i'm glad i'm not a whore

i don't doubt she has had a lot of sex or that she had a reason to extort from him. but do you realize the predecent this sets? some dude rapes your mom and they're asking her friends if she does coke and gives blowjobs. you know?

I think the specific circumstances of a case decide whether it's warranted or not. Maybe it will set a precedent, which might be okay, because sometimes they should look into things like that, in my opinion.


i mean, why does this NOT apply in OTHER cases of assault? like a guy gets his ass kicked in a bar fight... do they get him on the stand and ask him how often he gets drunk and rowdy, how many times he's instigated someone?


In an assault case, there's evidence someone has been assaulted (i.e. wounds), as is the same with many rape cases. I think in an assault case where the assaultee has no visible wounds, the history of the accusor probably does come into play.
 
alex: i am not talking about her CREDIBILITY. i am talking about the fact that for 3.5 hours they asked her about her SEXUAL HISTORY.
 
I think the specific circumstances of a case decide whether it's warranted or not. Maybe it will set a precedent, which might be okay, because sometimes they should look into things like that, in my opinion.


okay this is where i am confused. THINGS LIKE THAT: meaning, if she's a slut or not? because that's important in determining if she also would lie about rape?
 
doesn't matter if they're a "whore". they just need to establish credibilities and likelihoods. to oppose that, you're opposing "special standards of justice" for rape victims, and if most rape cases were held to the same standards of justice as theft or assault, they would NOT get convicted.
 
toby: it is illegal to take prior activity of an accused into consideration in 42 of 50 states for regular assault and battery.
 
I don't think in the Kobe case, they're trying to question her credibility, rather it seems they're trying to show that Kobe was just another of her regular sexual encounters.
 
alex: my purpose in this entire thread is that they asked her and her friends for an entire day ONLY about her sexual history.
HER SEXUAL HISTORY. do you think that affects her credibility is what i am asking. that was obviously ALL i was talking about (thus the title of this thread and its content)
 
toby: meaning that you think that if someone has ENOUGH sexual encounters that sooner or later they'll CONFUSE one as rape or accuse one of those of rape?
 
no, not at all. it seems that it's more like the defense is just trying to explain why the sexual encounter between Kobe and his accusor would have happened. In other words, it helps the jury believe that she wanted to have sex with Kobe, by saying that she regularly likes to have sex with strangers. It's relevant because Kobe attests the sex was consentual.
 
well, i don't like the term "slut" because i think it perjorifies (?) female sexual activity in general, sooo let me try to figure out another way to say it.

the specific and controversial "violations" of rape-shield that are being argued about in this case are (as i said before) not necessarily confined to questions about her butt-sex.

the bottom line for this case is you have two people who are EQUALLY CREDIBLE unless you show otherwise. you CANNOT convict someone on a 50-50 chance of guilt--it has to be "beyond a reasonable doubt" (in a criminal case, at least).

therefore, the prosecutor must show that Bryant--and therefore his story--is not as credible as the girl's. the defence attorney must show that the girl--and therefore her story--are not as credible as Bryant.

i think there are many things that can be used to damage Bryant's credibility. for example, i'm sure he has had extramarital liasions in the past. does that mean that all people who commit adultery are rapists? no. but could it damage his credibility? yes. do you think they shouldn't be allowed to bring up BRYANT'S sexual history? they absolutely should.

likewise, the girl's credibility must be attacked and defended. she's going to have a difficult time defending it, because her argument was that the sex wasn't consensual at ALL, right? yet she did go up to Bryant's room alone, in violation of hotel policy; sexual history comes into play because somebody who is a real tight-ass about sex (no pun intended) would be less likely to have a one-night quickie fling thing.

as long as the defence attorneys try to portray her as having a normal, regular attitude toward sex--that is, it's fun and she does it--i think that's fine. they just need to show that she is not some kind of prude. what goes beyond the bounds, i think, is trying to prove that she is some kind of sexual predator who took advantage of poor Kobe. but from what i've seen, they're not trying to do that. (I haven't seen EVERYTHING, so i could be wrong).
 
yes, what toby said. nobody's saying she's confusing it as rape--not me, not kobe's defence attorney. they're saying "This is Kobe's story. This is why it's realistic."

what the prosector needs to do is show why his story is NOT realistic.
 
also: i am putting myself in this position:
next week, i am raped by someone i just met. i went to his apartment because he was cute. i wanted to make out with him.
if i take him to court: are they going to ask me if i've ever had a one night stand before? had anal sex? are they going to ask me if i've ever accused someone of assault before? are they going to ask me if i give head? are they going to ask my friends? what does this mean about me? does this mean that because if i were 'easy' to get in the sack before, i was easy that night?
 
well it's the preceding ruling law. a lot of times previous convictions are left out of cases as they may 'inflame' the jury against someone who supposedly 'already served their sentence'.
 
that sucks and is not fair.

however, at least it contributes to a wrongful NOT GUILTY verdict, rather than a wrongful GUILTY verdict. wrongful GUILTY verdicts are so much worse than wrongful NOT GUILTY verdicts.
 
i should say that in the above circumstances... i probably wouldn't go ahead with the charges. i'd be embarrassed for my family.
 
if you're saying that the defense is asserting that because she's the type of person who would give a blowjob, she must be a sinner and immoral person, therefore Kobe isn't guilty, then I agree with you. But I didn't think that in this case, that was what they were doing.