QUESTION
If I am a victim in a criminal case, may I contact the defendant and/or his defense attorney?
Asked on Jul 21st, 2015 on Criminal Law - Oklahoma
More details to this question:
My ex-fiance came to my house to talk and the situation grew bad. During the time he was there, we did have sexual relations and I was up-front about this when asked by the sheriff's office when I initially gave my report of the other things that happened that night. He has been charged with Assault with a Deadly Weapon, Kidnapping and Rape in the First Degree. When I saw on the news and in my local paper (very small town) his photo and it was all about a "Rapist" being captured - I was devastated and then grew angry. He did things he should not have done and should be punished for - but he is NOT a rapist. The sexual relations was consensual that night and I have adamantly told the D.A. this, as well as a Victim's Advocate I have spoken with several times. Both of their stance is he is a rapist and the D.A. will continue with that charge. I have several questions - being the victim and not having an attorney, can I contact his attorney to let him know that my stance is there was no rape. If I was his defense attorney, I would definitely want to ask me the correct questions and know where I stand with that. I wouldn't think to do that, however with the D.A. and even "my" Victim's Advocate totally disregarding me, I really would like his attorney to be aware of my stance. Also: if the D.A. continues in prosecuting for things I did not report, I feel it is violating me as a victim and flat out wrong. Do I HAVE to testify against the defendant if I feel like the goal of the D.A. is to take my situation and exaggerate, add things that did not happen? Can I refuse to testify for those reasons? One other question - given the situation, I do not want a relationship with my ex-fiance; however I would like to write him a letter and want him to hear from me that rape is NOT something I want to be a part of. There is a no contact order on him; but does that pertain to me? Can I write him (even though he will not be able to write me back)? Thank you for any advice.
2 ANSWERS
You are a witness. You can speak to defense counsel, or not, as you elect Unless you have been ordered not to by the court, you can speak to the media, though they may eat you alive if you do. Do not contact the defendant directly. You may not be prohibited, but it puts him in a dangerous spot due to his no contact order.
Answered on Jul 23rd, 2015 at 12:14 AM
Administrative Law Attorney serving Edmond, OK
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Thank you for being honest with the police and DA. Yes, you can contact the defendant's attorney with your information and I highly recommend that you do so as soon as possible. The DA should disclose this exculpatory evidence to the defense but sometimes that does not happen. You are not prohibited from writing to the defendant, only he to you, however, it would be safer for him if you just contact the defense attorney as soon as possible. You do not have to testify against the defendant if you do not want to. The DA could threaten you with jail but he cannot and should not do that. You may want to hire an attorney for yourself to help you through this mess. The State, thru the DA, sometimes forgets that victims have rights and choices in their zeal to prosecute crimes.
Answered on Jul 22nd, 2015 at 6:03 PM