I think the defense has a reasonably valid point in looking at a pattern of behavior. Also, they are trying to refute the Prosectuin's contention that the woman was suffering from post traumatic shock syndrome.

Although in reality they are using those excuses to bring the semen situation to the light of day.

Ultimately, in a perfect world I don't see how they can convict Koby because there is no witness to her saying No, and not very much evidence of any kind of force being applied.

Plus she just had sex prior to being with him and shortly after.

Not trying to be a pest but I think you are combing disorders ie Post Traumatic Stress Disorder and Toxic Shock Syndrome which are really completely unrelated. Other than that rape cases usually come down to who is more credible on the stand and is either person's personal behavior more offensive than others. While I don't think she should have been roaming around, shock or no shock, the fact that he was very married and trying to get him a little piece on the side would stick out for me more often than not and would make me THINK he may not know how to take no more an answer to a question he shouldn't even be asking.

That strikes me as a little bit like uhm . .. getting back at all men that cheat, and making an example for them. A little female wishfulfillment ;)

Just because a man is a huge pig doesn't make him a rapist. And if we have the potential to put someone in jail for twenty years it should be for more than a difference of opinions or perspectives lol.

But as for the rest I think you are right, juries are persuaded by the oddest things.

If I were a juror I would just want to know what happened. In the absence of injury, weapons, and struggle . . . where basically its just her saying she said no, I am looking for some type of corroboration through a wtiness because its just an awful long time to put someone away when its simply her word against his.

Edited for typos.

No it just makes me think if he'd cheat on his wife maybe (and this is just a result of the sports culture in this country) that as an athlete he felt entitled to it even if she said no. And you're statements are common for those trying to judge if something happened in rape accusations. I spent the last year doing outreach on rape prevention and here are some facts that folks may be unaware of:

1) Most rape cases will NOT have a eyewitness, signs of physical violence or any weapons involved. Why? Because over eighty percent of rapes are committed by someone the indvidual knows and initially felt comfortable around. Most women(and men cause men can be raped as well) are so stunned by what is happening that the thought of fighting back never comes to mind. Besides if you fight back you may be SERIOUSLY injured as opposed to "just" (cause it's still a big deal) violated.

2) Only two percent of rape cases brought to trial are false accusations, which is in line with false reports of any other crime.

3) Most accused rapists are not scary men. They are generally nice guys with nice backgrounds who for some reason or other didn't get the message ON THAT night.

and 4) While every state has different laws on what is considered rape failure to give consent or saying NO at any point in time during the act usually makes it his responsibilty to back off. I can't say that's always fair especially considering how far some folks may push it but it's better to back off and go home annoyed than to be arrested at some later point.

Yes I with most of what you are saying here... and its made me look at a lot of the rape laws differently...especially the fact that she is called the "victim" and the fact that her identity is protected and not his...because regardless of the outcome...he'll always be remembered as a rapist...:( and I'm sorry... I believe a woman's past sexual history says alot about her...and should be admissible...

The biggest "hoe" on the yard can still get raped. I put that in quotes because I remember how rumors float around about people that weren't quite true or were completely blown out of preportion. Whatever it says about her up to that POINT doesn't mean the incident didn't happen.

Rape shield laws were meant to protect people from further harassment or in this case from your family and friends receiving death threats from enraged fans. If there weren't rape shield laws, the fraction of rapes that get reported would be dramatically cut in half because we spend a LOT of time wondering what she did before she was "allegedly assaulted."

Believe me I'm not saying believe every woman because sometimes the story is shaky beyond belief. But we shouldn't dissect everyone either in the interest of protecting HIS name either. And I know folks will still say I'm being wrong but had Kobe not been trying to get him a little something on the side BEFORE he had surgery we wouldn't be having this conversation.

So you think its fair that Kobe's face is plastered all over the news..but all we can see of this so-called accuser is her back and legs like this a Tom & Jerry cartoon??

And if my bro was on trial for rape..and its a possibility that she had sperm from 2 other men in her draws at the time she was saying he had raped her..best believe the fact that she is the "biggest ho on the yard" would be real relevant to me.

Kobe's face is plastered all over TV anyway. He's a celebrity. And this young woman has had everything from her prom pictures being showed on national tv to her home address and number published on the net with pictures. The rape shield law in THIS case has been violated over and over again. That's why there's a nut in jail for repeatedly calling and I believe FLYING to Colorado to hurt her because he was upset that Kobe's "rights have been violated."

If it was my brother I'd ask him just like I'd ask Kobe, DID YOU DO A DAMN thing this woman could have interpreted as you assaulting her? No matter why she was in the room, no matter what understanding they may have had before they got naked he wouldn't be WHERE he is if he wasn't trying to cheat on his wife. So while I don't think he raped her I do think he's gonna have a hard as hell time proving it no matter WHAT they say about her cause if they slam her too hard it's just gonna make folks feel bad for her.

Well to my knowledge those that did show her picture were threatened by the Judge..and the folks who did this were radio personalities and private citizens because they were tired of seeing how unfair he was being treated while her identity continues to be protected by many.

Yes he cheated..but she has some responsibility too...going up to a married man's room at 11pm at night...hmm..maybe she just wanted an intellectual conversation...:rolleyes: There's an old saying that the only thing open after 11 is the drive thru and legs..

Guess we'll have to see what happens...this trial will be interesting to say the least.....

LOL yes the trial will be interesting but my point is this. Beyond him cheating, cause I doubt this was the first time he cheated on her, if so wouldn't that be a bear. Had he thought with the big head and just went to sleep, no matter if she was outside butt naked wrapped in a bow with arrows pointing to the "good" spots, then we wouldn't need to have the discussion.

You're right the judge did threaten folks AFTER the information is out there. And once it's out you can't tell everyone that heard it to forget it. Well you can but it usually doesn't work. If nothing else I HOPE this situation made a lot of other athletes think twice about that MUCH too easy girl that's been flirting with them.

Well, soror, if Magic's AIDS scare and OJ's murder trial didn't scare the you know what out of these Black athletes and others who cheat on their wives and run around with white women, this l'il okd Kobe rape trial won't faze them....*sigh*

This just in. . . . .

http://sportsillustrated.cnn.com/200...sed/index.html

he's lucky hella lucky

my coworker over here is hella jazzed. . .glad for the Lakers :rolleyes:

Whatever! Well, he still has the civil trial.