Oklahoma § 21-142C - Definitions

§ 21-142C. Definitions

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

Oklahoma Statutes - Title 21. Crimes and Punishments

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.

Oklahoma Statutes - Title 21. Crimes and Punishments

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.