THE OKLAHOMA BAR JOURNAL 10 | FEBRUARY 2026 Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff. Additional protections apply to specific categories of victims. Survivors of sexual assault are entitled to forensic medical exams at no cost,5 and those seeking protective orders may do so even when courts are closed.6 Victims of human trafficking may not be fined or jailed for acts committed under coercion and are entitled to shelter and legal support.7 THE ENFORCEMENT GAP: WHEN RIGHTS ARE THEORETICAL Despite these legal guarantees, victims in Oklahoma and across the U.S. often find that asserting their rights is easier said than done. Too frequently, they are: Not informed of plea deals until after they occur Discouraged or prevented from giving victim impact statements Excluded from sentencing hearings Ignored when requesting restitution or safety protections These experiences are not just anecdotal. A 2023 analysis by the National Crime Victim Law Institute8 identifies systemic failures in victims’ rights implementation, highlighting how courts and prosecutors often overlook statutory rights to be present, informed and heard. In Oklahoma, the statutory language allows victims to assert their rights “in any trial or appellate court,”9 but courts rarely, if ever, grant standing.10 There is no state-level enforcement body. No victim ombudsman. And limited to no precedent holding state actors accountable for noncompliance. BARRIERS TO ENFORCEMENT The reasons victims’ rights go unenforced are both systemic and cultural: Lack of Awareness: Victims are frequently unaware of their rights, especially in the immediate aftermath of trauma.11 No Legal Representation: Most victims are not assigned counsel and cannot afford to hire their own. Prosecutors represent the state, not the victim.12 Judicial Resistance: Some judges minimize victims’ participatory rights, seeing them as advisory or inconvenient to court efficiency.13 Prosecutorial Discretion: Prosecutors are not always inclined to consult with victims on plea deals, even when required by statute.14 Cultural Inertia: The criminal justice system was never built with victims in mind. And institutional change has been slow.15 THE ETHICAL TENSION FOR PROSECUTORS While prosecutors are often assumed to advocate for victims, their legal and ethical duties lie with the state. Their primary role is to represent the interests of the government, not any individual party. This structure ensures due process for the accused, but it also creates an inherent tension when victims believe the prosecutor is “their attorney,” only to discover that their needs and the state’s priorities do not always align. This tension can manifest in several ways: Plea Negotiations: Prosecutors may enter into plea agreements without first consulting victims, even in serious felony cases. Although Oklahoma law gives victims the right to confer with the state’s attorney, this is often treated as discretionary. Trial Strategy Decisions: Victims may hope to influence charging decisions or sentencing recommendations, particularly when they involve safety concerns or repeat offenders. But prosecutors, bound by evidentiary and strategic constraints, often make decisions without victim input or in direct opposition to it. These choices can feel dismissive, especially when not explained. Resource Constraints: High caseloads and limited staffing can lead to efficiency-driven decisions that marginalize victim involvement, even when the prosecutor is well-meaning. Ultimately, prosecutors walk a fine ethical line. They must balance victim engagement with their obligation to ensure a fair trial, maintain impartiality and conserve public resources. But without mechanisms for independent victim representation, this balance often tilts away from victims, leaving them without meaningful recourse when their concerns are sidelined. To bridge this gap, many district attorneys’ offices employ victim-witness advocates, staff who are supposed to support victims by providing information, logistical help and emotional support.
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