Rape shield laws are intended to limit testimony about an accuser’s sexual and psychological history. They are intended to protect sex assault victims from humiliation and embarrassment. They were also designed to overcome the reluctance of victims of sex crimes to report them. But in the Kobe Bryant case, the media is exploiting her past mental problems as well as the unsavory rumors about her sexual past and presence. How much of this is relevant to the questionable character of both of these people that we will for now consider both victims of their own actions, whatever they were? There are a lot of circumstances surrounding the accuser and her life that has in the past six months or so been th

Aside from the relevance of promiscuity, (which shouldn’t hold water), the mental state of the accuser could be important if it could be concluded that there was some type of mental dysfunction at the time before and/or after there was a cry of rape. Now should any evidence pertaining to her psychological state be admitted into the actual trial to prove the defendant’s innocence? No it should not, except under extreme circumstances. Unless a person has a known history of accusing people of rape or if she is adjudged legally insane there is no reason a person should be subjected to such embarrassment about their mental history. Visits to see a therapist, the taking of anti-depressant pills, or other things that go to their mental state, should not be public knowledge and certainly should not be used to attack a person’s credibility. So far the alleged victim’s medical records are ruled inadmissible in the upcoming trial, but that doesn’t mean her medical or psychological condition at the time of the alleged rape took place will not be brought up during trial.

Like most states, Colorado has a “rape shield law” that generally protects victims from disclosures about their sexual conduct or reputation before or after an alleged assault. “But the Colorado law includes two exceptions: evidence about prior sexual conduct with the defendant and evidence that might show the acts charged were not committed by the defendant” (Stern pg1). Therefore, if in fact this woman did have sex with what is rumored to be several sex partners in the days before and after her encounter with Kobe, under the exceptions to the Colorado rape shield law, this conduct may be admissible into evidence. There should first be a thorough investigation to attempt to find out who caused the injuries that she claim to have sustained in the alleged attack with Kobe. The courts still should not undermine the idea that becaus

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