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Bryant settles civil lawsuit, terms not disclosed

Old 03-02-05, 09:23 PM
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Bryant settles civil lawsuit, terms not disclosed

DENVER (AP) -- Kobe Bryant and the 20-year-old woman who accused him of rape nearly two years ago settled her civil lawsuit against him Wednesday, ending a sordid case that tarnished one of the NBA's brightest young stars.

Terms were not released. A statement faxed to The Associated Press by Bryant's attorneys said only that the matter had been resolved "to the satisfaction of both parties."

"The parties and their attorneys have agreed that no further comments about the matter can or will be made," the statement said. A motion for dismissal stipulating that the case can never be refiled was filed simultaneously in Denver federal court.

A Los Angeles Lakers spokesman said Bryant had declined comment on the settlement. Bryant was in Boston for a game against the Celtics and was unavailable before the game began.

The agreement probably spells out financial penalties for revealing any details, said Steve Cron, a Los Angeles attorney familiar with celebrity cases.

"It's in both parties' interests to have this remain confidential," he said. "That's one of the incentives for them to settle: He didn't have to do a deposition, the lurid details wouldn't be posted on some Web site, she didn't have to face the rigors of having a deposition by his lawyers and she'll gain some privacy as well."

The lawsuit, filed three weeks before the criminal case against the NBA star collapsed last summer, sought unspecified damages for mental injuries, public scorn and humiliation the woman said she has suffered since their June 2003 encounter at the Vail-area hotel where she worked. The woman, now pregnant and married, has not commented publicly on the case.

Bryant, a 27-year-old married father of one, apologized for his "behavior that night and for the consequences she has suffered," but insisted the sex was consensual. He has never been questioned under oath about what happened in his hotel room the night before he had knee surgery at a Vail clinic.

Shortly after jury selection began in the criminal case, prosecutors in Eagle County dropped the single felony sexual assault count after the woman told them she could not take part in a trial. Prosecutors said they were confident they could win a conviction, but only with her cooperation.

The lawsuit was similar to the criminal case, accusing Bryant of flirting with the woman during a tour of the Lodge & Spa at Cordillera. After the two ended up in his room, they began to kiss and Bryant became more aggressive, finally holding her by the throat while he raped her, the lawsuit said.

Like the criminal case, the civil case ultimately would have rested on the testimony of a woman Bryant's attorneys accused of being a promiscuous, attention-seeking liar. Among other things, the defense suggested she had sex with someone after leaving Bryant and before she contacted authorities -- a claim her attorneys hotly contested.

Speculation that a settlement was close increased Monday after L. Lin Wood, one of the woman's attorneys, said Bryant's long-awaited deposition three days earlier had been called off.

Colorado law makes it difficult for plaintiffs in civil cases to win more than about $733,000. Wood has said that amount was too low to fairly compensate the woman for the harm she claimed to have suffered, but dropped the idea of filing suit in California.

Sports marketers have estimated Bryant lost $4 million to $6 million in endorsement contracts after his arrest. Cron said there was no way to accurately guess how much Bryant had agreed to pay.

"If I were his lawyer, you obviously want to do the best you can for him, but there's an awful lot of value in just ending this, saying write a check, go home, have a good night's sleep and put it behind you," Cron said.

Legal experts said speculation about the settlement will probably last for days.

"It's not the assassination of John Fitzgerald Kennedy, it's not the disappearance of Jimmy Hoffa, it's not even the unsolved murder of JonBenet [Ramsey]," said Denver attorney Scott Robinson, who followed the case. "In a few more days this story will gratefully have run its course and be but a footnote in the story of the life of Kobe Bryant and hopefully a similar blip on the radar screen of this young woman's life as well."

He said the fact that neither the criminal nor the civil case ever made it to trial "certainly seems to indicate that the case was much less about vindication and far more about compensation."

Cynthia Stone, spokeswoman for the Colorado Coalition Against Sexual Assault, said she hopes the settlement brings some sense of justice and closure for the woman, who moved from state to state to avoid media scrutiny last year.

"The defense team in the criminal case managed to get reams of paper filled with rumor and innuendo about this young woman's prior sexual history out into the public," Stone said.

As a result, victims' advocates are lobbying for a bill intended to tighten Colorado's "rape shield" law. The bill would clarify that nothing about an alleged victim's sexual history would be made public unless the judge determines it is relevant to the case.

Bryant signed a seven-year, $136 million contract with the Lakers last year and he had a five-year, $45 million deal with Nike signed days before the allegations surfaced. He has not appeared in the shoe maker's commercials since then. His contract with Coca-Cola expires this year, and McDonald's and Nutella did not renew their deals with Bryant after his arrest.

The settlement will likely clear the way for Bryant to return to more public endorsements, but that depends on his behavior, said David Carter, a sports marketing consultant with the Los Angeles-based Sports Business Group who pointed to Bryant's recent tiff with former teammate Shaquille O'Neal.

"That exposed Kobe Bryant to the on-court persona that a lot of fans really speculated on but never realy knew. They thought they knew Kobe, nice smile, beautiful wife, but when you get right down to it, how much do you really know?" Carter said.
Old 03-02-05, 09:46 PM
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I'm sure she got a few million, and is happy now.
Old 03-02-05, 11:56 PM
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I'd like to have seen Kobe fight this all the way as I think he did not rape her and she doesn't deserve a penny but I totally understand his desire to get the whole thing behind him.
Old 03-03-05, 07:59 AM
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Originally Posted by movielib
I'd like to have seen Kobe fight this all the way as I think he did not rape her and she doesn't deserve a penny but I totally understand his desire to get the whole thing behind him.
Yeah, but the thing is it's either do this and sign a non-disclosure agreement, or fight it and have her all over the talk show circuit talking bad about him. This is the least messy way to deal with the situation.
Old 03-03-05, 08:04 AM
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What could she say that would do more damage than it already has? We all know now he is an adulterer. For a married guy that is the worst thing that could happen, i guess. After that even if she claimed she is pregnant, he has a small "Johnson", was a quick shooter, etc, all of that is secondary to the fact he cheated on his marriage. The only allegation he had to beat was rape and it is possible looking at what has been reported about this girl Kobe had a very good chance of beating that.

The only thing this would have been was a distraction. His quickness to settle leaves me to wonder if he did force himself onto her.
Old 03-03-05, 08:11 AM
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This is the kind of thing that is going to change nobody's mind. And I've already seen it from the responses in this thread.

For people who think that he did it, it'll "prove them right", because he wouldn't have settled without having been guilty, right?

For people who think he didn't do it, it'll "prove them right", because it will prove that "she's always been out for money"
Old 03-03-05, 04:08 PM
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Originally Posted by POWERBOMB
What could she say that would do more damage than it already has? We all know now he is an adulterer. For a married guy that is the worst thing that could happen, i guess. After that even if she claimed she is pregnant, he has a small "Johnson", was a quick shooter, etc, all of that is secondary to the fact he cheated on his marriage. The only allegation he had to beat was rape and it is possible looking at what has been reported about this girl Kobe had a very good chance of beating that.

The only thing this would have been was a distraction. His quickness to settle leaves me to wonder if he did force himself onto her.
WIldcat's post is right, it proves nothing either way. As to what she could say, I don't know specifics. However, I do know that she had an entire DA's office convinced that Bryant raped her (I know that for a fact, because I know someone who worked in that DA's office). So she obviously is pretty convincing in person, whether it's the truth or a lie.

Remember, nobody has heard her story, really, nobody has actually heard her publicly tell it. So there is a LOT of damage that could have still been done to Kobe. Starting with losing the civili suit, but even if he didn't, her publicly telling her story, under oath, could wreak way more havoc on his image than already has been. He had a lot to lose, and had very good reasons to settle, that had nothing to do with guilt or innocence.

In other words, when you say "The only allegation he had to beat was rape" that's a pretty freaking serious allegation, and whether he beat it in court wouldn't necessarily make a difference.
Old 03-03-05, 04:15 PM
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Good - now hopefully within a week, this Kobe nonsense won't take up time that could be better used for other discussions on PTI.
Old 03-03-05, 08:37 PM
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Originally Posted by LurkerDan
In other words, when you say "The only allegation he had to beat was rape" that's a pretty freaking serious allegation, and whether he beat it in court wouldn't necessarily make a difference.
It is a serious allegation, but at this point it is one that he should have tried to beat in the courts. If he was just going to pay her off he should have done so at the beginning, before she went to the cops.

This being a civil matter he had a better chance of beating a "he said, she said" allegation than before. Silly me, but if you're innocent then you fight the charges. It's not like he doesn't have the money to see this thru.
Old 03-03-05, 11:19 PM
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Originally Posted by POWERBOMB
This being a civil matter he had a better chance of beating a "he said, she said" allegation than before.
Actually, the burden of proof for the plaintiff in a civil case (preponderance of the evidence) is much lower than the burden of the prosecution in a criminal case (beyond a reasonable doubt).

Silly me, but if you're innocent then you fight the charges. It's not like he doesn't have the money to see this thru.
Sure he has the money but look at the entire picture. Fighting the case, even if he wins, would cost much more in attorney's fees than paying her off. More importantly, it would take up another year or more of his life with depositions, pretrial stuff and then a very long trial. Plus, he'd probably have to reveal a lot more embarrassing things about his personal life (so would she but that doesn't make Kobe look any better, it just makes her look worse as well).

And remember, he did fight the criminal charges all the way; it was she who gave up on that.

His quickness to settle leaves me to wonder if he did force himself onto her.
Let's see, it's been 20 months since the incident, almost 7 since the civil suit was filed and 6 since the criminal charges were dropped. Perhaps that seems "quick" to you, it doesn't to me.

As I said, I'd like to have seen him fight all the way and I think he would have won in the end. But that's a lot easier for me to say than for him to actually have to live through. I don't think any conclusion about Kobe's guilt or innocence can be fairly drawn from the settlement (although that won't stop people from doing so) because he had a lot more reasons to settle than just whether or not he did it .
Old 03-04-05, 12:49 AM
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I want to know why AP didn't have the balls to even mention her name. We can keep dragging Kobe's name through the mud, whether he's innocent or not, but let's not bring up the accuser's name. What a load.

BTW - this isn't a pro-Kobe thing, because I've lost a ton of respect for him already....but I don't care for the way the current legal system allows for the accused person's name to be raked over the coals while the "accuser" gets to hide behind a veil of secrecy. There's no reason we should even know about this case at all unless there was a verdict in court and Kobe was found guilty. Period.

Oh - and after re-reading that story again, anyone else notice that the accuser is now pregnant and married? She works quick.

Last edited by SleepyW; 03-04-05 at 12:52 AM.
Old 03-04-05, 01:20 AM
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Originally Posted by SleepyW
I want to know why AP didn't have the balls to even mention her name. We can keep dragging Kobe's name through the mud, whether he's innocent or not, but let's not bring up the accuser's name. What a load.

BTW - this isn't a pro-Kobe thing, because I've lost a ton of respect for him already....but I don't care for the way the current legal system allows for the accused person's name to be raked over the coals while the "accuser" gets to hide behind a veil of secrecy. There's no reason we should even know about this case at all unless there was a verdict in court and Kobe was found guilty. Period.

Oh - and after re-reading that story again, anyone else notice that the accuser is now pregnant and married? She works quick.
Since the judge long ago said she had to put her name on her lawsuit and anyone could print her name, as far as I know only one mainstream media outlet has printed it: The Rocky Mountain News.

In the interest of the fairness no other mainstrem press entity will give to both parties, here is the RMN story:

http://www.rockymountainnews.com/drm...590849,00.html

Bryant lawsuit settled

Athlete avoids questions about deal in rape case

By Karen Abbott, Rocky Mountain News
March 3, 2005

Katelyn Faber's civil lawsuit against Kobe Bryant ended at 4:48 p.m. Wednesday with a one-sentence court document filed in Colorado U.S. District Court.

It said the Los Angeles Lakers basketball star and the 20-year-old Eagle County woman who had accused him of raping her had agreed that the lawsuit should be dismissed and asked Colorado U.S. District Judge Richard Matsch to dismiss it.

Lawyers for both sides then issued a two-sentence press release: "Kobe Bryant and Katelyn Faber jointly state that the matter of Faber vs. Bryant, Civil Action No. 04-M-1638 pending in the United States District Court for the District of Colorado, has been resolved to the satisfaction of both parties. The parties and their attorneys have agreed that no further comments about the matter can or will be made."

Bryant was in Boston for a game against the Celtics. Asked about the settlement after the game, Bryant asked, "Anybody with basketball questions, gentlemen?" Pressed a few minutes later, he again declined to comment and Lakers spokeswoman Allison Bogli said, "Basketball questions only."

No settlement terms were disclosed and lawyers who have observed the case said they likely never will be known publicly.

"Forget about it," Denver lawyer Scott Robinson said.

"Both sides want an airtight confidentiality agreement because neither Bryant nor the young woman wants to have their name besmirched repeatedly in the future by anyone who knows what happened," he said.

"That is not to say that they won't be besmirched," Robinson added, "but it will be by talk show hosts and on blog sites and not by anyone who actually knows anything."

"Regardless of the amount, both sides have an interest in keeping the amount confidential," he said. "She doesn't want the world to know that she was bought off for a pittance, and he doesn't want to admit that the settlement was for a prince's ransom."

Denver lawyer and CBS News legal commentator Andrew Cohen called the settlement "the least surprising legal development of the year."

"I think it always was a no-brainer that this case would settle," he said. "It's a win-win for both sides. It allows both of them to move on with their lives."

Cohen said the settlement was born in September on the day the criminal sexual assault case against Bryant, now 26, was dismissed in state court in Eagle County.

Although months of legal bickering followed in federal court, that was just routine jockeying on the way to settlement, Cohen said.

"It's this ritual where you have to sort of menace each other," he said.

Rumors of settlement have persisted since the criminal case was dropped - weeks after Faber filed her a civil lawsuit against Bryant - when Faber announced during jury selection that she would not proceed as a witness.

The cancellation of Bryant's long-delayed deposition in Orange County, Calif., last Friday further fueled those rumors.

"Obviously, the deposition scheduled last Friday was the catalyst," Cohen said. "Both sides knew that once Kobe Bryant had to testify under oath about intimate details of his life, there'd be no going back."

Bryant's lawyers asked Matsch to bar Faber's attorneys from asking him to list all his sexual partners and disclose other details of his sexual history. But Matsch refused to intervene.

Faber was never deposed in the civil suit by Bryant's lawyers, either.

Faber accused Bryant of raping her on June 30, 2003, at the luxurious Lodge & Spa at Cordillera in Eagle County. Bryant was a guest there and Faber was an employee.

Bryant, who is married, admitted having sex with the woman but insisted it was consensual.

He publicly apologized to Faber after the criminal case was dismissed, saying he had come to understand why she believed he had sexually assaulted her and that he was sorry for her pain.

Faber since has married and is expecting a baby.

Robinson said the settlement ended "this whole sorry saga of millions of people transfixed by a criminal case which aborts at the outset of trial followed by a civil suit settled in secret prior to deposition of either party."

Robinson said Bryant's celebrity focused worldwide publicity on the case.

Bryant lost lucrative endorsement contracts. Faber received death threats, and two men have been jailed for threatening her.

Charges are pending against another man who allegedly offered to kill her for Bryant.

"If this had been John Smith and Jane Doe, we wouldn't have even heard about it," Robinson said.

End of the line:

Fewer than 50 words concluded one of the most intensely covered cases in state history Wednesday:

STIPULATION OF DISMISSAL

Katelyn Faber and Kobe Bryant, by and through their respective attorneys, pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure, hereby stipulate to the dismissal of this action with prejudice and request that the court enter an Order of Dismissal with Prejudice.*

* Dismissal with prejudice means the action cannot be refiled.

The Associated Press contributed to this report.
Funny that no other mainstrem media outlet will print the full text of the Stipulation of Dismissal because it contains her name. They won't even print the press release jointly issued by both sides! Also funny that the AP "contributed" to the report. Obviously it did not contribute her name.
Old 03-04-05, 03:07 PM
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Originally Posted by movielib
I don't think any conclusion about Kobe's guilt or innocence can be fairly drawn from the settlement (although that won't stop people from doing so) because he had a lot more reasons to settle than just whether or not he did it .
We haven't agreed on a lot through this whole thing , but we're in 100% agreement on this.
Old 03-04-05, 03:08 PM
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Originally Posted by SleepyW
BTW - this isn't a pro-Kobe thing, because I've lost a ton of respect for him already....but I don't care for the way the current legal system allows for the accused person's name to be raked over the coals while the "accuser" gets to hide behind a veil of secrecy. There's no reason we should even know about this case at all unless there was a verdict in court and Kobe was found guilty. Period.

Oh - and after re-reading that story again, anyone else notice that the accuser is now pregnant and married? She works quick.
Well, as movielib noted, the incident was 20 months ago. She's not allowed to fall in love and get married and get pregnant because she (allegedly) got raped that long ago? I don't see how that's working "quick".

As for the first point, it is a valid point. However, I would point out that her name was pretty much available to anyone on the internet almost from the get-go. And if you think Kobe has been raked over the coals but she hasn't, you're not seeing the full picture.

Bottom line, if he did it, she has suffered a grave injustice given all that has happened and Kobe deserved way more raking than he got. If he didn't do it, he has suffered the grave injustice and she deserves everything she's received and WAY more.
Old 03-04-05, 05:00 PM
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Firstly, this was just going on last season - getting pregnant and falling in love, as you put it, in the matter of a year - yeah, I think that's quick work--considering what she was going through. Just seemed odd to me.

As for Kobes name getting dragged around and not hers, I think the AP story (and as Movielib pointed out) proves the slant and bias against him vs. her. And the only reason we knew her name was because Kobe was a celebrity and people dug into the case further to find out who she was. In a "normal" case, we'd know the man's name, but not the woman's. That was my point. Sorry you weren't able to extract that from my post where I discussed not liking the current legal system because of this.
Old 03-04-05, 07:17 PM
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Originally Posted by SleepyW
...
As for Kobes name getting dragged around and not hers, I think the AP story (and as Movielib pointed out) proves the slant and bias against him vs. her. And the only reason we knew her name was because Kobe was a celebrity and people dug into the case further to find out who she was. ...
Although I don't think it's right, I can understand why the media didn't print her name while the criminal case was in progress and the prevailing view these days (possibly including laws and judges' rulings) are that an accuser's name not be published. At that time it was still easy to find her name on the internet and the not very reputable tabloid, The Globe, printed it in a couple stories.

However, when the judge in the civil case made her refile her suit under her name and made it clear that anyone could now publish it, still hardly anyone did. I don't understand that, what's their problem? Kudos to the Rocky Mountain News for going against the "group" and publishing it in every story they wrote since then, just as both plaintiff and defendant would be named when writing about almost any other case.
Old 03-04-05, 07:25 PM
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Originally Posted by LurkerDan
...
Bottom line, if he did it, she has suffered a grave injustice given all that has happened and Kobe deserved way more raking than he got. If he didn't do it, he has suffered the grave injustice and she deserves everything she's received and WAY more.
Agree completely (except I don't think she deserved death threats in any event). Maybe we're closer than it has seemed.
Old 03-04-05, 07:27 PM
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I do love how well this thread is proving my above point.
Old 03-04-05, 11:20 PM
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You would like to think we could all agree that he shouldn't look for something outside he marriage but there are people who do. So it's no surprise that people don't always agree on anything. I'm sure he did what's best for him, so more power to him. I just would have liked to see it handled differently.
Old 03-05-05, 08:41 AM
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Wildcat, I'm not sure what you mean by we're proving your point? Your post was about this suit not changing anyone's mind about whether he's guilty or not. That's not even what we've been talking about.

And my wife and I were discussing Katelyn's pregnancy and marriage and LurkerDan's comments to the effect of 'she can't fall in love and get pregnant?' I don't know how many "rape vicitims" Dan knows, but I've known a few - even dated and got engaged to one. And I can say that from my experience, the first thing on their mind is not about having sex and getting into another relationship so quick. In fact, I think it's generally the opposite. With counseling, rapes can take years to get over, if they do at all. I realize that not all rape victims react the same, but I think it's a safe assumption about what I stated. SO if Katelyn really WAS raped, she sure doesn't follow the general pattern of one in regards to her social behavior since the "attack." Just seemed suspicious to me based on the mindset of someone who really was raped.
Old 03-06-05, 11:20 AM
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Note: The New York Post has now published Katelyn Faber's name and picture. I just heard the Post roundly criticized for doing so on CNN's Sunday morning show, Reliable Sources.
Old 03-07-05, 12:30 AM
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Originally Posted by SleepyW
And my wife and I were discussing Katelyn's pregnancy and marriage and LurkerDan's comments to the effect of 'she can't fall in love and get pregnant?' I don't know how many "rape vicitims" Dan knows, but I've known a few - even dated and got engaged to one. And I can say that from my experience, the first thing on their mind is not about having sex and getting into another relationship so quick. In fact, I think it's generally the opposite. With counseling, rapes can take years to get over, if they do at all. I realize that not all rape victims react the same, but I think it's a safe assumption about what I stated. SO if Katelyn really WAS raped, she sure doesn't follow the general pattern of one in regards to her social behavior since the "attack." Just seemed suspicious to me based on the mindset of someone who really was raped.
Actually, I used to work with many victims of domestic violence, and I disagree, my experience and training tell me differently. I'm not sure what general pattern you're referring to; is this something based on clinical studies, or just your feeling based on the rape victims you've known?

BTW, I never said that she was over it, getting married and expecting a kid don't necessarily indicate that (in fact, they probably don't at all). But a victim of rape may look for validation in many ways. Getting involved with someone else, trying to feel and act "normal" to put the rape behind you (suppressing it, often), is not unusual IMO. To me (and I imagine most rape experts), her being married and expecting some 20 months after the alleged rape says absolutely nothing about whether she was indeed raped.
Old 03-07-05, 07:26 PM
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I agree with the validation aspect, but this is a woman who if I remember had been with a few different guys before and after Kobe. She has the right to say "no" but it would have been difficult being a juror and hearing that this girl gets around more than the city bus.
Old 03-11-05, 12:26 PM
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http://sports.yahoo.com/nba/news?slu...v=ap&type=lgns

Woman who accused Bryant of rape repays money to victim compensation fund

March 11, 2005

AP - Mar 2, 8:13 pm EST


DENVER (AP) -- The woman who accused Kobe Bryant of rape has repaid $20,000 to Colorado's victim compensation fund, a week after reaching a settlement in her lawsuit against the NBA star.

Under state law, victim's compensation must be repaid when there is a civil award, regardless of the outcome of a criminal case. The money was repaid Thursday.

The 20-year-old woman reached an undisclosed settlement with Bryant on March 2. Her lawsuit, filed in federal court in Denver, sought unspecified damages for mental injuries, humiliation and public scorn after her June 2003 encounter with Bryant at the Vail-area resort where she worked.

The suit was filed seven months ago, just before prosecutors dropped the criminal charge against Bryant because the woman did not want to go ahead with a trial.

Bryant had pleaded not guilty to the criminal charge and said the two had consensual sex.

The victim compensation money became the subject of a heated dispute during the criminal proceedings when Bryant's attorneys suggested it gave the woman motivation to press charges.

John Clune, one of the woman's attorneys, declined to comment on the funds, saying he was prohibited from talking about the case under the terms of the settlement.

Updated on Friday, Mar 11, 2005 12:44 pm EST


Chris
Old 03-17-05, 10:51 PM
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She prolly paid cash and took the rest of her million to the nearest bar.........

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