Concerns raised over Tulsa DA’s Survivors’ Act plea deal requirement
(TULSA, Okla.) It’s been less than a month since the Oklahoma Survivors’ Act went into effect and there is already some controversy surrounding a new Tulsa County form relating to it.
The form, which is titled “Acknowledgement of Rights Under the Oklahoma Survivors’ Act”, has a portion that states the following: “As a consequence of said negotiated plea deal, I am affirmatively stating that Oklahoma Survivors’ Act and any of its benefits do not apply to me. I am waiving my ability to raise a claim under the Oklahoma Survivors’ Act both now at the time of plea.”
The Oklahoma Survivor Justice Coalition, the driving force behind the Act’s passage, condemned the form.
Jan Peery, the CEO for YWCA-OKC and part of the coalition, has stated that the form undermines the rights of survivors.
“No domestic abuse survivor should be coerced into sacrificing their rights for the sake of a plea agreement,” Peery said. “Our legal system must uphold and honor the Survivor’s Act process, ensuring that survivors are treated with the dignity and respect they deserve. We cannot understate just how appalling it is to see the Tulsa District Attorney actively working to undermine the rights of domestic abuse survivors."
VNN Oklahoma reached out to the Tulsa County District Attorney’s Office and they told us that the information surrounding this form is “misinformation.”
An updated statement from Stephen Kunzweiler the Tulsa County District Attorney says that the form is designed to protect survivors who qualify for sentencing under the OK Survivors’ Act guidelines:
“The acknowledgment form actually is designed to bring to the forefront whether a person has a history of domestic survivorship, and should be treated with that in mind. We are trying to protect the integrity of the Act. A victim ought to have a lower range of punishment if their crime was influenced by their previous victimization. Making victims aware of their rights – even if they are presently charged with a crime – is the right thing to do. For true victims, this is not a waiver of rights. Further, it does protect against abuses by people who are not true victims.”
Kunzweiler also said people charged with crimes who are eligible for lower sentences under the Survivors’ Act will have that factored into their sentencing.
Additionally, Kunzweiler told VNN, “This acknowledgement on the record is not unusual whenever there is a change in the criminal law. For instance, when sex offender and violent offender registries were enacted, criminal defendants needed to acknowledge how those laws would impact them.”
Survivors who are currently incarcerated for crimes related to their abuse began to file motions for resentencing last month after the Survivors’ Act took effect.
Attorney’s for April Wilkens, a survivor who has been incarcerated for more than two decades, filed the first application for resentencing.
VNN Oklahoma will continue to follow developments related to the OK Survivors’ Act.
