Activist ‘ecstatic’ over new definition of ‘victim’

Danielle Tudor worekd with prosecutors and parole board

Danielle Tudor worked to change laws about how victims of crimes are defined, Sept. 7, 2015 (KOIN)
Danielle Tudor worked to change laws about how victims of crimes are defined, Sept. 7, 2015 (KOIN)

PORTLAND, Ore. (KOIN) — Danielle Tudor’s police sketch led to the arrest of Richard Gillmore — the Jogger Rapist — but 7 years after she was attacked.

When Gillmore came up for parole in 2012, the parole board said Tudor could not testify because she wasn’t an “official” victim, even though she had testified at his prior hearing.

With the help of the National Crime Victims Law Institute at Lewis & Clark College, Tudor filed suit. The parole board changed its mind, allowed her to testify and keep Gillmore locked up.

Since then, she’s worked with prosecutors and the parole board to write new rules that now define victims like her as official victims, with full rights to testify.

Danielle Tudor worked to change laws about how victims of crimes are defined, Sept. 7, 2015 (KOIN)
Danielle Tudor worked to change laws about how victims of crimes are defined, Sept. 7, 2015 (KOIN)

She worked with the Oregon legislature to change the statute of limitations for rape in cases where there is no DNA evidence from 6 years to 12 years. She thinks it should be 20 years and is still trying to get that changed.

As for this law change, she was unequivocal.

“I’m ecstatic,” she told KOIN 6 News. “Here we are, 3 years later, and we finally have it right.”

Here is the new rule, formally adopted as an Oregon Administrative Rule by Board vote on July 27, effective July 28, 2015:

OAR 255-005-0005(59) “Victim”:
(a) Any person determined by the prosecuting attorney, the court or the Board to have suffered direct financial, psychological, or physical harm as a result of a crime that is the subject of a proceeding conducted by the State Board of Parole and Post-Prison Supervision.

(b) Any person determined by the Board to have suffered direct financial, social, psychological, or physical harm as a result of some other crime connected to the crime that is the subject of a proceeding conducted by the State Board of Parole and Post-Prison Supervision. The term “some other crime connected to the crime that is the subject of the proceeding” includes: other crime(s) connected through plea negotiations, or admitted at trial to prove an element of the offense. The Board may request information from the District Attorney of the committing jurisdiction to provide substantiation for such a determination.

(c) Any person determined by the Board to have suffered direct financial, social, psychological, or physical harm as a result of some other crime connected to the sentence for which the offender seeks release that is the subject of a proceeding conducted by the State Board of Parole and Post-Prison Supervision. The term “connected to the sentence for which the offender seeks release” includes other crime(s) which were used as a basis for: a departure sentence, a merged conviction, a concurrent or a consecutive sentence, an upper end grid block sentence, a dangerous offender sentence, a sentence following conviction for murder or aggravated murder. The Board may request information from the District Attorney of the committing jurisdiction to provide substantiation for such a determination.

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