VICTIM'S RIGHTS


As a victim of the crime of domestic abuse, rape, or forcible sodomy, you have certain rights:
     1. 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
     2. The right to recieve protection from any harm and threats of harm arising out of your cooperation with law enforcement and prosecution efforts, and to be provided with information as to the level of protection available and how to access protection;
     3. The right to be informed of financial assistance and other social services available as a result of being a witness or a crime victim, including information on how to apply for the assistance and services;
     4. To be informed of procedure to be followed in order to apply for and receive any witness fee to which the victim or witness is entitled;
     5. To be informed of the procedure to be followed in order to apply for and receive any restitution to which the victim is entitled;
     6. 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;
     7. 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;
     8. To be provided with appropriate employer intercession services to ensure that employers of victims and witnesses will cooperate with the criminal justice process in order to minimize an employee's loss of pay and other benefits resulting from court appearances;
     9. To have the family members of all homicide victims afforded all of the services under this section, whether or not the person is to be a witness in any criminal proceedings;
    10. To be informed of any plea bargain negotiations;
    11. To have victim impact statements filed with the judgment and sentence;
    12. To be informed if a sentence is overturned, remanded for a new trial or otherwise modified by the Oklahoma Court of Criminal Appeals;
    13. To be informed that any sentence, including Life without Parole, may be commuted;
    14. To be informed in writing of all statutory rights;
    15. To be informed that when any family member is required to be a witness by a 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 proceedings by invoking the rule to remove potential witnesses;
    16. To be notified by the Pardon & Parole Board of Pardon & Parole actions if you request notification;
    17. To be informed in felony cases involving violent crime or sex offenses when pre-trial proceedings may substantially delay prosecution;
    18. In sexual assault cases, to protect the identity of the victim, test results of the offender will be made available to the victims designated physician or counseling site as made known to the victim witness coordinator by the victim or to the victim witness coordinator if the victim so desires within three days of completion of the examination or testing. If designation has been made, the victim witness coordinator shall notify the victim's designated professional that the results are being forwarded and instruct the victim to set a time to receive the results in person.  If no designation has been made by the victim, the victim witness coordinator will notify the victim within three days of completion of the examination or testing and set-up a time to deliver the results in person.

Contact the District Attorney's office for more information on any of the above services.  If you wish to be notified, they will need a written request from you so they can flag their file. Your request should contain the name of the defendant, case number and county where charges were filed, and your current mailing address and phone number or the mailing address and phone number of someone who can contact you.


Provided by the District Attorney's Council

MYTH  Rape is provoked by the victim.  Women who are raped are asking for it.

FACT A study conducted in Philadelphia by Dr. Menachem Amir (Patterns in Forcible Rape) indicated that 60-70% rapes are at least partially planned beforehand by the rapists. The study also shows that the victim is usually threatened with death or bodily harm if she resists. Why should a women go out of her way to be humiliated, beaten, or possibly killed? The problem with this myth is the way it takes away the criminal blame from the rapist and shifts the responsibility for the crime to the victim.
Although provocation may consist of only a "gesture," according to the Federal Commission on Crimes of Violence only 4% of reported sexual assaults involved precipitative behavior on the part of the victim, and most of this provocation consisted of nothing more than walking or dressing in a way that is socially defined as attractive. No woman's behavior or dress gives a man the right to rape her.

MYTH  Only young, beautiful women in seductive clothing are raped. It can't happen to me. Only other types of women get raped. Only "bad" girls get raped.

FACT  The victim of sexual assault is a victim of violence. Rapists choose their victim without regard to physical appearance. Victims are of every age, shape, race, and social class. The reported age range is six months to 90 years of age. Nearly one-half of rapes are committed in the victims' homes.

 
MYTH  Sexual assault occurs only among strangers. If I avoid strangers, I will not be raped.

FACT Although 51% of the rapes studied by Amir did occur among total strangers, 49% involved cases in which the victim and offender knew each other in some way. In 14% of the cases the rapist was a close friend, a relative, or a friend of the family. The National Commission on the Causes and Prevention of Violence reported that 53% of victims were total strangers to their attackers, 30% were slightly acquainted, 7% had a family relationship, and 3% were not related but had a previous close association. When considering these statistics, it is important to remember that they deal with REPORTED cases of forcible rape; a woman is more apt to report being raped by a stranger than by a friend or relative.

Preventing Sexual Assault


     
Know the Facts about Rape

In 80% of sexual assault cases the rapist knows the victim. Over 30% of cases, the rapist and victim are either acquaintances, neighbors, friends, or relatives.
Rape is a violent crime-a hostile attack, an attempt to hurt and humiliate.  It is not the result of "uncontrolled passions".

Rape can happen to anyone.  Students, working women, wives, mothers, children,
grandmothers, and even males are the victims of rape. 

Rape can happen anywhere and at anytime, in public or in your home, day or night.

Rape is one of the most underreported crimes.  Most rapists will keep re-offending
until they are caught,, so it is important to report any kind of sexual assault to law
enforcement.

Sexual assault is very rarely about sex at all. In most cases it is about control for the rapist.
An attempted sexual assault can be just as traumatic as a completed assault, the feelings of terror, humiliation, and powerlessness are the same.
Sexual orientation is not a factor in sexual assault. Both heterosexuals and homosexuals are sexually assaulted.
Reactions to sexual assault vary from person to person. Some become angry while others are emotional. Both are natural and okay.
It is the survivors choice whether to report the assault or not. Regardless of their choice, others must respect the choice. Showing support is the best way to help the victim heal.

   
  Prevention Tips 
First, know the facts about rape.  Become aware of locations and situations where
rape might occur and avoid them, if possible. 

Consider your alternatives if confronted by a rapist.  Practice possible responses so 
that you can recall them even under the stress of an encounter.


   
  Safety at Home
Install effective locks on all doors and windows-and use them

Install a peephole viewer in your door, never open your door without knowing who is on the other side. Require salespeople or repair people to show identification.

If you are alone, use only your last name and initials on mail boxes and in telephone 
directories.  

If strangers telephone or come to your door, don't admit that you are alone.

Don't let any strangers into you home, no matter what the reason or how dire the 
emergency.  Offer to make an emergency phone call while they wait outside.

If you live in an apartment, avoid being in the laundry room or garage by yourself,
especially at night. 

If you come home to your window or door open, or signs of forced entry. DO NOT GO IN!!!Go to your local law enforcement office or find a neighbor.
     Don't Walk Into Danger
Whenever possible, travel with a friend
         
Stay in well-lighted areas as much as possible

Walk confidently, directly, and at a steady pace on the side of the street facing traffic.
 A rapist looks for someone who appears vulnerable

Walk close to the curb.  Avoid doorways, bushes and alleys where rapists can hide

If you think you are being followed, walk quickly to areas where there are lights and 
people. If a car appears to be following you, turn and walk on the other side of the 
street

If you are in danger, scream and run or yell "fire"


    
 Car Safety
Keep your car in good working order and the gas tank at least half full

Always lock your car doors after entering or leaving your car

Park in well-lighted areas

As you approach your car, have your car keys in your hand, look under your car and 
check the back seat area before entering

If you think you are being followed, drive to a public place

If your car breaks down, turn on your flashers, open the hood, attach a white cloth to 
the antennae and wait inside your car with the doors locked.  If someone stops to 
help, stay in your car and ask them to call the local law enforcement agency, a garage, or tow service for you

         
     If You Are Attacked...
Remember, your main concern must always be YOUR SAFETY. No one can tell you
whether or not you should fight back, submit, or resist.  It depends on you and the
situation.

Keep assessing the situation as it is happening.  If one strategy doesn't work, try 
another. Possible option are: negotiating, stalling for time, distracting the assailant and fleeing to a safe place, verbal assertiveness, screaming to attract attention or physical resistance.  Your best defense, however, is to
BE PREPARED--know your options ahead of time. Your safety may depend upon your ability to stay cool and calm.
     If You Are a Victim of Rape...
Go to a safe place immediately and call your local law enforcement agency, a rape 
crisis center, doctor, friend or relative.  The sooner you make the report, the greater
the chances the attacker will be caught. 

Do not wash, douche, change clothes or clean up in any way until after talking to law
and going to the hospital.  You could destroy valuable evidence for court use.

Remember, you are the victim.  You have nothig to feel guilty or ashamed about. You
may want to contact a treatment or crisis center to help you deal with the 
consequences of the assault.
Information provided by the Crime and Violence Prevention Center-California Attorney General's Office

About Sexual Assault


Sexual abuse is any non-consenting sexual act or behavior.  It is not just forced sexual contact.  Sexual abuse, in its many forms, demeans and humiliates, making one feel shameful and exposed, particularly with regards to one's sexuality.  Following are examples:
*  Made demeaning remarks about partners body or body parts
*  Minimized partner's feelings about sex
*  Berated partner about her sexual history, possibly including blaming partner for having experienced child sexual abuse or rape
*  Jealousy and anger associated with the assumption that partner would be sexual with any available man or woman.
*  Sexual name calling (slut, whore, etc)
*  Told sexist or homophobic jokes and/or made demeaning sexual remarks about homosexuals.
* Withheld sexual affection from partner
*  Had sex with partner when she was asleep, drunk, high, or otherwise incapacitated or diminished in her capacity to consent
*  Openly showed sexual interest in other women while at home or in public
*  Had affairs with other women (or men) and flaunted them after agreeing to be in a monogamous relationship
*  Made demeaning remarks about partner's dress or insisted that partner dress in more sexual ways then she is comfortable
*  Insisted on touching partner sexually when she did not want to be touched, or forced her to strip when alone or in the presence of others
*  Forced particular unwanted sexual behaviors
*  Forced partner to watch or have sex with others
*  Forced partner to pose for sexual photographs or pornography
*  Forced partner to engage in sex
*  Coerced partner into having sex after an abusive incident
*  Forced partner to have sex when she was sick or when sex endangered her health
*  Forced sex with objects or weapons
*  Sadistic sexual acts (things that hurt)
*  Forced partner to have sexual contact with animals

      ​
Sexual Assault Definitions

RAPE  Rape is an act of sexual intercourse in which the person does not give consent and is not married to the assailant.  The law further defines the following circumstances as rape:   (1) where the person is incapable of consent due to mental disease, disorder, or physical disability; (2) where the act is accomplished against a person's will by means of force or fear of immediate and unlawful bodily injury; (3) where the person cannot resist due to intoxicating, narcotic, or anesthetic substances administered by or with the understanding of the accused; (4) where the act is accomplished against the victim's will by threatening to retaliate in the future against the victim or other person; and (5) where the victim is unconscious.

SPOUSAL RAPE  Spousal or marital rape is sexual intercourse against the victim's will by the spouse, accomplished by force or fear of immediate unlawful bodily harm or future retaliation.  It must be reported within 90 days.  Marital rape is against the law in all 50 states.

SEXUAL BATTERY  Any person who touches an intimate part of another person, if that touching is against the will of the person touched and is for the purpose of sexual arousal, gratification, or abuse, is guilty of sexual battery.  Intimate parts include sexual organs, groin, buttocks, and/or breasts.

UNLAWFUL SEXUAL INTERCOURSE  An act of sexual intercourse (consensual or not) with a female under the age of 16 who is not your spouse.  In Oklahoma, a child under the age of 16 cannot give consent.

ORAL COPULATION  Physical contact between the mouth of one person and the genitals of another person.  CUNNILINGUS is a person's mouth on the genitals of a female.  FELLATIO is a person's mouth on the genitals of a male.

PENETRATION   In prosecuting the crime of rape, you must have evidence of penetration.  Penetration is when the penis comes in contact with the vagina, touching however slightly.  The man does not have to have an erection.  The penis does not have to be inserted into the vagina for penetration to occur.  It is also penetration to insert any foreign object into the vagina (rape by instrumentation).
SODOMY  Physical contact between the penis of one person and the anus of another person.

INCEST  Sexual intercourse between blood relatives or surrogate family.  The term has unofficially broadened in the field of therapy to include trusting an adult or anyone with a power advantage, mental or physical, over a child, who betrays that trust in a sexual manner, verbally or non-verbally, covertly or overtly.

ASSAULT  All other physical attacks are prosecuted under assault.

CHILD MOLESTATION  The willful committing of any lewd or lascivious act upon the body or any part or member of a child under 14 years with the intent of arousing, appealing to or gratifying the lusts, passions or sexual desires of such person or child.

SEXUAL ASSAULT  A general, non-legal term used to describe sexual crimes including rape, spousal rape, sexual battery, oral copulation incest, etc.
Statistically, a rapist has raped at least TEN times before being caught.  The majority of rapists are involved in consenting sexual relationships or are married.  Motivations for rape include POWER, ANGER, and SADISM.

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