Tribe: The Osage Nation
§ 5-503. Victim’s rights – Generally.
A. Victims of crime shall have the following rights:
1.
2.
To be treated with fairness and respect for the victim’s safety, dignity, and privacy;
Upon request and whenever possible, to reasonable and timely notice of and to be present at all
proceedings involving the criminal or delinquent conduct;
3.
To refuse an interview or other request made by the accused or any person acting on behalf of the
accused other than a refusal to appear if subpoenaed by defense counsel;
4.
5.
6.
Upon request and whenever possible, to complete and timely restitution;
To have proceedings free from unreasonable delay and a prompt conclusion of the case;
The right to be reasonably heard at any public proceeding in the Osage Nation Trial Court involving
release, plea, sentencing, or parole proceedings;
7.
The right not to be excluded from any such public Court proceeding unless the Court, after receiving
clear and convincing evidence, determines that testimony by the victim would be materially altered if the
victim heard other testimony at that proceeding;
8.
9.
The right to be reasonably protected from the accused;
Upon request, to confer with the attorney for the Osage Nation; and
10. To be informed of all rights enumerated in this section.
B. The victim, or the Osage Nation Attorney General’s Office, may assert the rights enumerated in this section
and any other right afforded to the victim by law. The Court shall act promptly on such a request. C. This section shall not be construed as a waiver of the Osage Nation’s sovereign immunity, nor shall it create
any cause of action for compensation or damages against the Osage Nation, any officer, employee, or agent of the
Osage Nation, or any officer or employee of the Court. ONCA 24-47, eff. Apr. 19, 2024. […] § 5-504. Rights afforded to victim.
A. In any Court proceeding involving an offense against a crime victim, the Court shall ensure that the crime
victim is afforded the rights described in this subchapter. A person accused of the crime may not obtain any form
of relief under this subchapter.
B. Before making a determination described in Section
5-503(A)(7), the Court shall make every effort to permit
the fullest attendance possible by the victim and consider reasonable alternatives to excluding the victim from the
criminal proceeding.
C. The reasons for any decision denying relief under this subchapter shall be clearly stated on the record. ONCA
24-47, eff. Apr. 19, 2024.