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Advocates fear fallout from testimony of Bryant accuser



s_knight8@hotmail.com (s_knight8)
3/23/2004 6:37:10 PM


http://sports.yahoo.com/nba/news;_ylc=X3oDMTBpZmFlcXBpBF9TAzk1ODYxOTQ4BHNlYwN0aA--?slug=ap-bryantcase&prov=ap&type=lgns
DENVER (AP) -- The woman accusing Kobe Bryant of rape will be forced
to testify Wednesday about her sex life -- a move some experts fear
could discourage other women from reporting sexual assaults.
``I'm frightened about this decision, only for the fact that families
will not support victims and survivors to go report because they can
now say, `Look what happened to so-and-so,''' said Jeri Elster of Los
Angeles, who was raped in 1992 and has lobbied for changes in the law.
``It feels like a huge setback for survivors and victims to come.''
``This is the most harmful misuse of the rape-shield law I have ever
seen,'' Wendy Murphy, a former prosecutor who teaches at the New
England School of Law, said of the Bryant case. ``Without it, the
defense would have nothing to point to to drag her into court.''
Murphy believes many women are watching to see how Bryant's accuser
handles what could be hours of grueling testimony. ``If she makes it,
then I think a lot more women will come forward and be able to handle
what comes out'' in court, Murphy said.
Some experts said there is good reason for the alleged victim to
testify.
``Who knows the facts better as far as her history than her?'' asked
Karen Steinhauser, a former prosecutor and visiting professor at the
University of Denver School of Law. ``I'm not sure I would want the
judge to decide based on what other people say happened.''
Steinhauser said publicity could actually increase assault reports by
prompting discussions about acquaintance rape that could help remove
the stigma.
``I hope people see this as a system that, yes, is difficult on
victims, but if it happened the way she says it happened, it's wrong,
it's a crime and people need to be held accountable for that,''
Steinhauser said.
Nationally, 84 percent of sexual assault victims do not go to police,
most out of fear people will learn about the assault or that they will
be blamed for the attack, according to a 1992 study by the National
Crime Victims Research and Treatment Center at the Medical University
of South Carolina.
 
 
Isaac
3/25/2004 6:47:46 PM


On 23 Mar 2004 18:37:10 -0800, s_knight8 <s_knight8@hotmail.com> wrote:
DENVER (AP) -- The woman accusing Kobe Bryant of rape will be forced
to testify Wednesday about her sex life -- a move some experts fear
could discourage other women from reporting sexual assaults.
``I'm frightened about this decision, only for the fact that families
will not support victims and survivors to go report because they can
now say, `Look what happened to so-and-so,''' said Jeri Elster of Los
Angeles, who was raped in 1992 and has lobbied for changes in the law.
``It feels like a huge setback for survivors and victims to come.''
I have to admit that I'm a little bit baffled. The rape shield laws
all allow for this kind of evidence if it is relevant, and some of them
even provide examples of when it might be relevant.
Are people arguing that a relevancy determination (made behind closed
doors with the public excluded) is a misuse or abusive? If so they
undercut their case.
Isaac
 
 
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