Brian Perry
Senior HTF Member
- Joined
- May 6, 1999
- Messages
- 2,807
Talk about speculation based on no facts!True Crawdaddy, but I'm just trying to visualize the way this is going to unfold. Despite my comments about the case, I haven't formed any opinions about Kobe's guilt or innonence. I'm simply looking at what evidence could be introduced and whether it would be admissible.
The only thing we really know is that the two had sex. The physical evidence apparently shows it and Kobe has now confessed to that. From there, the issue is whether it was coerced or consensual. My point was that it is almost impossible for Kobe to prove it was consensual (lacking a video recording or something like it) because the very idea of "consensual sex" has evolved to the point that the woman must give continual consent (or conversely, can stop the process) practically up until the male climaxes.
I suppose that could be the basis for an entirely separate discussion. Perhaps that will be the one silver lining in this trial--furthering the debate about what "no means no" really means.
(Also, to clarify, I know the burden of proof is not on Kobe to prove consent but on the prosecution to prove coercion.)