30 Victim Rights Law Center
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2. "Forcible sodomy" means the act of forcing another person to engage in the detestable and
abominable crime against nature pursuant to Sections 886 and 887 of Title 21 of the Oklahoma
Statutes that is punishable under Section 888 of Title 21 of the Oklahoma Statutes.
§22-40.3A. Reporting of rape, sodomy, or sexual assault incidents –Referral of victim to services
programs – Production of records to law enforcement officers.
A. Any physician, surgeon, resident, intern, physician assistant, registered nurse, or any other health
care professional examining, attending, or treating the victim of what appears to be or is reported
by the victim to be rape, rape by instrumentation or forcible sodomy, as defined in Section 1111,
1111.1 or 888 of Title 21 of the Oklahoma Statutes or any form of sexual assault, shall not be
required to report any incident of what appears to be or is reported to be such crimes if:
1. Committed upon a person who is over the age of eighteen (18) years; and
2. The person is not an incapacitated adult.
B. Any physician, surgeon, resident, intern, physician assistant, registered nurse, or any other health
care professional examining, attending, or treating a victim shall be required to report any
incident of what appears to be or is reported to be rape, rape by instrumentation, forcible sodomy
or any form of sexual assault, if requested to do so either orally or in writing by the victim and
shall be required to inform the victim of the victim's right to have a report made. A requested
report of any incident shall be promptly made orally or by telephone to the nearest law
enforcement agency in the county wherein the sexual assault occurred or, if the location where
the sexual assault occurred is unknown, the report shall be made to the law enforcement agency
nearest to the location where the injury is treated.
C. In all cases of what appears to be or is reported to be rape, rape by instrumentation, forcible
sodomy or any form of sexual assault, the physician, surgeon, resident, intern, physician assistant,
registered nurse, or any other health care professional examining, attending, or treating the victim
of what appears to be such crimes, shall clearly and legibly document the incident and injuries
observed and reported, as well as any treatment provided or prescribed.
D. In all cases of what appears to be or is reported to be rape, rape by instrumentation, forcible
sodomy or any form of sexual assault, the physician, surgeon, resident, intern, physician assistant,
registered nurse, or any other health care professional examining, attending, or treating the victim
of what appears to be rape, rape by instrumentation, forcible sodomy or any form of sexual
assault, shall refer the victim to sexual assault and victim services programs, including providing
the victim with twenty-four-hour statewide telephone communication service established by
Section 18p-5 of Title 74 of the Oklahoma Statutes.
E. Every physician, surgeon, resident, intern, physician assistant, registered nurse, or any other
health care professional making a report of rape, rape by instrumentation, forcible sodomy or any
form of sexual assault pursuant to this section or examining such victims to determine the
likelihood of such crimes, and every hospital or related institution in which the victims were
examined or treated shall, upon the request of a law enforcement officer conducting a criminal
investigation into the case, provide to the officer copies of the results of the examination or copies
of the examination on which the report was based, and any other clinical notes, X-rays,
photographs, and other previous or current records relevant to the case.