Kobe Bryant set to face accuser in Colorado court
(Agencies)
Updated: 2004-03-24 16:36

The woman who accuses basketball star Kobe Bryant of rape is expected to face him in court on Wednesday when she testifies behind closed doors about her sexual history, information the defense contends could destroy her credibility.

Los Angeles Lakers' starters (L-R) Gary Payton, Karl Malone, Kobe Bryant and Shaquille O'Neal look on during the third quarter of the Lakers' 104-103 win over the Milwaukee Bucks in Los Angeles, March 21, 2004. [Reuters]

Prosecutors had tried to shield her from having to answer questions about her sexual past, but Colorado's highest court earlier this month declined to intervene in the case.

The 25-year-old Los Angeles Laker star has denied he attacked the woman on June 30 at a Colorado resort where she worked and defense attorneys have been relentless in attacking the 19-year-old woman's account.

They have pointed to two suicide attempts which they say were aimed at gaining attention from her ex-boyfriend and said her accusation against Bryant follows the same pattern.

While Colorado's rape shield law protects people who report sexual crimes from having their sexual history examined during a trial, there are exceptions for compelling reasons, the defense has said.

They want to ask the woman about her sex life at a closed hearing, hoping the information elicited will convince Judge Terry Ruckriegle to admit it before a jury once the case goes to trial.

"The defense wants to do a multitude of things. First, they want to win the rape shield hearing. They also would like to win the medical waver issue," said Craig Silverman, former chief deputy prosecutor in Denver, referring to defense efforts to also have her medical and psychological records admitted as evidence before a jury.

The prosecution argues she never waived her right to keep her records confidential.

During the hearing, defense attorneys Hal Haddon and Pamela Mackey will also be sizing up the young woman to see how she stands up to tough questioning. The woman, a former college student, will also be asked highly personal questions about her sexual activity, Silverman said.

While defense attorneys will not have to worry about a jury or the public seeing them pose difficult questions to her, the judge will probably rein them in if they take too harsh a stance, he said.

The defense wants to counter an assertion by prosecutors that the woman suffered trauma after the rape by showing she had sexual relations in the hours just after she said Bryant raped her.

The defense will try to get around the Colorado rape shield and ask the woman about her sexual history by arguing that another man may have caused injuries to the woman's vaginal area.

The woman's attorney, John Clune, earlier this month strongly denied the young woman had sex within hours after her encounter with Bryant.

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