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.
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Originally posted by SummerChild
IMO, all of these tactics by the prosecution are standard "let me throw the kitchen sink at the judge and hope that something sticks." According to the little bit that I've learned in Evidence class, the only reason that other men's semen would be relevant is to prove that the semen associated with the time of alleged attack did not belong to Kobe. The prosecution has never tried to say this so it just seems that they are skating around the issue - is the semen from the alleged attack Kobe's or not (who cares who the semen from other non-attack times belonged to - that seems like just a way to distract us).
All of this seems to boil down to the usual situation where a rape victim is being tried in the court of public opinion before she can even get to trial. It's no wonder that women don't like to bring rape charges.
SC
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