Wednesday, August 11, 2004
Bryant's accuser files civil lawsuit
Criminal case could be hurt
By Jon Sarche
The Associated Press
DENVER - The woman accusing Kobe Bryant of rape filed a federal civil lawsuit against the NBA star Tuesday, a move legal experts said could cripple the criminal case less than three weeks before the trial begins.
Attorneys asked for a jury trial and compensatory damages of at least $75,000, with punitive damages to be determined. John Clune and Lin Wood said the 20-year-old was owed money for the pain, "public scorn, hatred and ridicule" she has suffered.
To win a civil suit, a plaintiff must prove only that it is more likely than not harm was caused by the defendant. Prosecutors in a criminal case have to convince jurors beyond a reasonable doubt a defendant committed a crime, a higher standard of proof.
Prosecution spokeswoman Krista Flannigan said the state criminal case will proceed, but declined comment on whether the federal case would complicate the trial.
Bryant, 25, has pleaded not guilty to felony sexual assault. He has said he had consensual sex with the woman last summer. The Lakers star faces four years to life in prison or 20 years to life on probation, and a fine of up to $750,000 if convicted.
Legal experts said a civil trial would allow defense lawyers to claim in the criminal case that the woman's motives were purely financial.
Bryant's attorneys have already argued the woman falsely accused him to gain the attention of a former boyfriend, and that she was given nearly $20,000 from a victims' compensation fund.
"All of a sudden it looks like this whole thing was for money. If it's otherwise, then why would she file a civil case?" said Dan Recht, former president of the Colorado Criminal Bar Association.
Damages for pain and suffering in Colorado civil cases generally cannot exceed $733,000. Punitive damages cannot exceed the compensatory award and can be given only if allegations are proven beyond a reasonable doubt.
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