Sorry Rick but, if Kobe is convicted the world will simply have put another rapist behind bars. Besides, there will be basketball courts in prison so it not like he's totally lost.
You'll find most state laws are specific about what consent is. Going to a hotel room and even fooling around is not consent. Even revoking consent is allowed. You won't find state laws saying that once she agreed to start, she must finish.
The way this case will play out is the defense will attack the victim, as just some miscellaneous desk clerk who may have a history of instability. This pretty much is the standard "attack the whore victim" approach. However, none of these issues affects whether the victim has the right to say "No".
The victim will be attacked as a gold digger. The problem here is that a gold digger would wait a while and try to extort money and in this case the police were contacted that night and medical attention was sought.
At this point is still comes down to Kobe's word against hers. Since he already admitted that sex took place the only issue is consent and his conviction hangs in the balance. The prosecution will present hotel staff and police officers from that night to testify about their observations. The prosecution will also present doctors and nurses from the hospital.
The entire case will hinge on the testimony of the doctors and nurses from the hospital where both Kobe and the alleged victim were taken that night. If the medical staff testifies about "injuries consistent with non-consentual sex", Kobe is in serious trouble.
Nevertheless, Kobe will get his day in court to make his case.
I once spent a month as a juror on a double rape/attenpted murder case in San Diego so I am familiar with this sort of trial. It is not the most appealing subject matter to be involved with and won't make great "Court TV" except it involves a celebrity.
As for the process of being a juror, I would recommend it to everyone. Don't try to skip out on jury duty, instead hope you get picked for a jury. You will learn a tremendous amount about our judical system and some of the most basic rights that this country fights for every day.
You'll see how the check and balance of the court system can throw out improperly obtained evidence even though the Patriot Act made it easier to obtain a search warrant initially.
However, if you're a convicted felon, this won't apply because you know we purged our voter registration rolls here in Florida of all covicted felons. Wink!
Tom
