Los Angeles Lakers superstar Kobe Bryant stands accused of raping a 19-year-old Colorado woman back in June. But defense testimony during the pretrial hearing this week somehow has transformed Bryant's accuser into the defendant of the case.
Bryant's attorney, Pamela Mackey, introduced evidence that a pair of underwear worn by Bryant's accuser contained another man's sperm from a sexual encounter just days before Bryant allegedly committed rape.
And based on that evidence, the defense is claiming that Bryant is innocent since the injuries the accuser suffered could have come from multiple sexual encounters, not just rape.
Judge Frederick Gannett never should have allowed testimony of the accuser's sexual history. By doing so, a hearing to determine the evidence against Bryant now has turned into an inquiry into the sexual purity of his alleged victim.
Prior sexual engagements, whether they occurred one day or a couple of years before the alleged sexual assault, are not relevant to Bryant's hearing.
It should be as simple as this: When a woman claims she was raped - and evidence exists to support her accusation - then she deserves a trial by a jury of her peers. Other evidence is insignificant information and shouldn't matter until an actual trial begins.
There's still a good chance Judge Gannett will send the case to a trial, but the sexual history of Bryant's accuser has unnecessarily stigmatized the girl - a stigma that probably will stick with her as long as she lives.
Sexual harassment awareness has risen over the years with initiatives like workplace education, "Take Back the Night" campus events and public service announcements on television. While it appears our society is evolving to prevent sexual abuse, the Bryant case has taken a step backward into Medieval jurisdiction.
From the Middle Ages and on, women historically have been believed to be the source of men's improprieties, à la Eve and Original Sin. Those who were thought to be unchaste were ostracized and punished for their promiscuity, unless they were married.
But this isn't 16th century England. This is the United States in the 21st century, and sex is viewed in a totally different way. So why did the pretrial hearing seem full of Othello-like insinuations?
Bryant's accuser suddenly has been branded with a "Scarlet K," as Bryant's defense attorneys claim he must be innocent of rape because the alleged victim is, in so many words, a whore.
The message sent to other sexual assault victims is loud and horrible. Rape possibly could be the worst experience any woman could go through. Not only do rape victims feel helpless and violated - a stigma often develops, portraying them more as a piece of meat than a woman.
Only Bryant and his accuser know the full truth to the story. But if a woman alleges rape and there is strong evidence supporting her accusation, no other evidence should matter.
