Info. on Victim's Rights and other Re...

Info. on Victim's Rights and other Resources

Posted in the Broken Bow Forum

mindbender

Enid, OK

#1 May 3, 2012
If you are a victim of a violent crime you may be eligible for compensation through Crime Victims Compensation. The Crime Victims Compensation Act is to provide a method of compensation for victims of violent crime. All funds come from federal and state offenders through fines and penalty assessments. The Oklahoma District Attorneys Council operates the Crime Victims Compensation Program. To access information on this program visit http://www.ok.gov/dac/Victims_Services/Victim...
mindbender

Enid, OK

#2 May 3, 2012
As a Victim of Crime in the State of Oklahoma You Have the Following 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. To receive protection from harm and threats of harm arising out of the cooperation of the person 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. 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;4. 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;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 the loss of pay and other benefits of the employee 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 in writing of all statutory rights;14. 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 proceeding by invoking the rule to remove potential witnesses;15. 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;16. To receive written notification of how to access victim rights information from the interviewing officer or investigating detective; and17. 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. If a continuance is granted, the court shall enter into the record the specific reason for the continuance and the procedures that have been taken to avoid further delays.
mindbender

Enid, OK

#3 May 3, 2012
Sexual Violence
Sexual violence can include many types of crimes including rape, incest, sexual harassment, child molestation, marital rape, exposure and voyeurism. In most cases rapes are planned and premeditated. Rapists often times do not use a weapon in the commission of their crime, but they use threats to the victim of death or bodily injury if he/she resists. Offenders have many means at their disposal to intimidate victims. These include the use or threat of force, trickery, coercion, or bribery. Generally, the offender takes advantage of some power imbalance, such as age, size, strength, development, knowledge, status, in order to humiliate, dominate, violate and control the victim.
Categories of Rape
Acquaintance Rape is where the victim knows her attacker. The attacker could be a friend, date, neighbor, schoolmate, co-worker, or ex-partner.
Marital Rape is a crime of aggression and violence committed against one�s spouse. Rape in marriage serves the partners non sexual need to have power over their partner, or to express anger.
Gang Rape involves more than one assailaint and usually one victim. The primary motive is camaraderie with the other members of the group. Participants are also trying to satisfy their need for affiliation, recognition, status, group membership, and to confirm their masculinity.
Incest is legally defined as sexual intercourse between family members, including step-parents and step-siblings. Victims are trapped within the family unit and many times remain silent. The assailants depend on this secrecy to continue the victimization.
Child Sexual Assault is a form of child abuse in which an adult or older adolescent abuses a child for sexual stimulation. Forms of CSA include asking or pressuring a child to engage in sexual activities (regardless of the outcome), indecent exposure of the genitals to a child, displaying pornography to a child, actual sexual contact against a child, physical contact with the child's genitals, viewing of the child's genitalia without physical contact, or using a child to produce child pornography.Child sexual assault includes indecent exposure, molestation, corrupting morals, exploitation, and rape. The majority of assaults on children do not involve brutality or extreme physical violence.
Male Rape is vastly ignored and unrecognized. Male rape is not just confined to prisoners; it can happen anywhere � in an isolated location, your place of employment, your home. Any man can be raped regardless of size, strength, appearance, or sexual orientation. While many aspects of the male�s reaction to sexual violence are the same as a woman�s, there are unique responses. Males who have been victimized as children or adolescents are more prone to become offenders. There is greater abuse of drugs or alcohol as a result of the assault. There is greater anger and need for retaliation. Severe problems with their sexual identity are more prevalent. There is also a greater sense of vulnerability and lower self esteem.
mindbender

Enid, OK

#4 May 3, 2012
Impact of Rape
According to recent surveys (Tjaden & Thoennes, 2006) approximately 18 million women and almost 3 million men in the United States have been the victim of a rape. One of every six women has been raped at some time in her life. In a single year, more than 300,000 women and almost 93,000 men are estimated to have been raped in the United States. Rape victims often suffer negative mental health consequences because of the rape. These consequences include that rape victims are 3 times more likely to suffer from depression, 6 times more likely to suffer from post traumatic stress disorder, 13 times more likely to abuse alcohol, 26 times more likely to abuse drugs, and 4 times more likely to contemplate suicide (Resick & Schnicke, 1996). According to recent surveys (Tjaden & Thoennes, 2006).]of those raped since age 18, 33 percent of the female rape victims and 24.2 percent of the male victims said they received counseling from a mental health professional as a direct result of their most recent rape The survey found that 19.4 percent of the female victims and 9.7 percent of the male victims raped as adults said their victimization caused them to lose time from work. Reasons for lost time at work can include: to obtain medical treatment, attend court hearings, meet with a psychologist or other mental health professional, and avoid contact with their assailant. Resick, Patricia A., & Schnicke, Monica K.(1996). Cognitive processing therapy for rape victims: A treatment manual. Newbury Park: Sage. U.S. Department of Justice Office of Justice Programs, National Institute of Justice.(2006). Extent, Nature, and Consequences of Rape Victimization: Findings From the National Violence Against Women Survey. Washington, DC: Patricia Tjaden and Nancy Thoennes.
If you have been raped, YOU HAVE OPTIONS!
National Sexual Violence Resource Center: ww.nsvrc.org
National Alliance to End Sexual Violence: www.naesv.org
National Center for Victims of Crime: www.ncvc.org
Rape Abuse Incest National Network: www.rainn.org
National Sisters of Color to End Sexual Assault: www.sisterslead.org
Faith Trust Institute http://www.cpsdv.org/
Love is Respect loveisrespect.org
Choose Respect http://www.cdc.gov/chooserespect/
National Human Trafficking Resource Center http://www.nhtrc.polarisproject.org/
Sexual Violence Research Inititative http://www.svri.org/
VAWnet Online Resource Library http://www.vawnet.org/
U.S. Department of Justice Office for Victims of Crime www.ojp.us doj..gov/ovc
Amnesty International http://www.amnesty.org/en/campaigns/stop-viol...
Humantrafficking.org
thank you

United States

#5 May 3, 2012
Mindbender thank you for taking the time to put all this helpful information on here...the links i added are extremely helpful
thank you

United States

#6 May 3, 2012
The links YOU added I meant....they are extremely helpful....thanks...it is hard to think that in all tradegies are a silver lining...something positive that comes from the pain of so many. However, it seems many concerned citizen are going to be much more informed with respect to how our judicial system works as well as what resources are available for victims of any sexual or violent persons crime in addition to being more informed about how the laws that govern our sociey/those who are responsible for enforcing those laws. Like several have said before me ....information is power .....and there is powers in numbers. So I hope everyone will take a few moments to read the posts you have added to this thread...I know I am. :).
mindbender

Enid, OK

#7 May 3, 2012
Would any MHP's on here please read and respond to a new thread called "A question for MHP;s in and around the Broken Bow Area"... I would appreciate feedback and any ideas you have on how to help the community.
notabradfan

Norman, OK

#8 May 3, 2012
I want this thread back on top..so I posted again. It is vital that the victim's and advocate for the victim's read this thread.
big bear

Broken Bow, OK

#9 May 4, 2012
tying to bump the thread up
notabradfan wrote:
I want this thread back on top..so I posted again. It is vital that the victim's and advocate for the victim's read this thread.
mindbender

Enid, OK

#10 May 5, 2012
Just moving this up to the top again...knowledge is power!
notafan

Smithville, OK

#11 May 6, 2012
Just posting to keep this where those who need to see it will.
big bear

Broken Bow, OK

#12 May 6, 2012
Posting up ...
notafan wrote:
Just posting to keep this where those who need to see it will.
OnGoing

United States

#13 May 6, 2012
I am posting to push this to the top. I hope all family and friends of victims will take time to read this factual and important information.
big bear

Broken Bow, OK

#14 May 7, 2012
OnGoing wrote:
I am posting to push this to the top. I hope all family and friends of victims will take time to read this factual and important information.
Support the victims and thier families.
nobondforbrad

Norman, OK

#15 May 7, 2012
Click before to be directed to a link for anyone wanting to heal from childhood sexual abuse. The book has helped many people.

http://www.riverofforgetting.com/
nobondforbrad

Norman, OK

#16 May 7, 2012
Click below for a link to the online parenthood magazine.

This is a short and easy to read article that includes warning signs that someone YOU know could be a child predator.

http://www.parenthood.com/article-topics/warn...

Since: May 12

United States

#17 May 7, 2012
nobondforbrad wrote:
Click below for a link to the online parenthood magazine.
This is a short and easy to read article that includes warning signs that someone YOU know could be a child predator.
http://www.parenthood.com/article-topics/warn...
Thank-you for your contributions to this thread.

Since: May 12

United States

#18 May 8, 2012
Time Limits for Charges: State Criminal Statutes of Limitations

A statute of limitation is a law which forbids prosecutors from charging someone with a crime that was committed more than a specified number of years ago. The general purpose of statutes of limitation is to make sure convictions occur only upon evidence (physical or eyewitness) that has not deteriorated with time. After the period of the statute has run, the criminal is essentially free.
Statutes of limitation generally require the criminal to remain in the state, gainfully employed and visible, seeming to necessitate that the criminal remain "catchable." If the authorities fail to discover a criminal living in the open within a specified amount of time, society has determined that at that point the criminal should be able to live free from the possibility of prosecution. It appears that this notion is born out of a sense of mercy more than pragmatics: if the criminal is a fugitive, out of the state in which the crime was committed or otherwise living in hiding, this tolls, or suspends, the statute.(Once the criminal reenters the state the statute resumes running.) However, if the criminal were living an open, public, so-called "reformed" life, after a reasonable period of time he is allowed to be free from capture.
Not all crimes are governed by statutes of limitation. Murder, for example, has none. Sex offenses with minors, crimes of violence, kidnapping, arson, and forgery have no statutes of limitation in a number of states. In Arizona and California crimes involving public money or public records have no statutes of limitation. While in Colorado, treason has none.
Many states have adopted systems that classify felonies by category. Therefore, in order to effectively compare statutes of limitation provisions, it is necessary to determine which crimes in that state fit into particular classes. For example, Missouri lists murder or Class A felonies as crimes with no statutes of limitation. Each crime must then be looked up in that state's statutes to determine its classification.

OKLAHOMA
Tit. 22 151-153

Murder: none;

bribery, embezzlement or misappropriation of public money or other assets, falsification of public records, conspiracy to defraud state or other subdivision, rape or forcible sodomy; lewd or indecent proposals or acts against children crimes involving minors in pornography, sodomy: 7 yrs.; (extended if DNA evidence collected and preserved: within 3 yrs. of identity establishment of offender through DNA testing);

criminal conspiracy, embezzlement, criminal state income tax violations: 5 yrs.; all others: 3 yrs.
3 yrs.
Absent state or not a resident of the state
big bear

Broken Bow, OK

#19 May 8, 2012
MINDBENDER123 wrote:
Time Limits for Charges: State Criminal Statutes of Limitations
A statute of limitation is a law which forbids prosecutors from charging someone with a crime that was committed more than a specified number of years ago. The general purpose of statutes of limitation is to make sure convictions occur only upon evidence (physical or eyewitness) that has not deteriorated with time. After the period of the statute has run, the criminal is essentially free.
Statutes of limitation generally require the criminal to remain in the state, gainfully employed and visible, seeming to necessitate that the criminal remain "catchable." If the authorities fail to discover a criminal living in the open within a specified amount of time, society has determined that at that point the criminal should be able to live free from the possibility of prosecution. It appears that this notion is born out of a sense of mercy more than pragmatics: if the criminal is a fugitive, out of the state in which the crime was committed or otherwise living in hiding, this tolls, or suspends, the statute.(Once the criminal reenters the state the statute resumes running.) However, if the criminal were living an open, public, so-called "reformed" life, after a reasonable period of time he is allowed to be free from capture.
Not all crimes are governed by statutes of limitation. Murder, for example, has none. Sex offenses with minors, crimes of violence, kidnapping, arson, and forgery have no statutes of limitation in a number of states. In Arizona and California crimes involving public money or public records have no statutes of limitation. While in Colorado, treason has none.
Many states have adopted systems that classify felonies by category. Therefore, in order to effectively compare statutes of limitation provisions, it is necessary to determine which crimes in that state fit into particular classes. For example, Missouri lists murder or Class A felonies as crimes with no statutes of limitation. Each crime must then be looked up in that state's statutes to determine its classification.
OKLAHOMA
Tit. 22 151-153
Murder: none;
bribery, embezzlement or misappropriation of public money or other assets, falsification of public records, conspiracy to defraud state or other subdivision, rape or forcible sodomy; lewd or indecent proposals or acts against children crimes involving minors in pornography, sodomy: 7 yrs.; (extended if DNA evidence collected and preserved: within 3 yrs. of identity establishment of offender through DNA testing);
criminal conspiracy, embezzlement, criminal state income tax violations: 5 yrs.; all others: 3 yrs.
3 yrs.
Absent state or not a resident of the state
bumping post up

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