The Denver Postdiane carman
Bryant's accuser determined
Tuesday, July 27, 2004 -
I believe in the First Amendment. Justice. Fairness. The right to privacy. Compassion for the victims of crimes. The rape shield law. And the rights of the accused, who are innocent until proven guilty.
And I believe that Kobe Bryant's 20-year-old accuser is one determined young woman. Prosecution spokeswoman Krista Flannigan told reporters Monday that she "still has strong resolve to move forward." When District Judge Terry Ruckriegle ruled Friday that the evidence of her sexual activities during the period up to 72 hours before her rape kit was taken and testimony on the nature of her relationship with her witnesses were admissible at trial, it was clearly a turning point. Suddenly her behavior outside that hotel room where the alleged rape occurred would be replayed before a jury and a sex-obsessed public. Over and over again. If she were my daughter, I'm afraid my instinct to protect her might have overwhelmed any sense of civic responsibility. I'm afraid I'd have been tempted to cave just to protect her privacy and put an end to the madness. The case has affected a lot of people that way, said Kevin Higgins, executive director of the Rape Assistance and Awareness Program, or RAAP, of Denver. "The system is set up to arrive at the truth and be just," he said, "but it has its inherent problems." The biggest one is the attitude of the American public. Despite rape shield laws and decades of research and education about this crime, the reaction of most people is to prosecute the accusers. Nobody seems curious about the promiscuity of rape suspects. We all rightly believe it's irrelevant. But an accuser's sex life is a tabloid headline a week. Higgins worries that - regardless of the outcome of the trial - the Bryant case could mean a lasting setback to the effort to prosecute sexual assaults. Rape victims long have been hesitant to seek help from the criminal justice system, he said. "This is creating an even greater reluctance." Higgins said he knows the number of assaults reported to RAAP has dropped since the investigation of the Bryant case began a year ago. "I have no statistical data," he said. "We don't know how to identify the people not coming forward." But calls to the RAAP hotline have declined and Higgins is pretty sure it's not because rape has taken a holiday. For those who do report the crimes, there is help. Powerful advocates are there to support them through the legal nightmares. Police agencies, prosecutors and a wide range of victims' advocate organizations operate counseling and support programs. But it still requires great resolve on the part of the accusers. "It's always our position to see what a victim is comfortable with and support her in whatever she decides," Higgins said. That may mean standing firm in going to trial to make sure a rapist is punished. Or not. The woman who has accused Bryant of rape is dealing with far greater pressures than most crime victims. There have been the media hordes, crude phone calls, letters, death threats. And because everything she does quickly becomes public, it's more difficult for her to take advantage of the counseling and support services, Higgins said. "There's almost no support base around her in which to confide. That means the stages of healing are prolonged." But she's obviously holding her own. So as the process of assembling a jury and preparing for trial continues, as legal questions are debated, as the community argues over what are the ramifications of the ultimate verdict on men, women, justice and professional basketball, one thing's clear. This woman will have her day in court. No matter what. Diane Carman's column appears Sunday, Tuesday and Thursday. She can be reached at 303-820-1489 or dcarman@denverpost.com .
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