Law garden / Oklahoma
If you're Jane Doe in Oklahoma
What Oklahoma's crime victim compensation law says, in plain words. Each line links to the exact sentence it comes from.
Oklahoma Crime Victims Compensation, run by Oklahoma District Attorneys Council, Victim Services Division, Crime Victims Compensation Board.
Show the law for this line: Oklahoma Crime Victims Compensation home page
Oklahoma Crime Victims Compensation home pageOK-S1
The program's own page, saved by Tend.
- $25,000the most you can ask for in total21 O.S. 142.13(B)
- 30 monthsto apply, from the date it happened21 O.S. 142.10(A)(1)
- Exam can countin place of a police report21 O.S. 142.10(A)(4)
- $0what a forensic exam should cost you21 O.S. 142A-3(C)(4)
What the program can pay for
The most the program can pay for all costs together is $25,000.
Show the law for this line: 21 O.S. 142.13(B)
21 O.S. 142.13(B)OK-CAP-1
Total compensation for one victim is capped at $25,000. After that, the Board may add up to $25,000 more only for the victim's lost wages or a dependent's loss of support.
Compensation payable to a victim and to all other claimants sustaining economic loss because of injury to or death of that victim may not exceed Twenty-five Thousand Dollars ($25,000.00) in the aggregate. The Board may, after approval of an initial award of Twenty-five Thousand Dollars ($25,000.00), grant an additional sum not to exceed Twenty-five Thousand Dollars ($25,000.00), specifically for loss of wages for the victim or loss of support for dependents of a deceased victim, provided there is verifiable economic loss after deducting payments from other sources.
Medical care
Show the law for this line: 21 O.S. 142.9(F)and 2 more
21 O.S. 142.9(F)OK-COV-1
Medical services are covered at up to 80% of the cost of the service.
Awards for all medical services shall not exceed eighty percent (80%) of the total cost of the service less any other reduction for contributory conduct, as determined by the Board.
21 O.S. 142.9(F)OK-COV-1B
A medical, dental, or psychological provider that accepts the program's payment must treat it as payment in full and cannot bill the claimant for the rest of those services.
Any medical provider that receives payment from the Crime Victims Compensation Revolving Fund for medical, dental or psychological services, or any provider that supplies equipment pursuant to an award under the Oklahoma Crime Victims Compensation Act shall, as a condition of the receipt of such payment, accept such payment as discharging in full any and all obligations of the claimant to pay, reimburse or compensate the provider
21 O.S. 142.9(F)OK-COV-2
If the survivor already paid a medical bill, the program reimburses the out-of-pocket amount, less any conduct reduction.
In the event the claimant has paid for a medical service, the claimant will be reimbursed for the out-of-pocket loss, less any reductions for contributory conduct, as determined by the Board.
Counseling
- Outpatient counseling for the victim is capped at $3,000 in total. The same subsection lets the Board waive this limit in extreme cases.
Show the law for this line: 21 O.S. 142.13(H)and 1 more
21 O.S. 142.13(H)OK-COV-4
Outpatient counseling is covered when it focuses on the crime and the counselor is a qualified mental health provider.
Outpatient counseling expenses for a victim of criminally injurious conduct may be considered by the Board provided the counseling is focused on the crime and the counselor is a qualified mental health care provider.
21 O.S. 142.13(H)OK-CAP-2
A total not to exceed Three Thousand Dollars ($3,000.00) may be awarded for individual counseling sessions for victims of criminally injurious conduct.
Prescriptions
- The exam fund pays at most $100 for medications related to the sexual assault that the health care professional directs.
Show the law for this line: 21 O.S. 142.20(D)(2)
21 O.S. 142.20(D)(2)OK-EXAM-5
One Hundred Dollars ($100.00) for medications which are related to the sexual assault and directed and deemed necessary by the health care professional
Dental care
Show the law for this line: OCVC home page, eligible expenses
OCVC home page, eligible expensesOK-COV-6
The program lists dental care and prescriptions among covered expenses.
Medical, dental, and prescriptions
Read this sentence on okvictimscomp.com (opens in a new tab)
Travel
Show the law for this line: OCVC home page, eligible expenses
OCVC home page, eligible expensesOK-COV-5
The program lists mileage to the victim's medical, dental, and counseling appointments as a covered expense.
Mileage reimbursement for medical, dental, and counseling appointments for the victim
Read this sentence on okvictimscomp.com (opens in a new tab)
Lost pay
Show the law for this line: 21 O.S. 142.13(A)
21 O.S. 142.13(A)OK-COV-3
The Board may pay for the victim's lost income from work (work loss).
The Crime Victims Compensation Board may compensate for work loss, replacement services loss, dependent
Crime scene cleanup
- Crime scene cleanup is capped at $2,000.
Show the law for this line: 21 O.S. 142.13(J)
21 O.S. 142.13(J)OK-CAP-6
Reasonable costs associated with crime scene cleanup shall not exceed Two Thousand Dollars ($2,000.00).
Funeral costs
- Funeral, cremation, or burial expenses are capped at $7,500.
Show the law for this line: 21 O.S. 142.13(I)
21 O.S. 142.13(I)OK-CAP-5
Reasonable funeral, cremation or burial expenses shall not exceed Seven Thousand Five Hundred Dollars ($7,500.00).
What it does not pay for
Personal property (for example a damaged or stolen phone) and pain and suffering are not reimbursed.
Show the law for this line: OCVC Fund Eligibility page
OCVC Fund Eligibility pageOK-EXCL-1
Pain and suffering and personal property are NOT allowable expenses under the Crime Victims Compensation Act
Read this sentence on okvictimscomp.com (opens in a new tab)
The forensic exam
You should not get a bill for a sexual assault forensic exam.
Show the law for this line: 21 O.S. 142A-3(C)(4)and 1 more
21 O.S. 142A-3(C)(4)OK-EXAM-1
Oklahoma law lists a free forensic medical examination among the rights of a sexual assault victim.
The right to a free forensic medical examination
Okla. Admin. Code 185:15-1-6(a)-(b)OK-EXAM-2
The exam fund pays whether or not the survivor has health insurance, and the survivor does not have to give insurance or employment information or file with a private insurer.
The payment of a sexual assault examination will be made, regardless of whether the victim is medically insured. (b) In order to provide anonymity to the sexual assault victim and maintain confidentiality, any victim who has obtained a forensic sexual assault examination, will not be required to provide information to the Board relative to employment or insurance; and, shall not be required to file a claim with any private insurance company for the payment of a forensic sexual assault examination.
The provider can bill your insurance for it only if you agree.
Show the law for this line: Okla. Admin. Code 185:15-1-6(a)-(b)
Okla. Admin. Code 185:15-1-6(a)-(b)OK-EXAM-2
The exam fund pays whether or not the survivor has health insurance, and the survivor does not have to give insurance or employment information or file with a private insurer.
The payment of a sexual assault examination will be made, regardless of whether the victim is medically insured. (b) In order to provide anonymity to the sexual assault victim and maintain confidentiality, any victim who has obtained a forensic sexual assault examination, will not be required to provide information to the Board relative to employment or insurance; and, shall not be required to file a claim with any private insurance company for the payment of a forensic sexual assault examination.
The Crime Victims Compensation Board pays for the sexual assault forensic exam and related medications out of the Sexual Assault Examination Fund.
Show the law for this line: 21 O.S. 142.20(C)
21 O.S. 142.20(C)OK-EXAM-3
The Crime Victims Compensation Board is authorized to pay for this examination and the medications directed by the qualified licensed health care professional upon application submitted by the victim of a sexual assault.
For sexual assaults on or after November 1, 2023, up to $800 can be paid straight to the exam providers for exam and facility fees.
Show the law for this line: DAC Sexual Assault Examination Fund page
DAC Sexual Assault Examination Fund pageOK-EXAM-6
For sexual assaults occurring on or after November 1, 2023, the law allows payment of up to $800 which may be paid directly to the service provider(s) for expenses incurred for the forensic examination (such as an examination fee or a facility fee).
Only charges directly tied to the forensic exam are paid, and when the examiner fee and the facility fee together exceed $800 the fund splits the $800 between the providers by percentage.
Show the law for this line: DAC Sexual Assault Examination Fund page
DAC Sexual Assault Examination Fund pageOK-EXAM-8
Any charges not directly related to the forensic exam are not compensable. In cases where there is both an examiner fee and a facility fee exceeding $800, we prorate, allowing a percentage to each provider.
Police report
The program asks for a police report. The rules below say when other records can count instead, like a forensic exam.
Show the law for this line: 21 O.S. 142.10(A)(4)and 1 more
21 O.S. 142.10(A)(4)OK-RPT-1
The crime must be reported to police within 72 hours, but a sexual assault survivor can instead meet this by having a forensic medical exam within 120 hours, and the Board can excuse either for good cause.
such conduct was reported to a law enforcement officer within seventy-two (72) hours after its occurrence, b. in the case of sexual assault, the victim undergoes a forensic medical examination within one hundred twenty (120) hours after its occurrence, or c. the Board finds there was good cause for the failure to report the crime or obtain a forensic medical examination within the time specified in subparagraph a or b of this paragraph.
21 O.S. 142.10(C)OK-RPT-2
A sexual assault survivor who has a forensic medical exam within 120 hours is treated as having fully cooperated with law enforcement. This is the cooperation rule; the report rule itself is OK-RPT-1.
Victims of sexual assault who undergo a forensic medical examination within one hundred twenty (120) hours after the sexual assault shall be found to have fully cooperated.
The crime must be reported to police within 72 hours, but a sexual assault survivor can instead meet this by having a forensic medical exam within 120 hours, and the Board can excuse either for good cause.
Show the law for this line: 21 O.S. 142.10(A)(4)
21 O.S. 142.10(A)(4)OK-RPT-1
such conduct was reported to a law enforcement officer within seventy-two (72) hours after its occurrence, b. in the case of sexual assault, the victim undergoes a forensic medical examination within one hundred twenty (120) hours after its occurrence, or c. the Board finds there was good cause for the failure to report the crime or obtain a forensic medical examination within the time specified in subparagraph a or b of this paragraph.
A sexual assault survivor who has a forensic medical exam within 120 hours is treated as having fully cooperated with law enforcement. This is the cooperation rule; the report rule itself is OK-RPT-1.
Show the law for this line: 21 O.S. 142.10(C)
21 O.S. 142.10(C)OK-RPT-2
Victims of sexual assault who undergo a forensic medical examination within one hundred twenty (120) hours after the sexual assault shall be found to have fully cooperated.
Deadline to apply
Apply within 30 months of the date it happened.
Show the law for this line: 21 O.S. 142.10(A)(1)
21 O.S. 142.10(A)(1)OK-DEAD-1
A claim must be filed within 30 months after the injury. The sexual assault and good-cause extensions are in the next rule.
Unless the claim has been filed with the Crime Victims Compensation Board within thirty (30) months after the injury or death upon which the claim is based.
For an adult (18 or older) sexual assault, the Board may measure timeliness from the date the evidence kit was tested, and it may extend the filing period for good cause or in any sexual assault case.
Show the law for this line: 21 O.S. 142.10(A)(1)
21 O.S. 142.10(A)(1)OK-DEAD-2
In cases involving sexual assault of an adult eighteen (18) years of age or older, the Board may use the date the sexual assault forensic evidence kit was tested when establishing whether the claim was timely filed. The Board may, at its discretion, extend the filing period beyond one (1) year upon a showing of good cause or in all cases of sexual assault
Keeping your name and address private
Oklahoma's Address Confidentiality Program, run by the Office of the Attorney General, gives victims of domestic violence, sexual assault, stalking, human trafficking, and child abduction who have moved somewhere unknown to their abuser a substitute address to use with state and local agencies, plus free mail forwarding. Applicants apply in person through a designated victim assistance program with an ACP-trained application assistant.
Show the law for this line: OAG ACP page, program description
OAG ACP page, program descriptionOK-ACP-1
The ACP aids in protecting the physical address of victims of domestic violence, sexual assault, stalking, human trafficking, and child abduction from disclosure. ACP contributes to the safety of victims by denying abusers the opportunity to use public records to violate the rights of others. Victims who have moved to a new location unknown to their abuser are provided with a substitute address when interacting with state and local agencies.
All records and information given to the Crime Victims Compensation Board to process a claim are confidential and generally cannot be obtained through discovery in a civil or criminal case, with narrow exceptions for an appeal of a Board decision or a strict showing to a court.
Show the law for this line: 21 O.S. 142.9(G)
21 O.S. 142.9(G)OK-RECCONF-1
All records and information given to the Board to process a claim on behalf of a crime victim shall be confidential.
How to apply
Online https://ocvcapp.okvictimscomp.com
Show the law for this line: VCP Online Access home page, How to Apply
VCP Online Access home page, How to ApplyOK-SUBMIT-1
Apply online through the OCVC online application portal.
Use our online application to apply for compensation benefits.
Read this sentence on ocvcapp.okvictimscomp.com (opens in a new tab)
Email victimsservices@dac.state.ok.us
Show the law for this line: Official Claim Form (Revised June 2019), instructions header
Official Claim Form (Revised June 2019), instructions headerOK-SUBMIT-4
The claim form says it can be emailed once printed and signed; the program email is victimsservices@dac.state.ok.us.
Website: www.okvictimscomp.com E-mail: victimsservices@dac.state.ok.us
Mail 421 N.W. 13TH STREET, SUITE 290, OKLAHOMA CITY, OKLAHOMA 73103
Show the law for this line: Official Claim Form (Revised June 2019), page 1 header
Official Claim Form (Revised June 2019), page 1 headerOK-SUBMIT-2
Mail the printed and signed claim form to the Crime Victims Compensation Board at 421 N.W. 13th Street, Suite 290, Oklahoma City.
Please Return to: 421 N.W. 13TH STREET, SUITE 290 • OKLAHOMA CITY, OKLAHOMA 73103
Fax 405/264-5097
Show the law for this line: Official Claim Form (Revised June 2019), page 1 header
Official Claim Form (Revised June 2019), page 1 headerOK-SUBMIT-3
Fax the printed and signed claim form to 405/264-5097.
405/264-5006 or 800/745-6098 • Fax: 405/264-5097
Phone 800-745-6098
Show the law for this line: Oklahoma Crime Victims Compensation home page
Oklahoma Crime Victims Compensation home pageOK-S1
The program's own page, saved by Tend.
If you need money soon
If the claimant would face financial hardship otherwise, the Board can pay an advance that comes out of the final award.
Show the law for this line: 21 O.S. 142.14
21 O.S. 142.14OK-EMER-1
If the Board determines that the claimant will suffer financial hardship unless an advance award is made, an amount may be paid to the claimant and shall be deducted from the final award
Good to know before you apply
The crime must have happened in Oklahoma, or be against an Oklahoma resident in a state without an eligible compensation program.
Show the law for this line: 21 O.S. 142.3(5)(a)
21 O.S. 142.3(5)(a)OK-RES-1
a misdemeanor or felony which occurs or is attempted in this state, or against a resident of this state in a state that does not have an eligible crime victims compensation program
Awards are reduced by anything insurance or other collateral sources pay for the same loss.
Show the law for this line: 21 O.S. 142.10(B)(1)
21 O.S. 142.10(B)(1)OK-COLL-1
Compensation otherwise payable to a claimant shall be diminished to the extent: 1. That the economic loss is recouped from collateral sources
For the exam fund, Medicaid or another federally funded program counts as a collateral source, so the fund pays only after that program denies the exam.
Show the law for this line: Okla. Admin. Code 185:15-1-6(d)
Okla. Admin. Code 185:15-1-6(d)OK-EXAM-7
For sexual assault exams performed on adults and children, Medicaid or any other federally funded program is considered a collateral source and payment will not be made unless the denial of benefits is provided.
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If you're Jane Doe in Oklahoma: you can ask for up to $25,000, and a forensic exam can count instead of a police report.
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