When a person (known as a petitioner) seeks post-conviction relief based on new evidence, a change in the law or sentencing guidelines or other reason allowed in Oregon, victims of the offense for which the petitioner was convicted have the right to be notified by the Oregon Department of Justice (DOJ), if they can be located.
They have other rights under the law that it’s important for petitioners to be aware of if they are granted post-conviction relief. It can be jarring for both the petitioner and the victim(s) to see each other again.
In addition to their right to be notified about post-conviction relief proceedings, victims have a right to attend any public hearings and to have access to any public documents related to the post-conviction relief. They also have the right to have their availability considered if they choose to attend any part of the proceedings and to be “reasonably protected” from the petitioner during the proceedings.
When can a victim be ordered to testify?
Petitioners can seek a court order requiring a victim to testify in a deposition, hearing or any other part of the proceedings. They also have the right to testify without a court order if they choose to.
Under Oregon law, a court can order a victim to testify if their testimony meets all of these requirements:
- It’s “material to the post-conviction relief proceeding.”
- It would be “favorable to the petitioner.”
- It “was not introduced at trial.”
This scenario would be most likely if new evidence were discovered that relates to the victim in the case. There may be evidence that calls into question their previous testimony or other account of the crime. In some cases, victims come forward to say that they made a mistake or even lied during the original case. They may not in reality have even been the victim of a criminal act by the petitioner or anyone else.
What’s important for petitioners to know is that anyone considered a victim of the crime they were convicted of committing has rights when it comes to being informed about a post-conviction relief proceeding and to participate in it if they choose to. They also may be ordered to participate for the reasons noted above. Having sound legal guidance can help those considering petitioning for post-conviction relief better understand and protect their own rights under Oregon law.