by John M. Curtis
(310) 204-8700

Copyright July 19, 2003
All Rights Reserved.

tanding accused of “sexual assault,” Laker superstar Kobe Bean Bryant, with his wife Vanessa at his side, sucked it up in front of the press at Staples Center, admitting he committed adultery but denying any criminal wrongdoing. “I'm innocent,” said Kobe, rejecting charges he forced the unnamed ex-cheerleader into submission. Stunning the sports world on July 4, few people imagined that 34-year-old Eagle County Dist. Atty. Mark D. Hurlbert would really file charges, based on the accusation of a 19-year-old hotel worker. Sounding ominous, the DA's complaint alleged that Bryant had “caused sexual penetration or intrusion . . . caused by submission of the victim by physical force,” essentially accusing the NBA star of rape. Hurlbert said he reached the conclusion based on an extensive review of the evidence and believes he can prove the state's case beyond a reasonable doubt.

      Kobe's press conference attempted to counter the DA's charge outlined in the formal complaint and rehabilitate his sullied image. “I sit here before you guys embarrassed and ashamed for committing adultery . . .” Kobe told a transfixed press, still reeling from Hurlbert's formal complaint. Since leaving Philadelphia's Lower Merion High and going directly into the NBA in 1997, Kobe has had an impeccable image, proving a goldmine for corporate sponsors. With dazzling skills, chiseled looks and suave personality, Kobe showed poise and maturity well beyond his years. Unlike the “bad boys” in his sport, Kobe put his aggression on the court, not in sordid mishaps too often involving drugs and violence. If convicted, Kobe faces anywhere from probation to life in prison with up to $750,000 in fines, though first-time offenders typically serve an average of four years.

      Claiming that he agonized over the decision for two weeks, Hurlbert now says he has compelling evidence against the three-time NBA champion and future hall-of-famer. That evidence includes the victim's personal charge and statements, direct evidence, including hair, fiber and DNA, medical exams, and clothing and underwear, and indirect evidence, including testimony by third-party observers like hotel guests and bodyguards. Strangely reminiscent of the 1994 OJ case, the prosecutor, at that time Marsha Clark, was absolutely convinced of her “mountain of evidence.” DNA evidence, while scientifically compelling, doesn't tell the whole story, especially whether sex was consensual or forced. Kobe's public confession already established that adultery occurred, no longer using DNA to identify the perpetrator. Taking two weeks to file suggests that Hurlbert's case is far from airtight.

      Sexual assault charges hinge not only on compelling physical and circumstantial evidence but on reputations of alleged victims and perpetrators. When former heavyweight champ Mike Tyson was convicted of raping Desiree Washington in 1992, his bad-boy reputation preceded him. No matter what victims' allege, jurors will weigh heavily not just direct and circumstantial evidence but images and reputations. Despite Hurlbert's confidence, no single piece of evidence proves rape cases beyond a reasonable doubt without evaluating character and personality of the alleged perpetrator. In the murky area of human behavior, it wasn't compelling evidence that convicted Tyson of rape: It was Tyson's track record of erratic behavior. Splitting hairs over DNA, consensual sex, rough sex, or individuals either intoxicated or swept away during a steamy moment, make proving “sexual assault” especially problematic.

      Charges of erratic or criminal behavior make bad bedfellows with commercial endorsements. Kobe's mischief hurts his appeal with his key sponsors, especially wholesome companies like Nike, McDonalds, Sprite, Upper Deck trading cards, yet sexual indiscretions are far less devastating than racially incendiary remarks. Ask syndicated radio talk show host Michael Savage what happens with crude remarks about AIDS and homosexuals. Atlanta Braves relief pitcher John Rocker still hasn't recovered from his racial tirade in Sports Illustrated. Even conservative paragon and morals maven Bill Bennett paid dearly for his compulsive gambling. With sexual peccadilloes in the headlines and nearly bringing down former President Bill Clinton, the public has far more tolerance for sex, financial malfeasance or even violence. No one likes to see clean-cut role models and icons take at hit—but Kobe's commercial appeal will survive.

      Nobody expects 24-year-old athletes to be paragons of virtue. “I'm a human being,” said Kobe. “I'm a man just like everybody else. I mourn. I cry just like everybody else. And I sit here before you guys [the press], embarrassed, and ashamed for committing adultery,” letting his fans know that he messed up. Certainly rape carries very different implications than extramarital affairs. But even under the best of circumstances, alleging “sexual assault” involves more than honest misperceptions about sexual contact. Kobe's victim may cry “rape,” but broken plans and changed expectations don't constitute “sexual assault” without proving intent and demonstrating violent motives. Determining consent or coercion, pain or pleasure, stems from muddled evidence, ultimately resting on the credibility of the parties. With Kobe's track record, Hurlbert should throw in the towel.

About the Author

John M. Curtis writes politically neutral commentary analyzing spin in national and global news. He's editor of OnlineColumnist.com and author of Dodging The Bullet and Operation Charisma.

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