Prosecutors say Kobe lied to authorities

Phildaelphia Inquirer ^ | July 31, 2003 | GEORGE MERRITT & CHRIS FRATES

[Howlin]

She wasn't on duty, so there was no need for her to "clock out."

[Bluntpoint]

Courts should be serious places

I used to believe that. I no longer practice law.

[jimbo123]

[dwd1]

True that, my brother (hey mom, I'm bilingual)...It was an objection voiced by his parents and several other parties...I think they had his best interests at heart......The sad thing about this is that it is possible that the only lesson Kobe learns from this is "Don't get caught!!!"

[HurkinMcGurkin]

However, I have a problem equating this with a rape where there was no sexual activity in the first place.

I posted this on another thread, but thought it may be os some interest to you and others who didn't see it before:

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Withdrawn Consent Is Not a Defense to Forcible Rape, S.C. Rules

By KENNETH OFGANG, Staff Writer/Appellate Courts

Consent is not a defense to a charge of forcible rape if the accused persists following the withdrawal of that consent, the California Supreme Court ruled yesterday.

In a 6-1 decision, with Justice Janice Rogers Brown the lone dissenter, the justices affirmed lower court rulings committing a juvenile offender from El Dorado County, identified as John Z., to Crystal Creek Boys Ranch.

The complainant, Laura T., was 17 years old at the time of the March 2000 incident. She acknowledged that she willingly visited John at his house and allowed John and his friend Juan G. to take off her clothes and fondle her.

But she became upset, she said, when Juan got on top of her and tried to have intercourse. When his condom fell off, she said, she told him “maybe it’s a sign we shouldn’t be doing this,” and he said “fine” and left the room.

After that, she testified, John came in and told her he really cared about her and Juan didn’t. John told her she was “really beautiful,” and that he wanted her to be his girlfriend. They kissed, she said, before he rolled on top of her and began to attempt intercourse.

Laura said she tried to get him to stop, insisting several times that she had to go home, but that John “just stayed inside of me and kept like basically forcing it on me.” He persisted, she said, for several minutes, saying “just give me a minute” and “give me some time” before heeding her pleas to stop.

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In this story, the female consented to sexual activity short of intercourse, so she claimed. She was not slapped, held down or beaten. The two males convicted came and went from the room several times. She could have left at several points. The male who she alleged held her on top of him for five minutes even admitted he stopped after about a minute or two when she said "she needed to go home" and "they shouldn't be doing this". But the jury still convicted the male, even though he did eventually stop.

Other courts have ruled that there is this concept of "withdrawn consent", and many States have it codefied in law. Regardless of one's agreement or diagreement(I understand your point totally), courts have ruled that a woman can withdraw consent at any point, and lack of immediate recognition of this by the male will result in forcible rape.

If this "withdrawn consent" occurred in the Kobe incident, then I would be highly surprised if he hasn't dunked his last basketball in the NBA.

I'll wait for a trial, but this "withdrawn consent" has been rumored since the indictment. I thought this is probably what happened as well. The law isn't on Kobe's side if that is what happened.

[Bluntpoint]

Another reason I quit law, I grew bored reading complaints and answers.

Thanks for the reminder.

[dwd1]

Some people say that the adversarial theme of the courtroom makes winning more important that justice...What do you think? If you agree, is that why you walked away?

[wardaddy]

You need to go to the FreeKobe websites that have multiplied like rabbits.

"Ordinary" black folks have hardly abandoned him. Many who purport to be black have written some the vilest things about the accused and her particular race that I have ever seen on the net anywhere anytime.

Likewise, Kobe has not been abandoned here by a number of posters who claim to be black.

Kobe had already crossed that "line" by marrying a Latina. Nothing new here in that regard.

I am curious though, does anyone think this was his first time to cheat?

[Lijahsbubbe]

Thanks for the post! (Kobe may be toast?)

[Bluntpoint]

It is almost entirely about whose clock gets cleaned.

I found it very depressing.

When I entered the practice of law, I felt it was the lawyer's duty to search for justice, where ever that left my client.

Apparently, I was alone in that thinking.

[george wythe]

Consent is not a defense to a charge of forcible rape if the accused persists following the withdrawal of that consent, the California Supreme Court ruled yesterday.

OK, that's the law in California. What about Colorado?

[dwd1]

As one of the alleged "brothers" in the house(and a staunch moderate :-)) I have consistently stated that a pattern of behavior will most likely emerge...If he is habitually cheating on his wife, that will come out...If he is in the practice of doing violence or using intimidation toward women to get what he wants, that will also come out...I think he is most likely like a major league catcher...He feels it his duty to catch whatever is thrown in his direction....

[aristeides]

COLORADO'S TOUGH SEXUAL ASSAULT LAW: This is bad, bad news for Kobe.

[Bluntpoint]

I am curious though, does anyone think this was his first time to cheat?

If anal sex takes place in the woods and nobody is their to witness it, did an ass get corked?

[connectthedots]

Probably quit practicing law because of the corruption in the court perpetrated by judges, prosecutors and other lawyers who thumb their collective noses at the law when they can benefit financially, or to cover-up their own crimes.

[dwd1]

I spent some time in Germany while in the service and I was told that the way things work over there is that the prosecution and the defense cooperate more to find the truth instead of trying to make sure that their point of view prevails...

[eniapmot]

That's right.

And if she swallow,

it don't follow.

[NativeNewYorker]

[Bluntpoint]

Legal prostitutes have little time for justice.

Justice for them is only adjudged by their "box score" of wins and losses.

[dwd1]

I wish there were more courageous people in the legal system that would say, (paraphrasing Sherlock Holmes) let us cut through the Bull Excrement and find out what really happened...

Persons with such an attitude would most likely end up disbarred or unemployed but it is a dream I have...