FEBRUARY 2026 | 9 THE OKLAHOMA BAR JOURNAL 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. Criminal Law When Rights Aren’t Enough By Rhiannon K. Thoreson Years later, I would enter law school with that experience etched into my bones. I didn’t become an attorney out of academic curiosity or ambition alone; I became one because I wanted to understand the system that had failed me and to help shape a better one. That dual perspective, as both a survivor and an attorney, has shaped every part of my legal career, even though I don’t practice in the criminal arena. HISTORICAL CONTEXT OF VICTIMS’ RIGHTS Historically, American criminal law positioned crime as a conflict between the state and the accused.1 Victims were largely sidelined. Their injuries gave rise to public, not personal, claims, leaving them with no formal voice in court. That began to change during the 1970s and 1980s when survivors, feminist legal theorists and grassroots advocates pushed for legal recognition of victims’ interests.2 By the mid-1980s, every state had adopted some form of victims’ rights legislation. The 1982 President’s Task Force on Victims of Crime recommended sweeping reforms, and in 2004, Congress passed the Crime Victims’ Rights Act (CVRA), codified at 18 U.S.C. §3771. This act created enforceable rights in federal cases, including the rights to be notified, present and heard during major stages of the criminal process. States followed suit, with more than 30 enacting constitutional amendments. Oklahoma joined this movement in 1996, adding Article II, §34 to its state constitution and enacting the Oklahoma Victim’s Rights Act.3 VICTIMS’ RIGHTS IN OKLAHOMA: A LEGAL FRAMEWORK Oklahoma’s statutory and constitutional framework for victims’ rights is detailed and promising on paper.4 Some of the rights crime victims are entitled to include: Being informed in writing of their rights Being notified and present at critical hearings Being heard regarding bail, plea deals, sentencing and parole Conferring with the prosecutor upon request Submitting a victim impact statement Asserting their rights in court through an attorney Seeking and receiving restitution I BECAME A CRIME VICTIM LONG BEFORE I EVER BECAME A LAWYER. Before I understood the structure of a courtroom or the language of legal procedure, I knew what it felt like to sit in a courtroom, trembling and confused. I knew what it meant to be retraumatized by silence, delays and indifference. I learned the hard way that surviving the crime was only the beginning and that the criminal justice system could compound the trauma, even as it claimed to serve victims. A Survivor-Attorney’s Critique of Victims’ Rights in Oklahoma and Beyond
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