Unshelved by Bill Barnes and Gene Ambaum
comic strip overdue media

Thursday, August 12, 2004

I have to admit, this is not the way to run a court case

Father of Kobe's accuser sends scathing letter to judge

It's amazing how one person can be judged, can have 'friends' come forth into the spotlight to discuss supposed mental health issues, can have supposed experts drop her name and opinions about her sexual conduct that day, can become the target of not only death threats but have at least one person offer to kill her for a huge amount of money, yet due to gag orders, she and her lawyers have not been able to tell their side, and it really looks like the chances of a fair trial are dimming. Yes, the burden of proof is always on the prosecution. But in this case, the supposed victim is quite evidently on trial.

Regardless of a person's sexual history, mental state, how he or she was dressed, who the principal characters are, and whether a person resisted or screamed or not...if it's without consent, it's sexual assault. Sometimes it can be very difficult to make the determination, because, yes, there are people who cry foul when they got themselves into a situation they regret. There can be no argument, though, that 'no' means 'yes'. As I once responded to a student in a sociology class, if someone says no, you stop. Period. If he or she is playing games, fine, then there will be frustration at the worst. If you don't care about the other person, then at least care about your own liability.

Yes, people do stupid things. 'Why was she walking in the parking lot at 2am?' 'She should have known better than to drink at that party.' But doing stupid things should not mean you get raped. Yes, it may be a mistake that haunts for years to come, and there is some culpability--but it's still rape.

I don't know if what happened that night between Kobe Bryant and that woman was rape. I don't have the real facts of the case, just leaked innuendos. But I do know I'm reserving judgement until the full case comes to light.

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