Who owes whom?

The charges against Kobe Bryant have been dropped. In bringing an ultimately unsustainable claim against Kobe Bryant, the accuser put a scar on Bryant's reputation that will never completely heal. In ordinary circumstances, her reputation would not have suffered because her identity, by law, would not be revealed. It is only from the high profile of the accused, gaffes by the civil servants involved, and the asymptotically diminishing cost of information that her identity was disclosed. Yet, she will likely garner damages from him in the upcoming civil suit which alleges "pain, suffering, and 'public scorn, hatred and ridicule' ."

In a just legal system, shouldn't she owe him?

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"In a just legal systen,

"In a just legal systen, shouldn't she owe him?"

At this point, I'd say no, she doesn't. The criminal case was the result of the state's decision to initiate a proceeding, unlike the civil case, which was initiated by the woman herself. The state certainly owes Bryant some restitution, I believe. (I further believe the voters of Eagle County should throw Mark Hurlbert out of office for his attempt to deflect blame for his office's inept performance on the accuser.)

The more disconcerting fact

The more disconcerting fact to me is not the dismissal of the criminal charges, but the fact that she is attempting, apparently successfully, to sue as an anonymous plaintiff. Protecting the victim's privacy in the criminal context is one thing, but to demand money and the privilege of anonymity makes a mockery of rape shield laws.

It's hard to discuss 'just'

It's hard to discuss 'just' in a case so botched up. I have the same concerns as Kip expressed regarding the civil suit.

I would also like to mention Kobe's wife. I have heard nothing but criticism and insults towards her from people when discussing this case. There's mention of a ring he bought her after his arrest. The insults are from men and women alike. I suppose this could be a whole 'nother subject, but why is it if the wife stays with the husband after an 'indiscretion' she is branded a whore for trying to keep her marriage together?


I'm not so sure. From an

I'm not so sure. From an economic viewpoint, let's see...if someone chooses to prosecute, then the negative impact on the accused, and on the accuser, is due to their actions...so if they are judged correct, they should receive extra benefits due to this cost to them, and if they are judged incorrect, they should be charged according to the cost imposed on the other person.

I think the trickiness here comes from it being a criminal case rather than a civil one. If the state is prosecuting the case and the victim is merely a witness, why is it her fault that this cost has been imposed on Kobe? I saw an analysis somewhere that suggests it was only due to prosecutor screwups that the whole thing came to a criminal trial instead of being settled out of court before it went public.

Also, shouldn't the state be liable for the cost to her reputation due to their leaking her identity?

BTW, I had a discussion on my livejournal about which of (accuser/accused) should be anonymous in rape cases.

"In a just legal system,

"In a just legal system, shouldnâ??t she owe him?"

If she's lying about what happened in that room, then yes of course. If she's telling the truth then I can't imagine how anyone would think she owes him something for bringing the charge against him, even if she can't ultimately prove it.

I think the legal system was unfairly stacked against Bryant in this case, he should not have been facing life for the offense even if accurately described, but I don't see how she can be held responsible for that if she was raped.

I give Bryant a pass because no strong case was made against him, but I don't know for sure he didn't do it.

Kobe and the accuser Charges

Kobe and the accuser
Charges against Kobe dropped, and Jonathan Wilde asks a fair question:The charges against Kobe Bryant have been dropped. In bringing an ultimately unsustainable claim against Kobe Bryant, the accuser put a scar on Bryant?s reputation that will never co...

But your comments mainly

But your comments mainly recited facts. Why do not you answer your own question? In a just legal system...?