The Denver Post
Judge allows some of accuser's sex history at Bryant trial
Friday, July 23, 2004 - In a huge victory for Kobe Bryant, the judge in
the NBA star’s sexual assault case ruled today that his accuser’s
sex life during the week of their encounter can be used against her
at trial.
District Judge Terry Ruckriegle said details of the woman’s
sexual activities in the three days before her July 1, 2003,
hospital examination are relevant to help determine the cause of
her injuries and the source of DNA evidence. He also said the
credibility of the accuser was a factor.
Colorado’s strict rape-shield law, which generally prevents the
sex life of an alleged assault victim from being admitted as
evidence, does not apply to all the information Bryant’s lawyers
want to introduce, the judge said.
He said he was persuaded by the defense that “specific
instances of sexual activity” and evidence of sex can be offered
to bolster their contention that her injuries were not caused by
Bryant.
A prosecution spokeswoman, Krista Flannigan, did not immediately
return a call today. John Clune, the accuser’s attorney, declined
to comment.
Bryant, 25, faces an Aug. 27 trial on a single charge of felony
sexual assault. He has pleaded not guilty, saying he had consensual
sex last summer with the woman, then a 19-year-old front desk
worker at a Vail-area resort.
If convicted, the Los Angeles Lakers star faces four years to
life in prison or 20 years to life on probation, and a fine up to
$750,000.
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