For the purposes of this act: 1. "Law enforcement officer" means any sheriff, police officer, peace officer, tribal law enforcement officer, federal law enforcement officer, campus police officer or any other law enforcement officer who has been certified by the Council on Law Enforcement Education and Training (CLEET) and whose duty it is to enforce and preserve the public peace or any other first responder; 2. "Sexual assault forensic evidence" means any human biological specimen collected by a medical provider during a forensic medical examination from an alleged sexual assault victim including, when circumstances indicate the need, a toxicology kit; 3. "Sexual assault victim" or "victim" means any person who is a victim of a sexual assault as defined under Section 142.20 of Title 21 of the Oklahoma Statutes. If the victim is incompetent, the term shall include the parent, guardian, spouse or any other person related to the incompetent victim by consanguinity or affinity to the second degree or any other lawful representative of the incompetent victim; and 4. "Sexual assault victims' advocate" means any person who serves as a victims' advocate for a state-certified or tribal sexual assault or sex trafficking program or an advocate working in a center that offers sexual assault services to minors who has received formalized training through a government or tribal agency in providing trauma-informed direct services to victims of sexual assault. Added by Laws 2021, c. 552, § 2, eff. Nov. 1, 2021.
§21-142C-1. Retention of rights regardless of participation or receiving a forensic medical examination. In addition to rights enumerated in the Oklahoma Victim's Rights Act, a sexual assault victim retains all the rights of this act regardless of whether the victim agrees to participate in the criminal justice system at any time and regardless of whether the victim agrees to receive a forensic medical examination to collect sexual assault forensic evidence. Added by Laws 2021, c. 552, § 3, eff. Nov. 1, 2021.
§21-142C-2. Right to speak with victims' advocate prior to forensic medical examination. A sexual assault victim has the right to speak with, either in person, virtually, via audio and visual communication or telephonically, a sexual assault victims' advocate before the
commencement of any forensic medical examination. When a sexual assault victims' advocate has been requested, but is not available in person, every effort shall be made to allow the sexual assault victim to speak with a sexual assault victims' advocate either virtually, via audio and visual communication or through telephonic means. Added by Laws 2021, c. 552, § 4, eff. Nov. 1, 2021.
§21-142C-3. Victims' advocate shall be allowed to be present at any victim interview – Prohibition on discouraging victim from reporting sexual assault or receiving a forensic medical examination. A. A law enforcement officer or district attorney shall allow a sexual assault victims' advocate to be present during any interview with the sexual assault victim. B. No person, for any reason, shall discourage a sexual assault victim from receiving a forensic medical examination or discourage the sexual assault victim from reporting the sexual assault to the proper authorities. Added by Laws 2021, c. 552, § 5, eff. Nov. 1, 2021.
§21-142C-4. Prohibited uses of sexual assault forensic evidence. No sexual assault forensic evidence shall be used: 1. To prosecute a sexual assault victim for any misdemeanor crimes; or 2. As a basis to search for further evidence of any unrelated misdemeanor crimes that may have been committed by the sexual assault victim. Added by Laws 2021, c. 552, § 6, eff. Nov. 1, 2021.
§21-142C-5. Providing information to victim pursuant to Section 142A-3. Upon initial interaction with a sexual assault victim, a law enforcement officer or medical provider shall provide the victim with victims' rights information pursuant to subsection C of Section 142A-3 of Title 21 of the Oklahoma Statutes. Added by Laws 2021, c. 552, § 7, eff. Nov. 1, 2021.
§21-142C-6. Status of forensic evidence — Request from victim. A. Upon the request of a sexual assault victim, the investigating law enforcement agency shall inform the victim of the status of the sexual assault forensic evidence from the criminal case of the victim. The law enforcement agency may, at its discretion, require that the request by the victim be in writing. The provisions of this subsection shall not require a law enforcement agency to communicate with the victim or the advocate of the victim regarding the status of forensic testing absent a specific request from the victim or advocate of the victim.
B. Sexual assault victims have the right to be informed of the following: 1. Whether or not a deoxyribonucleic acid (DNA) profile was obtained from the testing of the sexual assault forensic evidence from the criminal case of the victim; 2. Whether or not the DNA profile developed from the sexual assault forensic evidence has been entered into the Combined DNA Index System (CODIS) Database; and 3. Whether or not there is a confirmed match between the DNA profile developed from the sexual assault evidence and a DNA profile contained in the Combined DNA Index System (CODIS) Database. C. This section is intended to encourage law enforcement agencies to notify victims of information that is in the possession of the law enforcement agencies. D. This section shall not require the disclosure of evidence, information, or results which would impede or compromise an ongoing criminal investigation. Added by Laws 2025, c. 125, § 1, eff. Nov. 1, 2025.