by Eugene on Sun Oct 19, 2003 1:43 am
The defense did an excellent job with what little they had to work with. They were not allowed to bring in the victim's past medical records, nor were they allowed to cross examine the victim in person.
So, how can they "[bash] the brains out of the victim" when the victim is not even in the courtroom? The victim has other people to speak for her. And it was those testimonies, full of holes as they were, which were cross-examined and pretty much discredited.
If what the defense implied is true, in whole or part, then Kobe has a great chance of winning, even in the victim had said "no" during the incident (the defense says she didn't).
Let's say, for arguments sake, the victim found out when Kobe would be staying in the hotel, intentionally stayed and late personally gave him the tour, and assigned him one of the most remote rooms. She went up to his room having a pretty good idea of what was going to happen. They started kissing and hugging, and we know from both accounts, this was consensual, and one thing led to another. There were no bruises on her neck, or anywhere on her person. There were no bruises or scratches on Kobe. There were no signs of struggle on either of them. So, if during intercourse, when all other signs and occurrences were consensual, she says "no" once, does that make it a felony rape? When it appears that the "victim" intended something like this to happen all along, when, for the most part, the sex was consensual?
And that's the defense's case, at least for now. It's even questionable if the plaintiff had said "no" at all during the encounter. To mangle an old joke, if her saying, "No... Don't... Stop..." makes it rape (and it does), does her saying, "No, don't stop" make it also rape? It just seems that her saying "no" is totally out of context.
Of course, all of this is hypothetical, and we don't know if it happened that way at all. But the defense derived all of this from the accounts of the victim and the chief investigator. That lends it a lot of credibility. At the very least, it puts the victim's account in serious doubt.
But, you guys are right, it doesn't prove Kobe's innocence. But it goes a long way to helping his cause.
Oh, and by the way, Kobe held the victim bent over the back of a chair, then penetrated her from behind, all the while maintaining a firm grip on the victim's neck? Is that even physically possible? Well, maybe, because Kobe's a pretty tall guy, so his arms to reach, but that's an awkward way to rape someone. And there were no bruises or marks proving that ever happened. I don't know... sounds shady to me...
All the best,
Eugene
The task of the artist is to translate for us the essence of things we take for granted.