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Oklahoma prosecutor accused of violating rights of abuse victims • Oklahoma Voice

OKLAHOMA CITY – A Tulsa prosecutor is accused of forcing domestic violence victims accused of a crime to give up their rights if they wanted to reach a plea deal.

A recently passed law, Senate Act 1835known as the Oklahoma Survivors' Act, allows victims of domestic violence to have their sentences reduced if they can prove that the abuse contributed to the crime.

Lawyers who support victims' rights say Tulsa County District Attorney Stephen Kunzweiler is requiring victims to waive those rights when they enter into a settlement agreement.

“The idea that Tulsa District Attorney Kunzweiler would pressure victims of domestic violence to give up their rights under this new law is appalling,” said Colleen McCarty, co-founder of the Oklahoma Survivor Justice Coalition and executive director of the Oklahoma Appleseed Center for Law and Justice. “Victims of domestic violence deserve comprehensive protection and support as they navigate the legal system – not pressure from the District Attorney that forces them to give up their rights. We strongly urge the District Attorney to stop this practice.”

McCarty represents April Rose Wilkenswho is asking a Tulsa County District Court to release them 26 years later after the new law was passed.

Wilkens was found guilty of entering the home of her former fiancé Terry Carlton, a car dealer, in 1998 and shooting him eight times.

She said she was raped and attacked.

She was sentenced to life imprisonment with the possibility of parole.

Kunzweiler's office said on Wednesday that he was not available for comment.

His office issued a statement saying that significant amounts of misinformation had been disseminated to the media about the disposition of criminal cases handled by his office.

“Our office intends to record whether someone is punishable under the law at the time of sentencing,” the statement said. “If a defendant is punishable, the law will be taken into account in determining the sentence and the confession. If a defendant is not punishable, confirmation of that fact should be submitted at the time of confession.”

The office will protect the rights of victims in every setting while promoting reasonable solutions to improve the efficiency of the process, the statement said.

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