write approximately 500 words explaining the Rape Shield Law. Read the fact pattern on page 93 of your textbook in the matter of Kobe Bryant. He was charged with the crime of rape in Vail Colorado. At the time, Colorado had a Rape Shield law in place. You can also go online for further facts on this case. After reading the facts of this case, do you think that the dismissal of charges against Kobe was just? Please explain your opinion. Please be sure to save your answer with an ending of “.doc” and post your answer.
On page 93 of the book, the story that assignment required me so you might need to check
YOU MAKE THE CALL
Kobe Bryant: Mining the Victim’s Past
Basketball star Kobe Bryant visited Vail, Colorado, on June 30, 2003, in pre-
paration for knee surgery. After checking in, Bryant met a nineteen-year-old
college student who worked at the hotel. What happened next is a matter of
conjecture, but evidence shows the two had sex. She claimed Bryant raped her
and reported the assault to the police. Bryant was later charged with sexual
assault and bound over for trial. In a TV appearance, Kobe tear fully admitted to
adultery, but not rape.
At a pretrial hearing, Bryant’s lawyer, Pamela Mackey, mentioned the
accuser’s name, thus putting it in the court record. After being warned by the
judge, she mentioned it five more times.* In fact concealing the alleged victim’s
identity was a problem in the run-up to the trial. Several websites published the
woman’s name, picture, and address. An LA disk jockey broadcast her name,
and one website offered her likeness on a tee shirt with the caption “lying bitch”
under it. Bryant’s legal team sought to have the woman’s mental health and sexual
history brought in as evidence.° Ultimately, both sides worked out a deal.
Bryant made a statement in court that he may have not understood the
young woman was saying no. The Eagle County District Attorney dropped the
charges. Bryant later paid his accuser an undisclosed sum,
If you had been the judge in the case, and the case had gone to trial, would
you have let the defense bring in the accuser’s mental health history? Victim
advocates say doing so puts the accuser on trial, and virtually strips anyone with
a mental health history of legal protection against rape. The defense argued
revealing her mental health history would help the jury decide on her credibility.
You make the call.
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