Bryant’s Accuser Required to Testify

In a one-sentence order Thursday, the Colorado Supreme Court declined to consider an appeal by prosecutors in the Kobe Bryant sexual assault case, meaning the woman accusing the Laker star must testify in a closed pretrial hearing and that there will be no limitations on questions from defense attorneys.

The 19-year-old woman is scheduled to testify during a two-day hearing beginning March 24 to determine whether her sexual conduct with other men is relevant and therefore not covered by the rape-shield law.

Hearings began March 2. Several of the woman’s former classmates at the University of Northern Colorado testified in Eagle County court. Bryant’s attorneys have subpoenaed about two dozen witnesses.

Dist. Atty. Mark Hurlbert and victim’s advocates lamented the high court decision, saying it could have a chilling effect on women who have been raped.

“I recognize that requests for petitions to be heard by the court are rarely granted, and we respect the court’s decision,” Hurlbert said in a statement. “However, we continue to have great concern about the humiliation the victim is being asked to endure at the hands of the criminal justice system. Furthermore, future victims may not report their victimization for fear of similar humiliation.”

Hurlbert said the decision would not derail the prosecution of Bryant.

Cynthia Stone, spokeswoman for the Colorado Coalition Against Sexual Assault, said that rape has one of the lowest reporting rates of any crime, with an estimated 16% of victims reporting to law enforcement.

“Fear of losing their privacy is a major reason victims don’t report,” she said.

“Now we are concerned that without any limitations on the defense’s questioning of the victim during the rape-shield hearing, that she will be subjected to extremely humiliating questions without regard to relevance to the case at hand.”

Bryant, 25, has denied raping the woman, saying they had consensual sex the night of June 30 at a mountain resort. He is charged with felony sexual assault.

Bryant’s attorneys have made it clear in court filings that the woman’s testimony is crucial to evaluating her credibility in what legal experts describe as a “he-said, she-said” case. At last week’s hearing, Judge Terry Ruckriegle denied a motion from prosecutors to limit the scope of questioning from defense attorneys, prompting Hurlbert’s appeal.

Defense attorneys Hal Haddon and Pamela Mackey are expected to ask the woman about previous sexual partners and her mental health, hoping to support their contention she has a pattern of “attention-seeking behavior.” They also are expected to ask whether she had sex in the 15 hours after her encounter with Bryant and before she had a medical examination.

The defense contends that injuries found on the woman during a hospital exam could have been caused by other sexual partners.