NOW Alarmed By Court's Weakening of Colorado's Rape Shield Law

March 25, 2004

"Victim's rights are under assault in Colorado," said NOW President Kim Gandy. "Recent decisions in the Kobe Bryant trial are undermining rape shield laws intended to prevent intimidation and humiliation of rape survivors."

Yesterday, the 19-year-old woman accusing basketball player Kobe Bryant was questioned in a closed session about her sexual history before and after the alleged rape. Rape shield laws in Colorado normally prevent questions about the victim's sexual history, but Chief Judge W. Terry Ruckriegle granted the defense a closed session hearing where they were able to question the woman about sexual relations unrelated to the Bryant charges. The prosecutors had appealed to the Colorado Supreme Court to ask for limits on the questioning but this request was denied.

"What we are seeing here is a classic 'sluts or nuts' defense," said Gandy. "The defense lawyers are invading this woman's private life to characterize her as either crazy or provocative."

"Not only is this woman facing judgment in the courtroom, but she's on trial every day in the media," said Gandy. "The rape shield laws that should protect her privacy are being circumvented for this celebrity defense that will stop at nothing, even violating the law, to secure Bryant's acquittal."

"This defense team has already broken the rape shield law, repeatedly revealing the victim's name in open court to garner press attention," said Gandy. "I don't believe that questions in this 'closed hearing' will stay that way for long."

Future victims of sexual assault may not have the confidence to go forward with their claims if they see that rape shield laws are not enforced. Character assassination of this magnitude is a humiliating and deterring factor to women who may not be willing to suffer more intimidation and pain—and their rapists will go free.

"Why would a woman take the chance of being raped again by the courts?" asked Gandy. "This assault on personal privacy is unfair to this woman and to every woman who is a survivor of rape."

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