Wednesday, October 15, 2003

The problem with the promiscuity defense
Kobe's attorneys have hinted that they have evidence that the victim had sex with three men in three days around the time of the attack. I understand the defense - "if she's frequently very willing, then she was probably willing that night and in fact gave her consent." It all goes to the factual question of whether or not she gave consent, which can be difficult to discern when only the two people were there, and they have conflicting stories. The problem with the defense is two-fold: it paints a picture of sexually adventurous girls as impossible to rape, as though they can never withhold consent. That's just disgusting. More relevent to the case, I wonder how this alleged sluttiness goes toward mens rea in the case. If Kobe just met her, what difference would it make in his mind? If a crime took place, it happens (to a certain very importnat extent) in Kobe's head, and he would have no way of knowing if the girl was easy, or a virgin, or whatever. So it says nothing of mens rea at all. And it's obviously tacked on by the defense after the fact.

And in any case, I think to explore Kobe's mens rea, we should closely examine his sexual history to evaluate the liklihood that he sees all women as his own personal sex toys and that he could just take what he wanted.
Salon.com Life | Kobe's attorneys say they have evidence

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