That's why I think history does matter --- Kobe has no history of raping women --- and why would he wait until some skanky girl comes up to his room to decide to pull off his first rape when plenty of groupies routinely make themselves available. She couldn't have seemed any different than the usual groupie by her willingness to come up to his room, so the rape doesn't make sense.
Yes, prior history matters. So does the fact that rape is NOT a sexual act. Does Kobe have a history of terrorizing women ? Does the " rapee " have a history of promisquous sexual behavior ? Did the " start witness " have sexual relations with the " rapee " ? All of the afore mentioned should, nay MUST, come into play, when one is rationally looking at this case.