Well, what women will find sympathy with a man who just fucked around on his wife a couple of months after the birth of their first child? In my opinion (again! not saying this is right or wrong) Kobe WILL receive some punishment in the case. Whether that’s just a slap on the wrist for being your typical sports hero whoremonger, or something a little more severe - that’s up to the jury.
I was discussing this case with a female family member, as it happens, and she shocked me by saying that she didn’t think Mr. Bryant was guilty of rape. (She is a senior citizen, and had no idea who Bryant was before this event; she couldn’t name a pro basketball team, much less a player.) I asked her why she thought this, and she said that any woman who goes to a married man’s hotel room knows what she’s there for. I asked her if this meant the woman couldn’t change her mind; she wasn’t convinced.
Sorry - but I don’t agree that “any woman” is an acquittal at all. And I’d be stunned if the jury ended up all men; there is case law (Batson progeny) that forbid exercising even premptory challenges based on gender alone.
- Rick
The US justice system is fucked up. She had semen from a different man on her undies, therefore Koby is innocent. What the fuck??? :smack:
Er… meant to say, “I don’t agree ‘any woman’ is a guaranteed guilty verdict at all.”
ccwaterback - your one-sentence summary falls woefully short. The feeling seems to be that if she had seminal fluid from another man inside her, it raises the inference that THAT man, rather then Mr. Bryant, could have been the attacker. After all, if the seminal fluid had been from Mr. Bryant, no one would question the probative value of the evidence. The prosecution argues that the victim had vaginal injuries, and her underwear tested positive for sperm, then we should infer that she’s telling the truth about being attacked, and that Mr. Bryant was the only possible source of that sperm.
The defense is then absolutely entitled to explore evidence that shows that another man was the source of the fluid, because that rebuts the prosecution’s inference.
- Rick
OK, all I heard was the fluid was on her undies, I hope they aren’t insinuating it was found inside her just because it was in her undies. My point is, I don’t care if she fucks every dog in the neighborhood, if she says NO to you, that means NO. But then I suppose it all comes down to he-said, she-said, and if they can make her look like a slut, and Koby as the all-American boy, I would imagine he wins the case.
See, for me it’s like this … are they seeking the truth or are they trying to distort the “facts” to their favor? I would say most lawyers do the later, but that’s how our system of justice operates. The more money you have, the bigger circus you can bring to the courtroom.
Is the defense allowed to seek out the guy the sperm came from in order to question him?
by Blonde
I know you mean well, Blonde, but give women some credit here. You saying this is about as infuriating as when people insinuate that black people can not view objective evidence without letting the race of the defendant cloud their judgment. Your generalization is a stretch as well as insulting. I should hope that anyone selected for that jury–be they white, black, man, or woman–will be able to look at the evidence and render a decision without bringing a whole bunch of prejudicial baggage into it.
Yes, Kobe is an adulterer. Big surprise there, being that he’s a NBA player and all, and we all know they as a group are just the epitomes of snow white chasity. But I don’t think women will necessarily translate his infidelity into proof of him being a rapist. Some women may actually have their daggers out on the accuser. “What nice, God-fearing woman goes to the doctor with dirty, semen-encrusted panties on?” I’ve heard this question voiced many times in the last view days, and it is mostly females doing the asking.
Well, I certainly didn’t mean to post an insulting generalization, you with the face. I personally find the concept of a man whose wife just had their first baby screwing around really disgusting. Of course, infidelity isn’t a crime. But I do believe the jury will judge him for the act, right or wrong.
small point “semen encrusted” isn’t, I would think, the term that’s in the police report. such a charachterization of the evidence is value loaded and not necessarily accurate.
It’s unclear. Certainly if they have a proper foundation to call him, they can. He’s not automatically relevant.
- Rick
http://a1022.g.akamai.net/f/1022/8158/5m/images.latimes.com/media/acrobat/2003-10/9887049.pdf Kobe will stand trial.
Excerpts:
**The alleged victim did not indicate to Defendant that she had become uncomfortable. She then stood up and they began hugging and kissing with her arms draped around his neck. She does not dispute that this is consensual.
…
During the sexual intercourse, the alleged victim moved Defendant’s hand from her neck and then he stopped. Detective Winters’ report indicates he asked her why she never said “no”? When asked the question, the alleged victim did not “protest” or indicated that she said no.
…
The alleged victim indicates that she is flattered by his attention and as excited that he was showing an interest in her.
…
The alleged victim states that she expected Defendant to “put a move on her.”
…
It was also elicited during cross examination that Detective Winters did not detect any physical evidence on the alleged victim’s neck. He did not see any marks, scratches, bruises or finger marks. Upon questioning based on review of the diagram prepared in conjunction with the sexual assault examination, Detective Winters confirmed that there were no other marks on the alleged victim’s neck or arms and no bruises on the front or back of her body or legs.
…**