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Victims of Crime
As a victim of a crime, pursuant to the Oklahoma Constitution Article 2, § 34, you have certain rights:
- To be informed in writing of all constitutional and statutory rights;
- To receive written notification of how to access victim rights information from the interviewing officer or investigating detective;
- Upon request, to be notified and to be present at all proceedings involving the criminal or delinquent conduct, to be heard in any proceeding involving release, plea, sentencing, disposition, parole and any proceeding during which a right of the victim is implicated;
- Upon request, to be notified that a court proceeding to which a victim or witness has been subpoenaed will or will not go on as scheduled, in order to save the person an unnecessary trip to court;
- To be treated with fairness and respect for your safety, dignity and privacy, to receive protection from harm and threats of harm arising out of cooperation with law enforcement and prosecution efforts, to be provided with information as to the level of protection available and how to access protection, and upon request, to be notified of any release or escape of an accused;
- To be informed of financial assistance and other social services available as a result of being a witness or a victim, including information on how to apply for the assistance and services;
- To be informed of the procedure to be followed in order to apply for and receive any witness fee to which the victim or witness is entitled;
- To be informed of the procedure to be followed in order to apply for and receive any restitution to which the victim is entitled;
- To be provided, whenever possible, a secure waiting area during court proceedings that does not require close proximity to defendants and families and friends of defendants;
- To have any stolen or other personal property expeditiously returned by law enforcement agencies when no longer needed as evidence. If feasible, all such property, except weapons, currency, contraband, property subject to evidentiary analysis and property the ownership of which is disputed, shall be returned to the person;
- To be provided with appropriate employer intercession services to ensure that employers of the victims and witnesses will cooperate with the criminal justice process in order to minimize the loss of pay and other benefits of the employee resulting from court appearances;
- To have all family members of all homicide victims afforded all of the services under the Victim’s Rights Act, whether or not the person is to be a witness to any criminal proceedings;
- To be informed that when any family member is required to be a witness by subpoena from the defense, there must be a showing that the witness can provide relevant testimony as to the guilt or innocence of the defendant before the witness may be excluded from the proceeding by invoking the rule to remove potential witnesses and to refuse an interview or other request made by the accused or any person acting on behalf of the accused, other than a refusal to appear if subpoenaed by defense counsel;
- To be informed in any felony case involving a violent crime or sex offense of the progress of pretrial proceedings which could substantially delay the prosecution of the case;
- Upon request, to protect the personal information of the victim in law enforcement or court records, if it is determined by the court to be necessary to protect the victim from harassment or physical harm and if the information is immaterial to the defense and to protect the identity of the victim in sexual assault cases;
- To be informed of any plea bargaining negotiations, and upon request, to confer with the attorney for the state;
- To a speedy disposition of the charges free from unwarranted delay caused by or at the behest of the defendant or minor. In determining a date for any criminal trial or other important criminal or juvenile justice hearing, the court shall consider the interests of the victim of a crime to a speedy resolution of the charges under the same standards that govern the right to a speedy trial for a defendant or a minor. In ruling on any motion presented on behalf of a defendant or minor to continue a previously established trial or other important criminal or juvenile justice hearing, the court shall inquire into the circumstances requiring the delay and consider the interests of the victim of a crime to a speedy resolution of the case;
- To present a victim impact statement to the court in writing or orally during the formal sentencing proceeding, to have victim impact statements filed with the judgment and sentence, and the victim impact statements shall be considered by the Pardon and Parole Board when deciding whether to grant parole;
- To be informed if a sentence is overturned, remanded for a new trial or otherwise modified by the Oklahoma Court of Criminal Appeals;
- To be informed that the Oklahoma Constitution allows, upon the recommendation of the Pardon and Parole Board and the approval of the Governor, the commutation of any sentence, including a sentence of life without parole;
- Upon request, to be notified by the Pardon and Parole Board of proceedings and actions regarding pardon, parole and commutation; and
- To assert individually, through an attorney or lawful representative, or by request, through the attorney for state, in any trial or appellate court or before any other authority with jurisdiction over the case and have enforced all the rights enumerated and afforded to the victim by law.
- Rights afforded victims under the Oklahoma Victims Rights Act shall be protected in a manner no less vigorous than the rights afforded the accused.
- The Victims Bill of Rights became known as Marsy’s Law in November 2018.
Victims of Domestic Violence and Sexual Assault
As a victim of domestic violence, rape, forcible sodomy or stalking, pursuant to Oklahoma Statute Title 21 §142A-3, you have the right to:
- Request that charges be pressed against your assailant;
- Request protection from any harm or threat of harm arising out of cooperation with law enforcement and prosecution efforts and to be provided with information on the level of protection available;
- Be informed of financial assistance and other social services available, including information on how to apply for the assistance and services;
- File a petition for a protective order or, when the court is not open for business, an emergency temporary protective order;
- Be informed by the interviewing officer and the District Attorney of other victims' rights available pursuant to Title 21 §142A-2 of the Oklahoma Statutes; and
- A free medical examination for the procurement of evidence to aid in the prosecution of your assailant.
Additionally, victims of sexual assault under Oklahoma Statute Title 74, Section 150.28a, have the right to track the location of their sexual assault (SA) kit from collection to final analysis. Access this information through the following website: https://sakt.osbi.ok.gov.
For additional information, contact the OSBI at (405) 330-6724.
Victims of Human Trafficking
As a victim of human trafficking, pursuant to Oklahoma Statutes Title 21, § 748.2 you have the right to:
- Be provided a copy of your rights as a crime victim in writing;
- Be housed in an appropriate shelter as soon as practicable;
- Not be detained in facilities inappropriate to your status as a crime victim;
- Not be jailed, fined, or otherwise penalized due to having been trafficked;
- Receive prompt medical care, mental health care, food, and other assistance, as necessary;
- Have access to legal assistance, information about your rights, and translation services, as necessary; and
- Be provided protection if your safety is at risk or if there is a danger of additional harm due to your recapture by a trafficker, including:
- Take measures to protect you and your family members from intimidation and threats of reprisals, and
- Ensure the names and identifying information for you and your family members are not disclosed to the public.
Financial Assistance for Victims of Violent Crime
If you are the victim of a violent crime, financial assistance may be available for you.
Out of pocket expenses considered under the Crime Victims Compensation Program are:
- Medical and Dental Care
- Counseling and Rehabilitation
- Work Loss or Loss of Support
- Caregiver Work Loss
- Crime Scene Clean-up
- Funeral and Burial Expenses
Visit the Oklahoma Crime Victims Compensation website here to learn more.