Bryant attorneys challenge use of 'victim'
(Agencies)
Updated: 2004-05-05 14:12

The woman who has accused Kobe Bryant of sexual assault should be referred to in court by her name or as "the complaining witness," because calling her "the victim" implies the NBA star is guilty, his lawyers said in a court filing released Tuesday.

Judge Terry Ruckriegle gave prosecutors five days to respond.

State sexual assault law uses "victim" to describe a person who was allegedly attacked, but defense attorney Hal Haddon said that does not require judges or prosecutors to use the term.

"In a sexual assault case where the defendant asserts consent, the core dispute is whether a crime occurred at all, and therefore whether the complaining witness is a `victim' or not," Haddon said.

Bryant says he had consensual sex with the woman at the Vail-area resort where she worked.

He faces four years to life in prison or 20 years to life on probation if convicted of felony sexual assault.

Defense attorney Pamela Mackey used the woman's name six times during an October hearing, angering Judge Frederick Gannett. When Mackey said she would write herself a note not to use the name, Gannett responded: "Or I could get you a big muzzle."

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