August 07, 2003

Too much shielding for Kobe's accuser
Category: Misc.

I have been reluctant to discuss the Kobe Bryant story on this site.

I rarely shy away from controversy. However, I become wary when the medium is one where the nuances of my arguments will not be fully grasped.

In already-charged situations people rarely take the time to understand the argument being made; just ask Mark Cuban. When asked what Kobe's case will mean to the NBA, Mark talked about controversy and notoriety increasing ticket sales and league interest.

He gave the correct answer. His answer did not indicate that the alleged rape was good. He did not say these comments in a ghoulish manner. He simply answered the question. The result was headlines like "Cuban declares case good for the NBA."

People want to pretend that this case is like all others. It isn't and I'll tell you why.

First, Kobe is famous. Admittedly, this isn't a shocker of an argument. However, it's a factor when determining the extent to which the alleged victim's past should be included.

In typical rape cases the sexual promiscuity (among other things) of a victim is deemed off-limits. I contend that Kobe's defense hinges on her past. However, unlike typical cases it isn't a matter of how many people are in her past but WHO those people are.

Early rumors indicate that she bragged to friends about sleeping with a Justin Timberlake look-alike while on a road trip to audition for 'American Idol'.

Are you telling me that when someone seeks out both the spotlight and celebrities it isn't applicable to the case at hand?

Other rumors indicate that she attempted suicide just months prior. Was this a sign of serious problems or just a cry for attention? Are you telling me that this isn't applicable? After all, the defendant is about as famous as one gets.

After searching for a delicate way to phrase the next portion, I have concluded that there isn't one. Rumors indicate that she mentioned to friends that she was somewhat shocked by the size of Kobe's penis. She mentioned that it was larger than she expected. Leaks from the prosecution side mention vaginal tearing. Are you telling me that her experience/lack of experience isn't applicable here? Maybe it helps her. Maybe it doesn't. Either way, pretending that it doesn't matter is ludicrous.

I understand the intent of these laws. However, this case appears to be largely a "He said. She said." case. When Kobe's team is barred from discussing the credibility of the alleged victim that is a large handicap to overcome. Will they need to rely on the science? What is that? Are they going to enter Kobe's penis into evidence? Will they hire Pixar to do computer renderings of how the tearing could have occurred? I can see it now -- Kobe is found not guilty, but for the rest of his life there will be computer porn floating around the Internet. This thread has quickly deteriorated into the absurd (I hope).

Let's get back to it.

Is it right that the alleged victim's name is off-limits? While it's not that hard to find, I won't publish it here. Do I agree with that? Nope. First, Kobe's isn't. Sure you could say that he chose to be famous, but that isn't the reason why his is and hers isn't. Why should someone who hasn't been found guilty carry the stigma of wrong-doing while someone who has done no wrong be shielded? Shouldn't it be reversed? If she is telling the truth, she has done NOTHING wrong. He on the other hand is being accused of an horrific crime. Second, shielding the victim's name just perpetuates the myth that there is something over which to be ashamed. There isn't.

There are some of my thoughts on the matter. If you disagree, let's hear why. Don't just walk away thinking, "He's full of crap." Give me a chance to defend myself. Maybe you misunderstood me. Who knows?

(If you thought that this post was interesting, why not read another? Perhaps a random link? Or you could just read about me.)

Posted by Stephen Speicher at August 7, 2003 09:53 AM



Comments

This is all just media distraction crap, come on people how in the heck is this case gonna affect your life, Talk about real stuff homies, I don't give a hoot about this whole dang thing. Sports and and celebrities are the suga coated poison for yall

Posted by: muckraker at August 10, 2003 06:30 PM ( ? )

Ah. I can tell the sentence structure of someone who got here through the "back door." (I apologize to the regular readers for the horrible pun).

Posted by: steve at August 10, 2003 07:21 PM ( ? )

"Second, shielding the victim's name just perpetuates the myth that there is something over which to be ashamed. There isn't."

While I agree that there is nothing to be ashamed of, I can still understand why she wouldn't want her name released. She's going to have a hard enough time dealing with the inner psychological trauma that this event has caused her without everyone else in the world thinking of her as the women who accused Kobe of rape.

Posted by: e at August 16, 2003 07:34 AM ( ? )

One of the things that really disturbs me is that Kobe hasn't been convicted of anything. Yet, his name is out there and his reputation will be scared forever.

If he is found guilty, that's fine. However, if the facts of the case go the other way, she will still be protected and harm will still be done to him.

She has the ability to falsely accuse (I'm not saying that she is doing that) anonymously. Yet, he doesn't have the choice of being falsely accused anonymously.

Posted by: steve at August 17, 2003 12:27 PM ( ? )

I personally don't understand why every body in this country thinks He did. And again a racial problem, there's no one who will not look in this case as a white trash being so called raped by a very desent and farmous black man. But hey who are you to tell a white man what to do.
There is no justice in this system, what justice do they know then them selves. The DA is just happy he gets a farmous black man to nail, but hey, God don't like ugliness. Why did she followed him to his room? Becuase she knew what is wanted and she falsed Kobe to give it to her. She asked for things and he refused to give it to her, so she falsely accused him. But again Kobe should have know better.

Posted by: Allily at September 12, 2003 11:02 AM ( ? )

Steve, I think you hit the nail right on the head. WHile all the national media, both sports and news media, have come out and said that while Kobe is innocent until proven guilty, they are absolutely APPALLED that anyone would/could possibly believe that the accuser should be held up to the same scrutiny that Kobe is being held up to. My prime targets are 1) Jim Rome 2) Bob Costas et al. Being ACCUSED of rape.....irrespective of the outcome, you are ALWAYS..."THE ACCUSED RAPIST". I am a happily married man and I neither condone or condemn Kobe's sexual peccadillos. However I do understand the temptations thrown in front of these athletes. That doesn't excuse the "wandering penis" but that should not condemn them to easy rape charges. If they are accused they should have the same rights as the accuser. If you want to accuse someone of a crime as heinous as rape, and you aren't A MINOR,then you should be subject to the same public exposure as the person you accused. If he's found guilty no harm befalls you. If he's acquitted,"...Lucy, you got some 'splainin' to do" No matter the outcome, Kobe's public image is soiled irreparably. He strayed and he paid. I think that if he is found guilty he should be "drawn and quartered" but if he is found innocent then she should be held up to as much public humiliation as Kobe was. I'm out!

Posted by: Ted Washington at September 17, 2003 01:09 PM ( ? )

I am a very happily married man and I would never consider cheating on my wife. However, I don't think that Kobe (or any other athlete/star) cheating is the same as the average person cheating.

Over the course of a long marriage there will be inevitably be tough times. There will be times when a couple is closer to each other and there will be times when a couple is a little more distant. This is natural.

I believe that many marriages survive this because they are not tempted at the wrong(right?) times. There is a certain level of serendipity involved here. I am not saying that it's all luck, but I will say that I will never know what it's like to ALWAYS have the option to be with other women.

It is very easy for the average person to say (and mean) that they would never cheat on their spouse. Imagine though that after EVERY fight with your spouse you had to fight your way through hoards of women throwing themselves at you. Image knowing (while your wife/husband was in a sexual slump) that you could be with another woman in minutes.

While I don't condone this behavior, I will say that it's just not the same as the average person doing it.

Posted by: steve at September 18, 2003 03:57 PM ( ? )

This is going to be a difficult case for the defense if the accuser is not forced to testify. I do believe in assault cases involving celebrities that everyones' past should be relevant otherwise you open up a huge door for spotlight and money hungry scoundrels. Not saying that this is the case in Kobe's situation but how can any judicial system ignore someone's medical history. If this girl has a history af being unstable or a threat to herself then it's extremely relevant and in some cases the key to the entire case. I can't get into believing all the rumors of her bragging at a party or any other internet gossip but the fact that medical officials made the statement they made, it really bothers me that a judge wouldn't consider this admissable. How can you ignore suicide attempts when such an act is a cry for help and/or attention. Sounds to me like Colorado wants an airtight case at any cost including a man's freedom and liberty. See any Texas case.

Posted by: C. Love at October 3, 2003 03:04 AM ( ? )

I've just got back into the country after being in other parts of the world for the last 25 years and, the whole Sexual attitude of Americans and America is extremely prude and hypocritical.

Sex is part of life like eating, working and going to the bathroom. We as Americans have and continue to put a whole mixed bag of social dilemmas, hidden agendas and extreme right morals on one of the most natural things there is in this world we know.

I for one find it disturbing that so much is an issue when it comes to sex and everyone who needs or wants to comment acts as if they are all free of any type of sexual discrepancies or irregularities and, are all above what is now being said, discussed or written about a man who had the misfortune to meet the wrong women. It’s sad to look at our country and see the Porno industry doing so well but yet little boys of 13 yrs are being jailed for stalking little girls of the same age. And, there are a number of crimes dealing with sex and other such things that have become popular in the last ten years that if one looks closely , you’ll see that we as a country are missing the boat and are going to have to pay for it at some time in the future but, is the future now upon us?.

By looking at the Kobe case it’s apparent to me that America is going way to fast down a road which looks to me, like a dead end one way street! We’ve made sex too much of a big deal and it’s now become such an issue that it’s an ugly monster with no way of controlling it. Thanks!

Posted by: Bryan at October 4, 2003 09:41 AM ( ? )

i really think this girl is lying and she did not realize the damaged she caused that is why she want to kill herself

Posted by: sarah at October 5, 2003 04:34 PM ( ? )

I'm not the biggest Kobe fan--I have three daughters of my own and I try my best to teach them how to stay away from situations that this mysterious young lady put herself in. I don't want to get into the rumors about what she said or didn't say--all I know is that this case is not going down the right road. It is truly unfair for this young lady not to have to go through the same things that this young man has to endure. If Kobe rapped her his career should be over--his freedom taken from him just as any other man's would be. But if he's innocent, he will never be afforded the peace he's entitled--his name is smeared for life, his daughter will come to know that her father was accused of doing a terrible thing. It seems to me that everyone has a right to confront their accusers unless they are people of color--the laws seem to change if a famous African American is accused of something. Kobe doesn't have a fair shot at clearing his name. I think it's terrible that our Judicial system is still not color blind. I have been proud to see the changes that have taken place over the years when it comes to racial equity, but looking at what direction this case is headed just prove that we still have a long way to go. Do you think if Kobe was accused of sexual misconduct with a woman of color that her name would have been withheld? I think not...

Posted by: Ant at October 8, 2003 03:21 AM ( ? )

i hate to say it but i believe kobe will be found guilty just because the system will judge him on o.j case you see it is already a racial case and the fact that white america feels that one african american got away with murder on a white woman theres no way there going to allow kobe to get away with this even if he is not guilty this has nothing to do with money look at the case kobe is up against rock and hard space the judge in the case has so far did everything but found him guilty the accuser is being protected by the courts in every way oh and another thing i don't believe tyson raped that chick either woman know what there doing when they are in the company of a rich man it comes natural to them , i mean a man don't have a chance if a woman screams rape there gone the only reason kobe got half of achance is cause he is rich if this would have been a normal black man he would be already on death row ,i don't want to seem like ass but this is how america court system are they don't look for justice they look for creditability and fame ,money as long as they get conviction look how many people have been found not guilty that where on deathrow the courts don't care i wish america was ran the way it was founded where people where innocent until found guilty , free speech the road that america is headed we won't have no more rights than iraq , iraq had one crooked family to deal with we have a whole nation of crooks to deal with and its not the ghetto or the middle class people its the people that they say we vote for i can't believe people really believe u vote counts it don't cause there going to put the people that has the fat pockets there not putting people in there to serve people sorry for getting off the subject of kobe but i feel it all runs together if kobe wasn't kobe would all this be goin on the Da on this case probably wouldn't have got to the case yet so long best wishes to everyone may one day we live in peace and harmony and will all be proud of beautiful land called AMERICA

Posted by: xavier at October 8, 2003 11:50 PM ( ? )

DO ANYONE KNOW THE GIRL NAME. OR HAVE ANY PICTURES OF KOBE ACCUSER SEND THEM .

Posted by: KNOX at October 20, 2003 04:13 PM ( ? )

I think our Media is hung up on famous stories rather than Justice! Kobe's Accuser should not be shielded, if you have an accusation and it is truthful, well, come out and say it! Don't hide and damage someone's name because you will do anything to be famous?

I am a woman and cannot understand how a woman can claim Rape on one hand and have sex a day after with another man! How could you wear a dirty pany for what? 3 days!!!!!!!!!YUCK!!!! If I had to judge the case I would find her guilty of deflamation!

She has a pubic hair of a "white" man and another man's sperm on her panties...Is this Justice? What is happening to us? The media should take away her drugs...the media frenzy is what this girl wanted...take it away...she will get the message.

For Kobe, you are a big fool! I am truly disappointed in your act to fall for that crap...you have to much money..if you wanted sex...hell, get a high priced call girl BUT you should not be doing that anyway...YOU WANTED A WIFE, YOU SAID YOU WERE READY...WHAT HAPPENED NOW?

I would like to see this girl myself, anyone have any pictures...please send. The Globe is printing a picture of her on 10/31/93 with her dress hiked up....

Posted by: justice at October 30, 2003 03:05 PM ( ? )

I pretty much agree with what you've said. I don't, however, agree with you not posting her name. By not doing so you are perpetuating the very thing you are railing against. Also, if we all agree that in this country you are "presumed" innocent until proven guilty, then someone tell me why Kobe was arrested and had to post bail simply based off of an arbitrary accusation from some jilted female? Why didn't the police contact him, inform him of the allegation and let him know that a pre-trial hearing would most likely take place and at that point it would be decided whether or not to pursue charges. I mean, if all they have is the word of this crazy, suicidal, little bitch, why the hell was he arrested? This whole thing may be a catch 22 for women but life's a bitch! If you're going to accuse someone of rape, and their name is going to get published for the whole world to see, then your friggin' picture and name should be published as well! If you're right, you're right, and he'll go to prison and no one will think any worse of you. However, if you're lying, and I have a very strong suspicion that this dumb bitch is doing just that, then you should have to live with the whole world pointing fingers at you and making you feel like the worthless piece-of-s**t that you are for falsely accusing someone of a heinous crime.

My .02

Posted by: Dolph at November 1, 2003 12:59 PM ( ? )

I agree with everything you said. but as a woman, if I were ever raped, I would never want everyone to know. Although I understand that I did nothing wrong, It is a very shameful thing, and people MAKE you feel like you caused the rape or could have done something to prevent or stop it. It is no fair, but when it comes to justice for women, the system is still unbalanced.

Posted by: venice at November 2, 2003 07:04 AM ( ? )

did anyone see the pict. of the accuser? if so please send...

Posted by: jim at November 2, 2003 11:57 AM ( ? )

I decided not to post it because I wanted to discuss the issue not the person, her name, her pictures, etc. To me that is far less important than the problem itself.

Posted by: steve at November 2, 2003 03:59 PM ( ? )

This case is one that I have been watching since it began. As a huge fan of Kobe I feel that I may have a bias opinion, but I am also a woman who has been taken advantage of. I do no condone what Kobe did I believe it to be wrong. I also believe that as sensitive as this case is, it has not been treated fairly to begin with. When one party is favored as much as the accuser's has been in this scenario, there is obiously no such thing as a fair trial. In our society race means much less than it use to, but it is still a huge factor in this case. Should this case proceed as it has been, there is no way for Kobe to truly have a fair trial and be judged by a jury of "his peers".

Posted by: Vangie at November 2, 2003 08:41 PM ( ? )

This happened to my fiance. He was dating me and someone else, us women didn't know. I got pregnant, he told the other girl(35 yrs old) it was over. She came to OUR house drunk, physically assaulted him, fell in the bushes and broke her arm. She then jumped in her car and drove to the hospital she worked at where she was not given a breath test. WE called the cops and they took a statement. Four hours later my fiance was arrested and this freak was claiming that he had asked her to come over, she didn't know that I lived there and was home. She then changed her story and claimed that he had been stalking her for a year, had raped her, beat her up, and pushed her into the bushes.She sued him for 10 MILLION dollars and his parents for 2 MILLION because they let him live in a house they owned, we're 31 years old. The relevance is that if I had not been standing right there during that final incident I might not have believed him. No one ever asked her why she'd go to a stalkers house, or why her story changed so much. The insurance company's remedy was to settle out of court to save money- the witch actually won $24,000. Kobe may be in the same situation, unfortunately his case is really under the microscope and there's a lot more at stake, but it still smells the same. There should more strict laws against people who are jilted goldiggers trying to make a buck while they attempt to ruin someone else's life. P.S. We had a beautiful girl and are still happy since this happened 4 years ago.

Posted by: Been there, done that at November 12, 2003 06:09 PM ( ? )

yo kobe AINT do it!

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