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Metropolis Reality Forums « Judge to allow Kobe accuser's sex history »

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Rhune
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Judge to allow Kobe accuser's sex history
« on: Jul 23rd, 2004, 7:03pm »		 Quote Quote Modify Modify
Judge to allow Kobe accuser's sex history
Woman's sexual activity three days prior to rape exam can be used to determine injuries  
The Associated Press
 
DENVER - In a huge victory for Kobe Bryant, the judge in the NBA star’s sexual assault case ruled Friday that his accuser’s sex life during the week of their encounter can be used against her at trial.
 
District Judge Terry Ruckriegle said details of the woman’s sexual activities in the three days before her July 1, 2003, hospital examination are relevant to help determine the cause of her injuries and the source of DNA evidence. He also said the credibility of the accuser was a factor.
 
Colorado’s strict rape-shield law, which generally prevents the sex life of an alleged assault victim from being admitted as evidence, does not apply to all the information Bryant’s lawyers want to introduce, the judge said.
 
He said he was persuaded by the defense that “specific instances of sexual activity” and evidence of sex can be offered to bolster their contention that her injuries were not caused by Bryant.
 
A prosecution spokeswoman, Krista Flannigan, did not immediately return a call Friday. John Clune, the accuser’s attorney, declined to comment.
 
Bryant faces an Aug. 27 trial on a single charge of felony sexual assault. He has pleaded not guilty, saying he had consensual sex last summer with the woman, then a 19-year-old front desk worker at a Vail-area resort.
 
If convicted, the Los Angeles Lakers star faces four years to life in prison or 20 years to life on probation, and a fine up to $750,000.
 
© 2004 The Associated Press.
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david
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Re: Judge to allow Kobe accuser's sex history
« Reply #1 on: Jul 23rd, 2004, 8:32pm »		 Quote Quote Modify Modify Remove Remove
It maybe relevant but its going to make this girl look like tramp!
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sweetmisery
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Re: Judge to allow Kobe accuser's sex history
« Reply #2 on: Jul 25th, 2004, 3:26pm »		 Quote Quote Modify Modify
Exactly! Especially if she enjoys sex as much as I do!
 
But she should have seen that coming.
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david
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Re: Judge to allow Kobe accuser's sex history
« Reply #3 on: Jul 25th, 2004, 9:55pm »		 Quote Quote Modify Modify Remove Remove
Seeing it coming has nothing to do with it if the woman was raped then her sexual history isnt relevant! She may enjoy sex 7 days a week but during those 7 days she gets to choose partner(s) In the case of rape the choice factor is removed. Rape is Rape !!!
« Last Edit: Jul 25th, 2004, 9:55pm by david » IP Logged
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luci
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Re: Judge to allow Kobe accuser's sex history
« Reply #4 on: Jul 25th, 2004, 10:42pm »		 Quote Quote Modify Modify
I would think after a woman suffers the supposed humiliation of rape, having sex within the week would be the last thing on her mind.  
 
By posting the above statement, in no way am I making light of the situation, but after being raped she would be in no mood for sex.  This is what I've always read and heard.
 
It is my opinion that getting that close to a man would be the last thing on her mind, if indeed it was a rape.  Personally I don't believe her, Kobe can have plenty of women, he doesn't have to rape.
 
What I would like to ask her is this, if she went to his room as late as it was, what the heck did she think he wanted.   This innocent act has been overplayed and I would vote Not Guilty, with what I know at this time.  
 
Raped and consentual sex within 24 hours just does not fly!
 
No definitely means No, but perhaps she said No after the fact!
« Last Edit: Jul 25th, 2004, 10:42pm by luci » IP Logged
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david
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Re: Judge to allow Kobe accuser's sex history
« Reply #5 on: Jul 26th, 2004, 10:03am »		 Quote Quote Modify Modify Remove Remove
I agree my statement refers to her sexual history NOT if she had sex following the alledged rape! Yes it would seem VERY odd to have sex after a rape. If this is all they want to bring up then I have no problem with it but if her entire sexual history becomes part of case then its wrong!
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sweetmisery
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Re: Judge to allow Kobe accuser's sex history
« Reply #6 on: Jul 26th, 2004, 11:49am »		 Quote Quote Modify Modify
What I meant is that when she sued Kobe, she should have expected that such things might happen eventually...
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david
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Re: Judge to allow Kobe accuser's sex history
« Reply #7 on: Jul 26th, 2004, 11:51am »		 Quote Quote Modify Modify Remove Remove
I didnt know she sued yet? Regardless we have no clue who is telling her what and she may not have expected this! She may have been told her sexual history was protected by law! Which it is! Judge ruleing caught me by surprise!
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sweetmisery
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Re: Judge to allow Kobe accuser's sex history
« Reply #8 on: Jul 26th, 2004, 12:34pm »		 Quote Quote Modify Modify
So you think Kobe is innocent or not?
 
Me, Im having doubts, maybe he is, especially like what luci said, he can have all the girls he wants BUT maybe at that time he is very horny(us guys tends to have a different mind set when we are) and forced himself to her.
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Rhune
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Re: Judge to allow Kobe accuser's sex history
« Reply #9 on: Jul 26th, 2004, 1:17pm »		 Quote Quote Modify Modify
Her entire sexual history is not something that will be submitted or allowed.  In the original article it says that only her sex life during the week of the encounter can be submitted, which in this case is 3 days prior and 3 days after.  It's important to remember that when she was examined phsyically after the alleged rape, there were semen samples from 3 different males found in/on her and she's not stating it was a group rape, that only Kobe was there.
« Last Edit: Jul 26th, 2004, 1:19pm by Rhune » IP Logged
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david
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Re: Judge to allow Kobe accuser's sex history
« Reply #10 on: Jul 26th, 2004, 1:18pm »		 Quote Quote Modify Modify Remove Remove
If defense calim she had sex following alledged attack then this is relevant
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Rhune
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Re: Judge to allow Kobe accuser's sex history
« Reply #11 on: Jul 26th, 2004, 1:21pm »		 Quote Quote Modify Modify
He's saying they had sex but it wasn't violent, she's saying he caused her phsycial injuries, if she had sex with 2 other men that night, whether before or after him I think that's relevent to her physical state.
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david
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Re: Judge to allow Kobe accuser's sex history
« Reply #12 on: Jul 26th, 2004, 1:22pm »		 Quote Quote Modify Modify Remove Remove
I agree
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