ducks
07-30-2003, 09:49 PM
When ‘No’ Means ‘No’
Sources: Kobe Bryant, Alleged Victim Had Contact But Sex Wasn’t Consensual
ABCNEWS.com
July 30
— NBA superstar Kobe Bryant and his alleged rape victim had some physical contact, sources told ABCNEWS, but prosecutors will argue that their intercourse was not consensual.
Bryant is charged with sexual assault for allegedly raping a 19-year-old woman. She worked at a lodge where he was staying when he was in Colorado for knee surgery in late June.
The Los Angeles Lakers guard, who is married and has an infant daughter, has admitted committing adultery with the woman but insisted the sex was consensual. He will be formally advised of the charges against him on Aug. 6.
Sources told ABCNEWS that Bryant, 24, and the alleged victim met when he checked into the Lodge & Spa at Cordillera in Edwards, Colo., on June 30, and she gave him a tour of the facility. Bryant called the front desk from his room and asked for the woman and she went up to his room.
Sources said the alleged victim was in Bryant's room for less than half an hour. There was some consensual sexual activity between Bryant and his accuser, but the woman says she did not consent to intercourse. She sustained some physical injuries, sources said, which Eagle County prosecutors are expected to argue are indicative of sexual assault.
A Strong Case Without a ‘Smoking Gun’?
Under Colorado law, a rape can still occur if the victim consents to some sexual activity, but later withdraws her consent or refuses to give consent to other sexual activity, including intercourse. Sources said Bryant's trial could boil down to a battle of medical experts from the defense and prosecution over whether the young woman's injuries indicate nonconsensual sex.
Besides Bryant and the alleged victim, there were no other eyewitnesses to the incident, and prosecutors do not have a "smoking gun." However, the prosecution still believes it has a strong case against Bryant. In past interviews, Eagle County District Attorney Mark Hurlbert has said there was evidence that Bryant forced the victim into "submission" through physical force and caused "sexual penetration or intrusion."
In addition, sources said, prosecutors are expected to argue that Bryant deceived law enforcement officials and that he gave inconsistent statements. Bryant's defense has said that he has been forthcoming and cooperative with law enforcement officials and stressed that he flew back to Colorado to surrender to authorities there in his July 4 arrest. Bryant was released an hour later after posting $25,000 bond.
Judge Lays Down the Law
Bryant faces probation to life in prison if convicted on the single felony count.
The judge presiding over this phase of the sexual assault case has warned reporters they may not get a seat in his courtroom for the Aug. 6 hearing if their news organizations publish the name or photograph of the alleged victim. Her identity, along with her address and phone number, have been posted on various Web sites and a Los Angeles-based talk show host has used the alleged victim's name on the air.
scoop (http://abcnews.go.com/sections/us/GoodMorningAmerica/kobe_bryant030730.html)
Sources: Kobe Bryant, Alleged Victim Had Contact But Sex Wasn’t Consensual
ABCNEWS.com
July 30
— NBA superstar Kobe Bryant and his alleged rape victim had some physical contact, sources told ABCNEWS, but prosecutors will argue that their intercourse was not consensual.
Bryant is charged with sexual assault for allegedly raping a 19-year-old woman. She worked at a lodge where he was staying when he was in Colorado for knee surgery in late June.
The Los Angeles Lakers guard, who is married and has an infant daughter, has admitted committing adultery with the woman but insisted the sex was consensual. He will be formally advised of the charges against him on Aug. 6.
Sources told ABCNEWS that Bryant, 24, and the alleged victim met when he checked into the Lodge & Spa at Cordillera in Edwards, Colo., on June 30, and she gave him a tour of the facility. Bryant called the front desk from his room and asked for the woman and she went up to his room.
Sources said the alleged victim was in Bryant's room for less than half an hour. There was some consensual sexual activity between Bryant and his accuser, but the woman says she did not consent to intercourse. She sustained some physical injuries, sources said, which Eagle County prosecutors are expected to argue are indicative of sexual assault.
A Strong Case Without a ‘Smoking Gun’?
Under Colorado law, a rape can still occur if the victim consents to some sexual activity, but later withdraws her consent or refuses to give consent to other sexual activity, including intercourse. Sources said Bryant's trial could boil down to a battle of medical experts from the defense and prosecution over whether the young woman's injuries indicate nonconsensual sex.
Besides Bryant and the alleged victim, there were no other eyewitnesses to the incident, and prosecutors do not have a "smoking gun." However, the prosecution still believes it has a strong case against Bryant. In past interviews, Eagle County District Attorney Mark Hurlbert has said there was evidence that Bryant forced the victim into "submission" through physical force and caused "sexual penetration or intrusion."
In addition, sources said, prosecutors are expected to argue that Bryant deceived law enforcement officials and that he gave inconsistent statements. Bryant's defense has said that he has been forthcoming and cooperative with law enforcement officials and stressed that he flew back to Colorado to surrender to authorities there in his July 4 arrest. Bryant was released an hour later after posting $25,000 bond.
Judge Lays Down the Law
Bryant faces probation to life in prison if convicted on the single felony count.
The judge presiding over this phase of the sexual assault case has warned reporters they may not get a seat in his courtroom for the Aug. 6 hearing if their news organizations publish the name or photograph of the alleged victim. Her identity, along with her address and phone number, have been posted on various Web sites and a Los Angeles-based talk show host has used the alleged victim's name on the air.
scoop (http://abcnews.go.com/sections/us/GoodMorningAmerica/kobe_bryant030730.html)