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Kobe Bryant's accuser's "post-assault" sexual history to be admitted in Court!
FOXNEWS | 7/23/2004

Posted on 07/23/2004 3:32:50 PM PDT by sinkspur

While her previous sexual history will not be admitted, the judge has just ruled that any post-KB-sexual activity WILL be admitted.


TOPICS: Culture/Society
KEYWORDS: kobebryant
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To: sinkspur

Everything you've posted is 100% correct, including the statement about an insatiable sex drive in certain stages of bipolar or schizoaffective disorder.

The case should be thrown out.


41 posted on 07/23/2004 4:08:22 PM PDT by coloradomom
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To: muawiyah

I am no fan of rich, arrogant athletes, but these young women must learn to stay out of hotels with them if they dont want to do the deed.


42 posted on 07/23/2004 4:09:01 PM PDT by somemoreequalthanothers
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To: somemoreequalthanothers

When I was young and liberal, the concept that a woman just might have contributed something to her own sorry circumstances was blasphemy.


43 posted on 07/23/2004 4:09:39 PM PDT by Xenalyte (Thass just for decoration.)
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To: Xenalyte

Has that changed?


44 posted on 07/23/2004 4:11:20 PM PDT by somemoreequalthanothers
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To: Xenalyte

I resemble that remark.


45 posted on 07/23/2004 4:12:44 PM PDT by countess
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To: somemoreequalthanothers

From my point of view, yep . . . from the POV of the still-stupid still-liberal, nothing has changed at all, women are always right, and men are always evil.


46 posted on 07/23/2004 4:12:55 PM PDT by Xenalyte (Thass just for decoration.)
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To: countess

Embarrassing to contemplate our misspent youth, ain't it?


47 posted on 07/23/2004 4:13:14 PM PDT by Xenalyte (Thass just for decoration.)
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To: sinkspur

Of particular interest in the order, and not receiving a lot of comment so far, is the part regarding two of the "outcry" witnesses. These are the guys who will be offered to testify about the complaining witness's emotional state after the "assault". The general fact that they'd had a prior intimate relationship with her has been ruled admissible.


48 posted on 07/23/2004 4:13:37 PM PDT by ArmstedFragg
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To: Chieftain
"So she had sex afterwards, that doesn't nean she wasn't raped!"

No, it certainly does not. However, it can quite easily put reasonable doubt in the mind of a juror. You have to get 12 people to believe, beyond any reasonable doubt, that this man sexually assaulted this woman. If her response to the (admitted) sexual contact between the two of them was to seek out other sexual partners, it does cast some doubt on her being an injured victim of a crazed rapist.

Remember that, as a juror, you can believe someone is guilty and still be forced (as per your duty as a juror) to vote 'not guilty' if there is a reasonable doubt in your mind.
49 posted on 07/23/2004 4:14:30 PM PDT by NJ_gent (Conservatism begins at home. Security begins at the border. Please, someone, secure our borders.)
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To: Xenalyte

I did not mean you, I just have not seen much of a societal change in that feminist way of thinking. As long as female admirers keep going to their rooms, these cases will keep happening.


50 posted on 07/23/2004 4:16:00 PM PDT by somemoreequalthanothers
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To: sinkspur

This case would long since have been dropped were it not for the probability that, in this PC ridden society we live in, the DA fears the wrath of the feminists {if he drops it} more than the scorn of his colleagues {if he prosecutes}.


51 posted on 07/23/2004 4:16:01 PM PDT by Cedric
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To: muawiyah; Chieftain
Still doesn't mean Kobe was free to just grab her and have his way with her.

She never should have run to his suite at that time of night, alone. What did she think they were going to do? Sit down and have tea?

She should have just gotten into a vehicle with some stranger, IMHO.

52 posted on 07/23/2004 4:16:56 PM PDT by SheLion (Please register to vote! We can't afford to remain silent!!)
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To: Xenalyte
Um, it's entirely possible for a non-violent sexual act to result in some small tearing and bleeding.

For what it's worth, the defense will offer evidence that the injury in this case occurs approximately 60 percent of the time in assault cases, and approximately 40 percent of the time in consensual acts.

The value of the "tearing" to prove assault has been grossly overstated.

53 posted on 07/23/2004 4:18:35 PM PDT by ArmstedFragg
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To: muawiyah
being crazy does not entitle one to just grab her and have your way with her.

A young woman does not go to a man's room at night and expect nothing to happen. She was either stupid or had her own agenda.

54 posted on 07/23/2004 4:19:22 PM PDT by SheLion (Please register to vote! We can't afford to remain silent!!)
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To: sinkspur
Do rape victims have sex within 24 hours after the rape, especially if the so-called rape involved "injuries"?

Years ago I was dating a girl who suffered a "date rape" after we had gone out a time or two. It took three weeks before I could even hold her without her shuddering. About 3 more weeks before she felt comfortable with physical intimacy.

It takes a real psycho to have sex within 24 hours of allegedly being raped.

55 posted on 07/23/2004 4:20:18 PM PDT by CholeraJoe (Roger Ailes said it. I believe it. That settles it.)
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To: Chieftain

True, it just means she has no credibility in her claims of rape.
She is even reported to say she knew Kobe would come on to her if she went up to his room, so she went up!!!

She may attempt a third suicide over this, but she most certainly is NOT the person to brand another a sexual predator, especially after her lap dance and face licking at a club the same night of the supposed rape.


56 posted on 07/23/2004 4:20:37 PM PDT by A CA Guy (God Bless America, God bless and keep safe our fighting men and women.)
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To: coloradomom
The case should be thrown out.

For what it's worth, the last line of the court order is a subtle reminder that there's still time to bargain.

57 posted on 07/23/2004 4:22:40 PM PDT by ArmstedFragg
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To: sinkspur
While I absolutely agree that "No means no." and that no woman deserves to be raped, people miss the very important reason why rape cases historically paid so much attention to the woman's history and reputation. Aquaintence rape accusations are frequently "He said/She said" situations and the jury needs to determine who is lying. The purpose of looking into a person's sexual history is to determine if they have a history of consenting to sex because their consent, or lack of it, is critical to determining if the act was rape or not.

In days where "nice girls" were expected to say "No.", it was possible to assume that a "nice girl" wouldn't agree to having casual sex without strings and a man would be wary of any nice girl who did. In that case, it was possible to assume that if a "nice girl" cried rape, it really was rape. When the woman has a past sexual history, all of that becomes uncertain. If she gave consent to sex before, how do we know that she didn't give consent this time? And if we can't know that she didn't give consent, how can the man be convicted simply on her word, without other damning evidence that the sex was non-consentual? And given that we make a presumption of innocence, can anyone be convincted with that much uncertainty? To make matters worse, since it's become somewhat "normal" to consent to kinky sex that can leave marks, even bruises and scratches are not incontrovertable proof of a lack of consent. The loss of traditional dating and relationship culture has created a vaccuum and no reliable way of sorting out false rape accusations from true accusations.

Did Kobe Bryant rape that woman? Should I believe the promiscuous possible victim or the basketball star who cheated on his wife? In a context in which character should matter but no longer seems to, I have no way of knowing which one is the liar. It's quite possible that she was raped but I (and the jury) have no reason to assume that if she's given consent to so many others. It's a character issue and if she'd shown more character, perhaps she'd be more trustworthy. But I do know that "maybe he did and maybe he didn't" is not enough to convict on and shouldn't be.

58 posted on 07/23/2004 4:25:13 PM PDT by Question_Assumptions
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To: muawiyah
Still doesn't mean Kobe was free to just grab her and have his way with her.

The question is not whether it was right or wrong for Kobe Bryant to grab a woman and have his way with her if she didn't consent to it, no matter how promiscuous she is. Of course that's wrong, and that question conceals the real problem here.

The real problem is that we have two people telling a different story and one has to be a liar. If she is the liar, it wasn't rape and no crime was committed. Is the promiscuous woman a liar or is the adulterous basketball star? I wasn't there. The jury wasn't there. It is his word against her word and the jury needs to believe her beyond a reasonable doubt. At that point, character matters.

Perhaps she was raped and if the jury doesn't believe her, that's a shame. But it's always a shame when the proverbial little boy who cries wolf gets eaten by a wolf because nobody believes he's being attached by a real wolf. Like the little boy that cried wolf, people make a character assessment based on past behavior and judges the truth of what someone says accordingly. It's not a question of whether Kobe Bryant had a right to rape her. It's a question of whether she is lying or not.

59 posted on 07/23/2004 4:30:41 PM PDT by Question_Assumptions
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To: countess

Mine is merely a spoof on the absolute absurdity, desperation, and banality of today's TV and radio advertising. Trust me, I'm not trolling for anything (or anyone).

But, if it offends you, I can change it......


60 posted on 07/23/2004 4:30:45 PM PDT by CTOCS (Erections lasting more than four hours, while rare, require immediate medical attention)
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