If he raped her he raped her, whether he was convictable or not -- just like O.J. obviously murdered his wife even though he got off. Our criminal system is set up to err on the side of the defendant, but the civil system is supposed to be about simply weighing the evidence, and I think the weight of the evidence is against Kobe, and I am sure that any decent defense attorney would be very dismayed about their client saying what Kobe said to the police. He had consciousness of guilt suggestions running all through that statement.
You haven't been paying attention: there IS no evidence to support rape, except her statement, which she's redacted more than once.
It's a he said, she said; and so far, she's losing in the credibility department.