rape: a matter of opinion

[MarkG]

Kobe Bryant rape case collapses

A US judge has dismissed the case against basketball star Kobe Bryant, after prosecutors dropped sexual assault charges against him.
The surprise move comes less than a week after the start of jury selection in Mr Bryant's trial in Colorado.

Prosecutors said they could not proceed because the alleged victim refused to testify in court.
The 26-year-old star denies assaulting a teenager at a ski resort last year, saying sex between them was consensual.
Mr Bryant, who plays for the Los Angeles Lakers, is one of the highest-paid sportsmen in the United States.

"This motion is to dismiss based on the sole fact that the victim is unable to continue," prosecutor Mark Hurlbert told the judge at the start of a hearing on Wednesday.

The US TV network ABC said that the prosecution "could not have proceeded without the alleged victim in this case".
The AFP news agency reports that despite the collapse of the criminal case a civil lawsuit already filed against Mr Bryant by the woman will proceed, under a deal negotiated by prosecution and defence lawyers.
"I want to apologise to her for my behaviour that night and for the consequences she has suffered in the past year," said Mr Bryant in a statement issued after the case.

"Although I truly believe this encounter between us was consensual, I recognise now that she did not and does not view this incident the same way I did."

[Imran Siddiqui]

Kobe is such a punk

[Vince278]

There is definitely something in that last sentence above (in bold) that just does not add up. Almost sounded like a confession to me.

[Dinner]

If she's screaming for him to stop then how can he think she was agreeing?

[dannubis]

SHOW ME THE MONEY !!!!

[Dinner]

Once again we have seen that rich people in America can walk away from almost anything. Ted Kennedy killed a woman while drunken driving and didn't tell anyone about it for days, OJ stabbed his ex-wife and her new boyfriend, millionaire CEOs bilk investers out of millions, and they all walk.

[MikeH]

News here said that the case was collapsing anyway, and that the DNA evidence showed she's had sex with another man just hours after the alleged rape, which was apparently seen as a massive hole* in the case.

*No pun intended.

[alva]

Originally posted by Oerdin
Once again we have seen that rich people in America can walk away from almost anything. Ted Kennedy killed a woman while drunken driving and didn't tell anyone about it for days, OJ stabbed his ex-wife and her new boyfriend, millionaire CEOs bilk investers out of millions, and they all walk.

No need to limit it to the US, it's a truth worldwide. Heck, uou can basically scrap the 'almost' too.

[Drogue]

Originally posted by Oerdin
If she's screaming for him to stop then how can he think she was agreeing?

If she was. If she was passive, not saying yes, but not saying no, he could have thought that meant compliance, when she viewed it differently.

Rape is not a matter of opinion. Forceing yourself on someone is forcing yourself on someone. However it is possible that the other person does not say no, for a variety of reasons (intimidated by someones fame/power, believes it's not there choice) and so sex proceeds, without her actively giving her consent.

It's possible that this women meets Kobe, is in awe of his fame/money/power, so does whatever she says, believing that she 'can't' say no to him. He thinks it's all consensual, as she doesn't refuse, but she feels she's been pushed into it.

I don't know if I believe that that's what happened, but without being able to prove how it did, and with the victim unwilling to testify, there seems little else they could do. It's possible it happened that way, it's possible it didn't, and Kobe's a lying *******. It's also possible that she did consent, actively, and then realised how much money she could get from a civil suit, so doesn't care about dropping the criminal suit, which would be harder to prove.

[Az]

It's such a grey area. I am not sure that he raped her, really. Maybe she didn't want it, but never said anything to him. Should he be found guilty in this case?

Difficult. It's not black and white...

[MarkG]

what amazes me the most is the stupidity of his statement (and those who dictated it to him)

if she did not view the... "encouter" as consensual then it sounds as if she did in fact say "no"...

[MikeH]

'view' is very different from 'protest strongly at the time'. I don't really see anything incongruous about the statement.

[Drogue]

Originally posted by MarkG
what amazes me the most is the stupidity of his statement (and those who dictated it to him)

if she did not view the... "encouter" as consensual then it sounds as if she did in fact say "no"...

Well, no. If he thought it was consensual, and she didn't, I'm guessing there was some ambiguity. Saying no clearly isn't that ambiguous. It's possible she did and he's lying, but it's also possible she didn't, but didn't specifically say yes.

Under old UK law, that would be legal, if she didn't say no. Under new UK law, you must make sure that the other person actively consents, otherwise it is considered rape.

[MarkG]

it's always better to get it in writing i guess

[alva]

..With a lawyer present.


I'm sure some here would welcome that suggestion.