By Charlie Brennan, Rocky Mountain News
June 11, 2004

Kobe Bryant's defense was dealt a setback Thursday when a judge upheld the constitutionality of Colorado's "rape shield" law.

The Los Angeles Lakers star's lawyers had challenged the 29-year-old statute, which says that in a sexual assault case an alleged victim or witness' sexual history is presumed to be irrelevant, unless it can be shown to have a bearing on guilt or innocence in the case at hand.

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"We're pleased with the judge's ruling, but not surprised," said Krista Flannigan, spokeswoman for Eagle County District Attorney Mark Hurlbert.

Bryant's lawyers had argued that the rape shield law - paired with another Colorado statute that permits juries to hear evidence of other, uncharged sexual acts on the part of the defendant - robbed Bryant of his right to equal protection.

But Chief District Judge Terry Ruckriegle ruled that since prosecutors already have said they won't bring up other details of Bryant's sexual history at his trial, that defense argument is not applicable.

Also, Ruckriegle ruled, the rape shield law permits Bryant a closed-door hearing at which his lawyers can make their case that any presumptively irrelevant facts of his alleged victim's sexual history should, in fact, be fair game at trial.

The judge has been conducting such a hearing, in stages, since the first week of March. Bryant's alleged victim was forced to testify for it March 24 under defense subpoena.

It's not yet known when Ruckriegle will rule if jurors will hear any part of her sexual history.

Bryant's defense hopes to introduce testimony at trial that his alleged victim had sex with multiple partners in a 72-hour window around the time of her June 30 encounter with the athlete at the Lodge & Spa at Cordillera in Edwards.

The prosecution believes microscopic vaginal injuries she suffered were caused by forced penetration by Bryant, who has said the two had consensual sex.

The defense, however, attributes those injuries to the 19-year-old Eagle woman's allegedly having several partners in a short period of time - including a possible liaison less than 15 hours after her meeting with Bryant.

Cynthia Stone, spokeswoman for the Colorado Coalition Against Sexual Assault, said victim advocates were satisfied with the judge's order about the rape shield law. Every state in the country has some form of law guarding against "fishing expeditions" into the privacy of victims and witnesses, she said.

"It is not surprising that it has once again been upheld as constitutional," Stone said. "This law has withstood the test of time and multiple attacks by defense attorneys, and we attribute its longevity to its balance and fairness."

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