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September 01, 2004
Kobe Bryant Wins.... and Loses
Today the Kobe Bryant criminal case ended when the prosecutor filed a motion to dismiss the case. Well, it didn't actually end until the judge accepted the motion, but there would be no doubt that such a motion would prevail.
I have no personal opinion as to whether or not Kobe Bryant actually raped the unknown accuser. I was not there, and the bits of evidence that I have seen suggest that it would be very difficult to prove that anything illegal occurred. However, I do not have all the evidence, and in actuality there are at most two people who know whether rape occurred.
All that said, I definitely have an opinion about the ending of this case. In my opinion it is good that the Kobe Bryant case ended in this manner -- both because the trial never happened and because Kobe was not convicted. Read on and I'll try to convince you I'm right.
I believe that it is wonderful that Kobe Bryant is not going to be further dragged through the mud (at least in a criminal case -- as the civil case is pending, he may yet have his name dirtied more). Why, you ask?
I believe that the manner in which this case has proceeded is very unfair to Kobe. The accuser was allowed to simply come out and declare, for all the world to hear, that Kobe was a rapist. Then the District Attorney filed criminal charges against Kobe, adding a certain merit to the charge. All of a sudden, Kobe's name is mud. He loses valuable endorsements, his career is irreparably harmed.
All this is fair and appropriate if Kobe Bryant is a rapist. But consider the supposed victim (my use of the word supposed indicates uncertainty, not discredit or disbelief). We aren't allowed to know her name. Indeed, news reporters qho (entirely legally) discovered her name were forbidden by an improper court order not to divulge the information. (The order was improper because it is an instance of illegal prior restraint (source: Wikipedia).
This means that, by simply accusing him the unknown person (well, I guess we know that it is a female -- but that's all we're allowed to know) can destroy Kobe Bryant's name without any personal risk. If we all discover, during the proceeedings, that she is a terrible person who is simply out to cash in on what she sees as a golden opportunity, we can never know to hold it against her.
For this reason I am glad that the case has ended -- even if it was for all the wrong reasons. I will not speculate as to any payoff that Kobe did or did not make to get the girl to shut up.
Now, while the criminal case is over, the civil case is not. That's right, our beloved victim has filed a lawsuit against Kobe Bryant asking for an "unspecified amount" of money. Incidentally, the judge in the civil case has compounded the inequity in this case by forbidding the media from divulging the name of a plaintiff in a civil case. This should be a matter of public record, regardless of any bogus "Rape Shield" laws.
I am working under the assumption that Kobe Bryant believes that he did not rape Ms. What's-Her-Name. I am not assuming that he didn't rape her -- only that he doesn't think that he did. In that case, I believe that it would be appropriate for Kobe Bryant to file a counter-claim demanding that the plaintiff pay up to cover the damage done to his career for this claim. I'm not a lawyer, so I can't say that this is good advice, only that I think it is "right".
</RANT>
Posted by andrew at September 1, 2004 07:00 PM
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