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A recent column in The Maine Campus’ Sports section about the “weak and borderline pathetic” case against NBA star Kobe Bryant, who is set to go to court on a charge of sexual assault, is one of the media’s many gestures in support of Bryant since the story broke out. But while it’s possible that Bryant’s accuser may not be telling the truth, the column insinuates that the woman got what she asked for when it says “why did she go to his room in the first place?”
Entering such dangerous territory guarantees that future rape victims might not come forward and name their attackers, for fear they will not be believed or that they will be publicly persecuted. Every year, less than one out of every three rapes in the U.S. is reported. That means that millions of women are being raped and are not reporting it to the authorities.
This case is given special attention because of Bryant’s notoriety in sports. Although it is not up to the media to decide who is telling the truth in this case, their predictions on the outcome will have an effect on the general public. But as Bryant undoubtedly has the best lawyers money can buy and a squeaky-clean (until now) reputation backing him up, he doesn’t need the media to cheer him on. If he’s innocent, he will walk free. If he’s not, he will go to jail.
In this country, people are innocent until proven guilty by a court of law. Until this case is closed, it’s too sensitive to make rash predictions. But it’s a fallacy to say that the prosecution has no case against Bryant. A Colorado judge found enough evidence, including photographs of the woman’s injuries and blood on her underwear and Bryant’s shirt, to move the case on. On that alone, it’s safe to assume that the case is not a slam dunk.
Furthermore, Bryant’s defense attorneys’ tactics of calling the alleged victims past sexual history into question is not only unethical, it’s also against the law. Colorado has strict rape-shield laws, and with good reason. It doesn’t matter how many people a person has slept with. Rape is rape and no means no. Whether the woman had sex with someone before her encounter with Bryant is inconsequential. Though it calls into question her character, it does nothing to change the facts of the case.
And finally, the fact that the alleged victim went about her daily routine after the incident does not imply that she was not raped. A woman who is raped is not always instantly paralyzed and unable to function normally. In fact, some can block the event from their memories completely.
It takes a lot of courage to admit you’ve been raped. By stepping forward, you face the possibility of a trial and being called a liar. So it’s easy to see why most women, or men, would not put themselves through that kind of public scrutiny. By assuming that Bryant is innocent, one is therefore assuming his accuser is a liar.
The real facts of the case will not be made clear until Bryant faces a judge and jury, which, unless he waives his right to a speedy trial, could be within the next six months. The trial will undoubtedly be another O.J Simpson-like circus, and the media will be chomping at the bit to make their own verdicts. Editorials that assume Bryant’s accuser is merely after “fame and bling” should consider the other side. Rape is a serious issue, and unless all accusations are taken seriously, millions of attacks will continue to go unreported, the victims’ voices silenced by the fear that they too could be accused of simply “bragging.”
Bangor Daily News