Judge says Bryant accuser can't be called 'victim'
(Agencies)
Updated: 2004-06-02 10:20

The woman who accuses Kobe Bryant of rape cannot be called a "victim" in court proceedings as the prosecution wants, the judge in the Los Angeles Lakers guard's sexual assault case ruled on Tuesday.

Kobe Bryant (2L), shown here May 11 standing before Judge Terry Ruckriegle (R) with his lawyers. Ruckriegle ruled that Bryant's rape accuser cannot be referred as 'the victim' in court. [AFP]

"The common understanding of the term 'victim' certainly implies that a person has been the subject of a particular wrong or crime and its use under these circumstances could improperly suggest that a crime has been committed," Eagle County District Judge Terry Ruckriegle said, adding:

"The Court therefore concludes that the term 'victim' at trial would be inappropriate under the alleged facts."

Prosecutors have charged Bryant with sexually assaulting the 19-year-old woman on June 30, 2003, at an Edwards, Colorado, hotel where she worked. Bryant, 25, admits that he had sex with the woman, but says that it was consensual. He has pleaded not guilty to the charges and a trail date has yet to be set.

Bryant's attorneys had argued that prosecutors' use of the term victim would jeopardize Bryant's right to a fair trial.

The judge said the accuser will be referred to as the complaining witness or alleged victim in pre-trial hearings, but that she will be identified by her name at trial.

Former Denver prosecutor and legal analyst Craig Silverman said the ruling is unprecedented. "I cannot recall a Colorado court making this type of ruling, but I can't remember that a motion like this has ever been filed," Silverman said.

"This is a significant victory for team Kobe but not one that will determine the outcome of the case."

Bryant scored 20 points on Monday night as the Lakers clinched a spot in the National Basketball Association championship finals with a 96-90 victory over the Minnesota Timberwolves.

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