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http://www.thedenverchannel.com/kobebryanttrial/3350159/detail.html
Rape is an abomination. Thankfully, most men are mentally and
physically incapable of the act. For a normal man, there is nothing
sexually stimulating about a cowering frightened female who wants to
leave. Sadly, there are some men who are turned on by this
circumstance. For these criminals, rape fulfills some sick desire for
power and subjugation.
Such people need to be identified and isolated. Failure to do so
presents a huge danger that the behavior will be repeated. Men who
like to rape, just like people with normal needs, generally strive
with frequency to satisfy their basic desires.
Rape is without doubt an underreported crime. Victims fail to report
for a variety of reasons. Our state recognizes that fact in a
statement of law. Colorado's criminal code explains that many sexual
assault victims fail to report because of "the personal indignity,
humiliation, and embarrassment involved in the offenses themselves;
and the fear of further personal indignity, humiliation, and
embarrassment in connection with investigation and prosecution:
"These offenses usually occur under circumstances in which there are
no witnesses except for the accused and the victim, and, because of
this and the frequent delays in reporting, there is often no evidence
except for the conflicting testimony. Moreover, there is frequently
reluctance on the part of others to believe that the offenses occurred
because of the inequality between the victim and the perpetrator."
This language comes from a law passed by our Colorado legislature
which tells judges to make special evidentiary allowances in sexual
assault prosecutions. Instead of the normal rule of evidence which
looks skeptically on admission of other misconduct by the accused,
this Colorado law turns the presumptions around. The legitimate
justification is set forth in the preamble to the law itself:
"Sex offenders are extremely habituated. As a result, such offenders
often commit numerous offenses involving sexual deviance over many
years, with the same or different victims, and often, but not
necessarily, through similar methods or by common design. The general
assembly reaffirms and reemphasizes that, in the prosecution of sexual
offenses, including in proving the corpus delicti of such offenses,
there is a greater need and propriety for consideration by the fact
finder of evidence of other relevant acts of the accused, including
any actions, crimes, wrongs, or transactions, whether isolated acts or
ongoing actions and whether occurring prior to or after the charged
offense. The general assembly finds that such evidence of other sexual
acts is typically relevant and highly probative, and it is expected
that normally the probative value of such evidence will outweigh any
danger of unfair prejudice, even when incidents are remote from one
another in time."
All this brings us to the big underreported revelation of Kobe
Bryant's day of arraignment earlier this May. The prosecution has no
evidence of similars on the part of this defendant. That announcement
was made in open court. One would have thought that if such evidence
existed, the Eagle DA would have it. After all, no woman who had a bad
sexual encounter with Bryant could have conceivably avoided news of
his arrest and prosecution. Even if the other victims failed to come
forward, someone who they told about the incident could have dropped a
dime.
We know that DA Investigators flew around the country looking for
women who might have had a negative sexual encounter with this LA
Laker. A young female hotel employee in Portland, Oregon received an
unexpected visit from Eagle law enforcement. It seems Tara Vilhauer,
who often delivered room service to Kobe Bryant's room, was one day
asked by Bryant to have a seat on a sofa in his room. Conversation was
followed by a kiss from the married man. Ms. Vilhauer kissed back and
then said, "This can't happen. I have a boyfriend. You have a wife.
This is not going to happen." Bryant said, "That's cool," and Ms.
Vilhauer left without further incident.
See what I mean about people repeatedly seeking to fulfill desires.
Kobe Bryant had likely committed other acts of adultery and attempted
adultery prior to his encounter with the Cordillera employee in Eagle
County. But other alleged rapes? Not a single one could apparently be
found. That is what the DA admitted in open court on May 12, 2004 when
Bryant was arraigned.
There is strength in numbers. There is weakness without. The biggest
fear that Kobe Bryant's legal defense team had to have was that the
prosecution would produce similar bad act evidence. Few if any
criminal defenses have ever overcome such evidence. Their worries in
this regard are apparently now over. It is looking more and more like
a defense verdict will be coming to an Eagle County Colorado courtroom
late this summer.
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