{"data":{"id":"us-ok/okla.-stat.-tit.-44-44-806b","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 44, § 44-806B","heading":"Rights of the victim of an offense under the Oklahoma","body":"Uniform Code of Military Justice.\n\nARTICLE 6B. Rights of the victim of an offense under the\n\nOklahoma Uniform Code of Military Justice.\n\nA. A victim of an offense under the Oklahoma Uniform Code of\n\nMilitary Justice has the following rights:\n\n1. The right to be reasonably protected from the accused;\n\n2. The right to reasonable, accurate and timely notice of any\n\nof the following:\n\na. a public hearing concerning the continuation of\n\nconfinement prior to trial of the accused,\n\nb. a preliminary hearing under Section 832 of this title\n\n(Article 32) relating to the offense,\n\nc. a court-martial relating to the offense,\n\nd. a public proceeding of the parole board relating to\n\nthe offense, and\n\ne. the release or escape of the accused;\n\n3. The right not to be excluded from any public hearing or\n\nproceeding described in paragraph 2 of this subsection unless the\n\nmilitary judge or preliminary hearing officer, as applicable, after\n\nreceiving clear and convincing evidence, determines that testimony\n\nby the victim of an offense under the Code would be materially\n\naltered if the victim heard other testimony at that hearing or\n\nproceeding;\n\n4. The right to be reasonably heard at any of the following:\n\na. a public hearing concerning the continuation of\n\nconfinement prior to trial of the accused,\n\nb. a sentencing hearing relating to the offense, and\n\nc. a public proceeding of the parole board relating to\n\nthe offense;\n\n5. The reasonable right to confer with the counsel representing\n\nthe government at any proceeding described in paragraph 2 of this\n\nsubsection;\n\n6. The right to receive restitution as provided in law;\n\n7. The right to proceedings free from unreasonable delay; and\n\n8. The right to be treated with fairness and with respect for\n\nthe dignity and privacy of the victim of an offense under the Code.\n\nB. In this section, the term \"victim of an offense under the\n\nCode\" means an individual who has suffered direct physical,\n\nemotional, or pecuniary harm as a result of the commission of an\n\noffense under the Oklahoma Uniform Code of Military Justice.\n\nC. Nothing in this section shall be construed:\n\n1. To authorize a cause of action for damages; or\n\n2. To create, to enlarge, or to imply any duty or obligation to\n\nany victim of an offense under the Code or other person for the\n\nbreach of which the State of Oklahoma or any of its officers or\n\nemployees could be held liable in damages.\n\nD. Enforcement by Military Court of Appeals.\n\n1. If the victim of an offense under the Code believes that a\n\npreliminary hearing ruling under Section 832 of this title (Article\n\n32) or a court-martial ruling violates the rights of the victim\n\nafforded by paragraph 4 of subsection A of this section, the victim\n\nmay petition the Military Court of Appeals for a writ of mandamus to\n\nrequire the preliminary hearing officer or the court-martial to\n\ncomply with the provisions of paragraph 4 of subsection A of this\n\nsection.\n\n2. If the victim of an offense under the Code is subject to an\n\norder to submit to a deposition, notwithstanding the availability of\n\nthe victim to testify at the court-martial trying the accused for\n\nthe offense, the victim may petition the Military Court of Appeals\n\nfor a writ of mandamus to quash such order.\n\n3. A petition for a writ of mandamus described in this\n\nsubsection shall be forwarded directly to the Military Court of\n\nAppeals, by such means as may be prescribed by regulations\n\npromulgated by the Adjutant General, and, to the extent practicable,\n\nshall have priority over all other proceedings before the court.\n\n4. Paragraph 1 of this subsection applies with respect to the\n\nprotections afforded by the following:\n\na. this section,\n\nb. Section 832 (Article 32) of the Code,\n\nc. Military Rule of Evidence 412, relating to the\n\nadmission of evidence regarding a victim's sexual\n\nbackground,\n\nd. Military Rule of Evidence 513, relating to the\nable,\n\nshall have priority over all other proceedings before the court.\n\n4. Paragraph 1 of this subsection applies with respect to the\n\nprotections afforded by the following:\n\na. this section,\n\nb. Section 832 (Article 32) of the Code,\n\nc. Military Rule of Evidence 412, relating to the\n\nadmission of evidence regarding a victim's sexual\n\nbackground,\n\nd. Military Rule of Evidence 513, relating to the\n\npsychotherapist-patient privilege,\n\ne. Military Rule of Evidence 514, relating to the victim\n\nadvocate-victim privilege, and\n\nf. Military Rule of Evidence 615, relating to the\n\nexclusion of witnesses.","path":["OK Code","Title 44"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os44.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"7834c07050e0938ef4065ea9fafccc22f5af96d883246ec810112c419229b31a","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-44-44-806a","next":"us-ok/okla.-stat.-tit.-44-44-807"},"notice":"GroundRules: Original legal text. Not legal advice."}