Chris Schneider © News The parents of the alleged victim, center and right, leave court Wednesday after their daughter's criminal case against Kobe Bryant was dismissed. Bryant "doesn't have clean hands in this," says Denver attorney Dan Recht. "At a minimum, he was acting in an adulterous fashion. At worst, he forced a woman to have sex against her will."

Denver attorneys say trial wouldn't benefit Bryant, alleged victim

By Karen Abbott, Rocky Mountain News
September 3, 2004

They'll settle.

That's the legal experts' prediction for the federal civil lawsuit filed against Kobe Bryant by the woman who has accused him of raping her.

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"And Kobe's going to pay her a bunch of money," said Denver lawyer Dan Recht.

"And probably sooner rather than later," added Denver lawyer Scott Robinson.

"Most do settle," Denver lawyer Craig Silverman said of civil lawsuits in general.

Here, they said, are some factors affecting the federal civil case of Jane Doe vs. Kobe Bryant:

Money

Colorado law caps awards for noneconomic damages - such things as pain and suffering, humiliation and emotional distress - at about $366,000. With some legal arguing and maneuvering, that can be doubled in some cases.

Economic damages - for such things as medical expenses and possible lost wages - likely would be small.

Punitive damages aren't generally allowed in such cases, but if they were allowed in this case, they couldn't be higher than the amount of total damages, Robinson said.

He said that puts the highest possible award in the lawsuit at about $1.5 million.

Recht thought the maximum possible award would be closer to $1 million, and then only with difficulty.

Settlements reached out of court, however, have no limits.

"It seems to me she's wanting to be compensated in dollars," Recht said, "and Kobe Bryant has lots of dollars."

Bryant's current contract with the Los Angeles Lakers will pay him $136 million to play basketball for the team.

Embarrassment

Both sides have much to lose if the case goes to trial.

"Amazingly, most of the world still doesn't know the dirty details of the sexual act, and I'm sure Kobe Bryant would prefer it remain that way," Silverman said. "He's an international celebrity."

"He doesn't have clean hands in this," Recht said. "At a minimum, he was acting in an adulterous fashion. At worst, he forced a woman to have sex against her will."

Bryant's alleged victim also would have to face the public revelation of some information about her that was excluded from the criminal case: her medical and psychiatric history, including alleged suicide attempts and possible drug and alcohol abuse.

"And her entire social life becomes fair game for defense lawyers," Robinson said. "No case in Colorado applies the rape shield law to a civil case."

The rape shield law prohibits the use of evidence of an accuser's sexual history in criminal trials, unless it is found to be relevant to the defense.

In a civil trial, though, much more information about the woman's personal life would be relevant than in the criminal case.

"She's claiming that Kobe Bryant ruined her life," Silverman said, "and Kobe Bryant is entitled to show that she wasn't having that great a life before she ever met him."

On the other hand

The burden of proof in a civil case is easier to meet. Where a criminal charge must be proved beyond a reasonable doubt, a civil claim must be proved only by a preponderance of the evidence - a slight tilt in favor of one side.

In addition, Bryant couldn't invoke his Fifth Amendment rights against self-incrimination and refuse to answer questions. He would have to answer them.

Those rules could benefit the alleged victim.

Money again

Civil litigation is very expensive. Bryant can afford it.

But the alleged victim's lawyers, L. Lin Wood and John Clune, "may have to make a business decision," Silverman said.

He said they may have to pay all of the expenses upfront on their client's behalf - including such things as the cost of traveling to take depositions - in the hope of getting that money back from any award she eventually wins from a jury.

Unless Bryant's alleged victim loses at trial.

Then her lawyers might get nothing. Human nature

A trial could happen despite all the legal and financial obstacles if either Bryant or his alleged victim insists on going ahead.

"The only thing that remains to be resolved is everybody's desire to vindicate his or her own interests," Robinson said. "Those are the wild cards."

"Maybe Kobe wants to clear his name through a trial," Silverman said.

"Maybe she just righteously wants to go forward for the sake of having a public trial," Recht said.

"Maybe one of her lawyers just wants to depose Kobe Bryant," Robinson said.

In the end, the experts agreed, a settlement is likely because a civil trial would be a lot of trouble and expense and just isn't necessary.

"If a trial goes forward, they both have to go through the brain damage of the trial," Recht said.

"They can both get what they want without a trial," he said. "He can be done with this for a million-dollar-plus settlement, and she can get the money."

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