True. But that does not change anything regarding the rape. Her sex life outside of the night Kobe supposedly raped her has no bearing on the case. The attitude implied when you say "if I was Kobe I'd be pissed if they don't do it" is that you gotta do what you gotta do to win. This is not a game. If he raped her, he should GO TO JAIL. Period. Someone else's semen and/or blood does not clear Kobe of rape. It just means she had sex with someone else previous to him.
Well since most of the prosecution case is based on "physical evidence" of her being hurt (mostly vaginal tearing), an evidence that proves A) that even consentual sex will cause it for her (she wore a pair with some elses semen and her blood, so it can be deducted she bleeds even from consentual sex) and/or that B) she engaged in act that might make her more vulnerable to vaginal tearing (the pair we are talking about has been said to be 2 days b4 the kobe incident) It really beats the physical evidence of the DA and pushes it into a he said she said argument. In that case, it's really anybody's game.
Wiz, I agree, it will be very hard to prove beyond a reasonable doubt. He said, she said, just doesn't cut it. DD
Key points & what's next in the Bryant case (Denver Post) Thursday, October 16, 2003 - The two-day preliminary hearing in the Kobe Bryant sex-assault case allowed both the prosecution and the defense to lay out what they see as the key information about Bryant, his accuser and what allegedly happened the night of June 30. Prosecution points The woman's testimony. The 19-year-old told investigators that she was grabbed by the throat and forced over a chair, where Bryant lifted her skirt, pulled down her panties and sexually assaulted her. Sexual-assault exams. Both the woman and Bryant submitted to exams and turned clothing over to investigators. Although Bryant claims the sexual encounter was consensual, she suffered injuries to her vaginal area that officials say resulted from nonconsensual sex. Additionally, her blood was found inside her panties and on the inside front of his T-shirt. Bryant's comments. Kept secret during the preliminary hearing, a conversation with Bryant that was surreptitiously recorded by investigators that legal experts presume includes his initial denial of a sexual encounter. It may at some point be ruled admissible in court. Other witnesses. Prosecutors want to present at least one "outcry" witness who will attest to the woman's demeanor before and after the incident, and have lined up a slate of experts to discuss injuries she did or did not receive. Defense points The woman's testimony. According to a sheriff's detective, the woman admitted to flirting with Bryant, going to his room with the expectation that he would "put a move" on her, and participating in consensual hugging and kissing. Also, she initially did not recall telling Bryant "no" and said he stopped the alleged attack when she resisted. Sexual-assault exams. Although the panties that the woman was wearing at the time of the incident and the inside front of Bryant's shirt carried her blood on them, a different pair of panties she wore the next day contained semen and pubic hair from another man, and defense attorneys want to show that her injuries could have been caused by sex with someone else. Bryant's comments. If the case goes to trial, Bryant has the right to take the stand and explain his side of the story. As a high-profile and very popular athlete, he is likely to command a certain amount of respect and admiration. Other witnesses. A night auditor at the hotel wrote to investigators that the woman returned from Bryant's room after only 10 minutes and did not indicate there was any trouble. She finished her work for the shift as normal. WHAT'S NEXT If Judge Frederick Gannett decides to bind over the Bryant case for trial in district court, the next step in the case will be an arraignment, at which Bryant will enter a plea and a trial date will be set. If the case is not bound over, prosecutors have 10 days to get the approval of a judge to file the case directly in district court. Such a move is rare following a preliminary hearing where not enough evidence was found to bind over a case.
I agree with you guys too. I mean, I don't think they'll get beyond a resenable doubt.... But I think its irresonsible to treat the case like some fans do, as another game. This is serious. I get the feeling that a lot of fans have forgotten that. And I don't think the sex was consensual, its just my gut feeling.
Additionally, her blood was found inside her panties and on the inside front of his T-shirt. How in the world can her blood goes to the inside front of Kobe's T-shirt, yet she has no scratch? From vaginal tear?
Don't forget, it could also just be all pre-trial spin. #Auditor wittness---he needs to be cross examed in the trial: How far was he from the girl? Does he have something going against the girl? How does he draw the conclusion of "normal mood"? Lots of questions to be asked. #send pair of panty and other sexual partner. Defense need to have that person testify that: A) when did they have sex. B) Their sex was rough enough that likely caused vaginal tear. # Lack to detail (said "no") in the initial police report. It is not uncommon that victims of sex crime do not offer "evidently importment" details in the first interview because of the mental shock. I'm not saying Kobe is guilty or not, but the case has a long way to go.
It really does depend, doesn't it? There's very little relevance in a woman being promiscuous. It really doesn't affect the probability of consent all that much. However, what if she enjoys rough sex? That's extremely probative in explaining the bruising and bleeding. What if she's cried rape before? The reverse is admissible against the defendant (if he's been indicted, but not convicted, of rape before). The odds of a woman being raped once aren't actually that bad. But what are the odds of a woman being raped, say, 5 times? Not so good. Very probative. What if her sexual history betrays a history of consent is substantially similar circumstances? What makes this event unique, in her refusal, as opposed to substantially similar events in which she did consent? That's very relevant and probative. Rape shield laws are meant to swing the pendelum in relevance more in favor of the victim. Generally, there's a presumption of admissibility in evidence. Rape shield laws reverse that presumption, and present absolute bars in some cases. However, there are exemptions... without knowing the specific CO exceptions, I can't go into too much detail. IMO, most rape shield laws are very poorly written. I think (and I think the general tendency goes towards) putting a rebuttable presumption in favor of not admitting the evidence, then letting both sides arguing it out in a hearing under a standard 403 challenge, just with the burdens changed.
http://www.thesmokinggun.com/archive/kobecause1.html OCTOBER 20--A Colorado judge ruled today that Kobe Bryant will be required to stand trial for allegedly sexually assaulting a teenage woman at an Edwards hotel room in June. The nine-page decision by Eagle County District Court Judge Frederick Gannett, which you'll find below, came following two days of graphic courtroom testimony. In his ruling, Gannett noted "the Court finds that the evidence, taken in a light most favorable to the prosecution, is sufficient to 'to induce a reasonable belief' that defendant committed sexual assault as charged." (9 pages)
that's actually very helpful in my understanding of these things...i'm not familiar with rape shield laws really, past the bits and pieces i learned about them in crim law.
Oct. 20, 2003, 5:22PM Judge orders Kobe Bryant to stand trial Associated Press EAGLE, Colo. -- NBA star Kobe Bryant must stand trial on a charge of raping a 19-year-old resort worker, a judge ruled today, clearing the way for a celebrity trial the likes of which hasn't been seen since O.J. Simpson. Eagle County Judge Frederick Gannett said prosecutors presented enough evidence Bryant might have committed the crime June 30. The Los Angeles Lakers guard could face a life sentence if convicted. His next appearance, in district court, is set for Nov. 10. Bryant, 25, has said the sex was consensual. His attorneys suggested the woman's injuries came during sex with other men in the days before her encounter with Bryant at a posh resort in nearby Edwards. Prosecutors tried to portray Bryant as an arrogant athlete who held the woman down and raped her, concerned only that she might talk about the encounter. Bryant worked out with the Lakers' younger players on Saturday in El Segundo, Calif., but didn't play in an exhibition game against the Cleveland Cavaliers on Sunday night. http://www.chron.com/cs/CDA/ssistory.mpl/nation/2168721
