims of sexual abuse and sexual assault to come forward and feel comfortable that West Virginia adequately protects them.”

“You can imagine the heartbreak that a survivor might feel if they’re going through the legal process and, all of a sudden, because they were married to that person, what happened to them is not validated,” Belvins O’Toole said.

With the bill passed, advocates for survivors of domestic violence say they expect these barriers to reporting sexual violence will be reduced.

“Hopefully… people understand that this is an option for them now,” said Julie Britton, director of the YWCA Resolve Family Abuse Program in Charleston. Britton’s group offers housing and emergency interventions for survivors of domestic abuse.

Belvins O’Toole said the new law ensures that people are equally protected from sexual violence.

According to her, reducing barriers to prosecuting sexual violence is especially important because it expedites a process that can be difficult for survivors. “Most importantly, this is a win for survivors,” she said.

Britton agreed, expressing hope for a better future for survivors across the state.

“I just think that this is a new day for West Virginia,” Britton said. “It’s just another tool that we can use to make sure survivors get the justice that they absolutely deserve.”

Marital Exemption For Sexual Abuse Could Be Removed From State Code

Currently there is a exemption for sexual abuse in marriage. Monday the Senate passed a bill that would change that.

The bill requires that there was physical force that overcame earnest resistance.

Lead sponsor of the bill, Sen. Ryan Weld, R-Brooke, said he is following in the steps of his predecessor, the late Sen. Judith Herndon who removed the marital exception from the state’s sexual assault code. She was the only woman in the Senate at the time.

In West Virginia sexual assault is in most cases considered rape. Sexual abuse is unwanted groping or otherwise unwanted touching inappropriately.

“So this is carrying on what I believe to be an unfinished job that she wasn’t able to get done for she unfortunately passed away in 1980,” Weld said. “Sexual abuse currently in code has an exception, what is known as the marital exception. And so that if you are married to somebody, and you touch them in a private area as the result of forcible compulsion, you cannot be convicted of a crime.”

Sen. Michael Azinger, R-Wood, was one of nine no votes. He said he doesn’t have a problem with the entire bill, just parts of it.

“If you have just your general play between husband and wife,” Azinger said. “That goes on in every marriage in every house and something goes bad, then a divorce comes along with something like that. That could be used potentially against the husband in later times.”

State Opens New Trade Office With Taiwan

A trade delegation of state leaders is in Taiwan for a ribbon cutting of a new West Virginia Taiwan Office at the Taipei World Trade Center.

According to a press release from the state Senate Communications Office, the trade office will serve as a hub for promoting West Virginia as a prime location for Taiwanese investment and assisting West Virginia businesses with exporting their products and services to Taiwan. As more companies in Taiwan seek to expand their global footprint, the West Virginia Taiwan Office will make the state more competitive in its mission to attract those new investment opportunities.

During Thursday’s ribbon cutting ceremony, Senate President Craig Blair, R-Berkeley, pledged to build a long-term relationship with Taiwan and that this new office would be a strong platform to foster that growth.

“When I first visited Taiwan in 2018, I knew that it was a special place, and I began working on ways we could set up a West Virginia trade office here,” Blair said. “The people of Taiwan are exactly like the great people of West Virginia. They’re both family oriented, industrious, innovative, and extremely warm, caring and welcoming. In fact, the song ‘Take Me Home, Country Roads’ is as popular in Taiwan as it is in West Virginia. Everyone knows the words regardless of the language barrier.”

APG Polytech, owned by Taipei based, Far Eastern New Century Corporation, is already in Mason County. The company produces polymer resin for manufacturing companies.

Blair said this week’s trade mission has opened even more doors and led to more discussions for future investment.

House Speaker Roger Hanshaw, R-Clay, agreed, and said he is eager to see West Virginia’s relationship with Taiwan continue to strengthen.

“We’ve all learned that even though we can do just about anything virtually, there’s still something special about a handshake and a face-to-face conversation,” Hanshaw said. “Our relationship with our friends here in Taiwan is special, and I’m excited West Virginia will be on the ground here to actively recruit companies that would be a great fit for the economy we’ve been building here in the Mountain State. I appreciate the work our Department of Economic Development has put in here already and I’m eager to see how that continues even after we leave here this week.”

Also attending on behalf of the West Virginia Legislature were Senate Majority Whip Ryan Weld, R-Brooke, Senate Minority Whip Robert Plymale, D-Wayne; and Delegates Wayne Clark, R-Jefferson; Paul Espinosa, R-Jefferson; Daniel Linville, R-Cabell; and Kayla Young, D-Kanawha.

The Chinese Communist Party has ramped up provocative moves against the island following high profile meetings with former U.S. House Speaker Nancy Pelosi and current U.S. House Speaker Kevin McCarthy.

Despite bilateral relations with Taiwan, the U.S. does not have a formal diplomatic relationship with the island, which China considers is part of its sovereign territory.

While Taiwan still dominates the world’s chip industry, producing over 60% of the world’s semiconductors, the country has faced recent resistance on the part of some U.S. investors over the lack of a formal tax treaty between the two countries.

Taiwan’s gross domestic product (GDP) shrank by 3 percent during the first quarter of 2023 and the country’s economy has slipped into recession.

Slowing global demand for semiconductors is blamed for the country’s poor economic performance.

TikTok Ban, Natural Gas Power And More Pass Senate

The Senate passed several bills Wednesday, including one designed to ban TikTok from government devices.

With Sen. Charles Trump, R-Morgan, presiding, the Senate passed several bills Wednesday, including Senate Bill 426, which allows the state’s chief information security officer to establish standards for, and ultimately block or ban, access to technological services, apps, programs or products on government devices.

Sen. Ryan Weld, R-Brook, made it clear on the floor that the bill, which originated from the executive, had one particular app in mind.

“This bill comes to us as a result of, I’m sure a lot of you are familiar with discussions regarding TikTok,” Weld said. “TikTok, as we all know, is the very popular social media platform, video sharing platform, that is owned by a Chinese tech conglomerate, ByteDance. It has been in the news recently, the federal government enacted a ban of TikTok on all of its systems due to privacy concerns, concerns that the app collects much more data than is needed for its intended purpose.”

An amendment to the bill introduced and passed on the Senate floor Tuesday would create exceptions for law enforcement purposes.

Also passed on third reading Wednesday were:

Senate Bill 188, the Grid Stabilization and Security Act of 2023, would encourage the development and implementation of natural gas electric generation projects. Sen. Laura Chapman, R-Ohio, Sen. Randy Smith, R-Tucker, and Sen. Rupie Phillips, R-Logan, voted against the bill.

Senate Bill 240 would require state board of examination or registration proceedings to be open to public inspection

These three bills now go to the House of Delegates for their consideration.

The Senate also took action on Senate Bill 128, amending the House amendment to the bill and passing the bill, with Sen. Smith voting against. The bill, which implements limitations on the governor or legislature’s ability to declare a state of emergency, now awaits the Senate’s request that the House concur on today’s changes.

To The Executive

The Senate also completed legislative action on three bills, including:

House Bill 2506. The bill allows the Department of Motor Vehicles to take advantage of modern advances in secure digital titles for property to create a title clearinghouse to produce titles for nonresidential businesses.

Constitutional rules were suspended to pass the bill the same day it was introduced.

House Bill 2029 repeals the creation of an all-payer claims database by removing the original authority provided to the Department of Health and Human Resources.

House Bill 2018 permits the managed care case coordinator to attend the multidisciplinary team meeting. Under West Virginia code, a multidisciplinary team must be convened within thirty days of the initiation of a judicial proceeding to assess, plan and implement a comprehensive, individualized service plan for children who are victims of abuse or neglect and their families.

Senate Bill 132 clarifies the criminal offense of harassment to include stalking as a form of harassment.

Part Four: Greyhound Adoption Popular, But Appeal Could Wane With Industry

When dogs are done racing, it's time for them to enjoy a well-earned retirement. Demand to adopt racing greyhounds in particular is high.

When dogs are done racing, it’s time for them to enjoy a well-earned retirement. Demand to adopt racing greyhounds in particular is high.

Sen. Ryan Weld, R-Brooke, was doing his due diligence when he went to inspect the kennels at the Wheeling Island Adoption Center. He wanted to make sure that the industry in his district was safe and humane. What he didn’t want, was what he got: another dog.

“The only downside to visiting the kennel that day is that my wife and I went from two to three dogs,” Weld said. “We adopted a dog that we met that day.”

Weld calls it a downside, but like many people he was taken by what the American Kennel Club calls the greyhound’s nobility and gentleness. And although greyhounds can reach speeds of more than 40 miles per hour, it’s actually not a very active breed.

“They’re called 45 mile an hour couch potatoes,” Weld said. “They like to run out in the morning, she’ll run a little bit at night. But other than that, they just like to lounge.”

That relaxed temperament is part of the racing greyhound’s appeal.

Greyhound breeder Steve Sarras said most if not all of his dogs get adopted. Of the 75 dogs on Sarras’ farm in Wellsburg, even the best dogs only race until they’re around five or six years old. As much as Sarras and his employees love their dogs, at the end of the day it is still a business and space needs to be made for new dogs.

“The best thing is we breed them, we know that someone wants them, that’s the best thing about it,” Sarras said. “The industry has gotten like, anywhere from a 95 to a 97 percent adoption rate. You look at any other canine breed and nowhere near that.”

Greyhound breeder Steve Sarras smiles down at one of his newest puppies.

Across the country, people are more than willing to adopt racing greyhounds. Sydney Bader is the adoption coordinator for Wheeling Island Greyhound Adoption Center. Her organization works directly with trainers, the track and groups all around the U.S. and Canada to help disperse all of the dogs that have retired to loving homes.

“The demand is ridiculous,” Bader said. “We’re not Walmart, we can’t create dogs just because the demand is so high.”

As the industry declines, the supply of dogs is dwindling with it. Come next year, West Virginia will be home to the last two dog tracks in the country.

“If you want one or two more greyhounds before this is all over, put in your apps now, start looking now, because this conversation is not going to be the same in three, five, six years,” Bader said. “I don’t know what it looks like.”

Bader said that the Wheeling Island Adoption Center and its partner programs in other states have become more discerning.

“A lot of time in the past several years has been spent devoted to learning about our dogs, and also learning about our adopters and learning about our groups that we work with,” she said.

The demand for these dogs as pets is definitely not going anywhere. Like Weld, Bader said that the greyhound’s appeal is in their temperament.

Advocates, adopters, trainers and breeders all agree on one thing: greyhounds that have gone through the racing program are just different. The dogs’ socialization – both with humans and other dogs – certainly plays a part.

Generally, a non-racing dog being put up for adoption is separated from its littermates nine to 12 weeks after being born. But racing breeders like Sarras often keep littermates together for more than a year before sending them to training.

Racing greyhounds take the first turn at the Wheeling Island track.

Whatever makes greyhounds so appealing, it’s likely to go away with the racing industry.

“A greyhound that hasn’t raced versus a greyhound who went through the program? Absolutely, they’re different,” Bader said. “They’re honestly the easiest dog to own. I always tell people, it’s like owning a 75 pound cat.”

As a greyhound owner herself, she admits there can be a bit of a learning curve as the dogs acclimate to domestic life.

“I would always have people come up and be like, greyhounds are stupid,” she said. “They’re not, they just never had to problem solve. And it’s not that they can’t do it. That’s not how they’re born, bred and raised to operate.”

That’s where people like Gaye Anne Weaver, executive director of the Greyhound Inmate Experience, come in.

“People who are interested in adoption of greyhounds, the majority of them want a pet,” Weaver said. “The tracks and the kennels are not a pet environment.”

Weaver receives about 15 of the 20 retired racing greyhounds in her program from West Virginia every 10 weeks. She places the dogs at the Lakeland Correctional Facility in Coldwater, Michigan, one dog with two inmates, to be trained.

Greyhounds are well-socialized, but in a very specific way, and they need some help acclimating to home life.

“Once they come off the track, it’s our purpose to help them transition into pet life, which is getting hugs and all those other things and treats and toys,” Weaver said.

Young greyhounds look through the fencing of their enclosure on the Sarras farm.

Weaver said the program ended up at the prison because they needed a place where they could foster and train a lot of greyhounds all at once. But what started out as a dog-focused program, has now become a person-focused program. The inmates help the dogs prepare for their new homes, and in turn the dogs help the inmates prepare for success after their sentences.

“There were a lot of pessimists out there that said, you know, you’re never gonna get 40 guys to make a commitment and be responsible, have empathy, communicate with one another, trust one another. It’s just never going to happen,” Weaver said. “And I think that over the years, we’ve probably proved all the skeptics wrong.”

For that reason, Weaver and her team are less concerned than others about the decline of the racing greyhound in America. But as a greyhound lover of more than 20 years, she said she has seen a lot of improvements in the industry.

At this juncture, with West Virginia set to become the last place where greyhounds are raced in the United States, perhaps those improvements were too little too late. But it seems certain that if greyhound racing ends here, the breed as is known and loved by so many will go with it.