DENVER -- The
20-year-old accuser in the Kobe Bryant case filed a civil suit Tuesday
seeking an unspecified amount in monetary damages from the basketball
star, saying that he has a "history of committing similar violent sexual
assault on females."
The civil suit, labeled "Jane Doe vs. Bryant," was filed Tuesday in
federal court in Denver, the court assigned to Judge Richard Matsch.
The suit claimed the Los Angeles Lakers star raped the woman after
she went up to his room when he was staying at the Vail-area resort where
she was working. The claim that she was raped while bent over a chair
matches the criminal charge against him.
The civil court filing says:
On June 30, 2003, at approximately 10 p.m., Defendant Bryant
registered as a guest at the Lodge and Spa at Cordillera, a resort hotel
located in Eagle, Colo. The Plaintiff was employed as a front desk clerk
at the Cordillera Lodge and Spa.
After his check-in at the Cordillera Lodge and Spa on June 30,
2003, Defendant Bryant, out of the hearing range of his agents and
bodyguards, asked Plaintiff to come to his room to escort him on a
private tour of the resort hotel and its facilities.
Plaintiff agreed to Defendant Bryant's request and during the
tour of the hotel, Defendant Bryant flirted with Plaintiff and she was
flattered by his comments and interest in her.
After taking Defendant Bryant on an approximate 15-minute tour of
the hotel facilities, Defendant Bryant asked Plaintiff to escort him
back to his room.
After she entered his hotel room, Defendant Bryant asked
Plaintiff to join him in his jacuzzi but Plaintiff declined his offer,
informing him that she needed to clock out of work.
After Plaintiff declined Defendant Bryant's offer to join him in
his jacuzzi, Plaintiff attempted to leave the hotel room and Defendant
Bryant blocked her exit from the room, asking her for a hug.
Plaintiff hugged Defendant Bryant and he then began to kiss her
lips and neck.
After a short period of time kissing her, Defendant Bryant's
voice became deeper and his acts became rougher as he started touching
Plaintiff's breasts and groping her in her genital region and buttocks.
When Defendant Bryant began touching Plaintiff's breasts and
groping her in her genital region and buttocks, Plaintiff immediately
asked him to stop and informed him that she needed to leave the hotel
room.
Defendant Bryant refused to allow Plaintiff to leave the room and
stood between her and the room door.
Defendant thereafter physically restrained Plaintiff with force
and violence against her will by choking her with his hands around her
neck while bending her over a chair in the hotel room.
Defendant Bryant pulled his pants down and lifted Plaintiff's
skirt, pulling down Plaintiff's panties while continuing to restrain
Plaintiff by physical force and a perceived threat of potential
strangulation if she resisted his advances.
With (sic) she was bent over the chair and forced by Defendant
Bryant to remain in that position, Defendant Bryant sexually assaulted
and raped Plaintiff, by unlawfully and knowingly inflicting sexual
intrusion and penetration of her vagina against her will and without her
consent in violation of the laws of the State of Colorado, including in
violation of C.R.S. 18-3-402(1)(a) and 4(a).
The lawsuit claims that Bryant "has a history of attempting to
commit similar acts of violent sexual assault on females he has just met
and has thereby established a pattern and practice of such unlawful acts."
The civil complaint said as result of alleged assault, the woman
"has suffered stress, emotional distress and mental pain and suffering and
adverse physical consequences."
She has also "been subjected to public scorn, hatred, and ridicule
and has suffered threats against her life and physical safety," and "has
incurred special damages, including medical and legal expenses" the suit
said.
"The sexual assault and rape perpetrated by Defendant Bryant upon
Plaintiff was an intentional, criminal act," the suit said.
The accuser is seeking punitive damages against Bryant to "punish
(him) for his actions and to deter (him) from repeating his criminal
conduct."
The woman's attorney, John Clune, said she demands a trial by jury,
special damages and compensatory damages in excess of $75,000, and the
cost of her attorney's fees and expenses of the civil action.
Jury selection for Bryant's criminal trial begins Aug. 27. He has
pleaded not guilty to felony sexual assault.
A criminal case requires a higher standard of proof to convict, and
punishment can involve prison time. A civil case has a lower standard of
proof, and punishment is usually a monetary award.
If convicted, he faces four years to life in prison or 20 years to
life on probation, and a fine up to $750,000.
"It seems like this is the latest move in the accuser's exit
strategy from the criminal case. The chance that the criminal trial will
go forward has become more remote," said 7NEWS Legal Analyst Craig
Silverman. "The criminal case will not be helpful if the goal is to obtain
money from Kobe Bryant. Let's say the criminal case goes forward. If he is
acquitted, then he will have very little incentive to settle the case
because the humiliating facts will have already been exposed and he will
probably win the civil case too. If somehow Kobe Bryant is convicted, his
$137 million Lakers contract goes away, he will probably be incarcerated
and he may go broke faster than you can say 'Mike Tyson.'"
"It's a terrible time to file this if there is actually going to be
a criminal trial. It provides further ammunition for team Kobe's
contention that her primary motivation is money," Silverman added. "It's
also an interesting way to get around the court's gag order. They have put
forth the accuser's version of events and thrown in the cheap shot that
Kobe Bryant is some kind of serial sex offender."
The question has arisen why her attorneys filed the civil case in
U.S. District Court in Denver.
"The alternative is to file in District Court in Eagle, where Terry
Ruckriegle is the presiding judge, or they could have filed the case in
Los Angeles, where Bryant is the local presiding hero," Silverman said.
Read Official Civil Court Filing
Previous Stories:
- August 9, 2004: Accuser's
Attorneys Blast Bryant Judge
- August 6, 2004: Bryant
Accuser Tries To Rebound From Rulings, Gaffes
- August 5, 2004: Gag
Order Expands After Bryant Accuser's Lawyers Speak Out
- August 4, 2004: Kobe
Bryant's Accuser May Drop Criminal Case
- August 3, 2004: Transcripts:
Prosecution Feared Evidence Rulings Favoring Kobe
- July 30, 2004: Judge
Apologizes For Court Mistakes
- July 29, 2004: Defense:
Accuser Received $17K From Victims' Compensation Fund
- July 28, 2004: Kobe
Bryant Court Battle Heats Up Following Latest Mistaken Release
- July 27, 2004: Judge
May Release Edited Bryant Transcripts
- July 26, 2004: Prosecutors
Still Pursuing Bryant Trial Despite Big Setback
- July 26, 2004: Media
Pushing To Overturn Judge's Order Barring Bryant Transcripts
- July 25, 2004: Bryant
Trial Judge's Review Panel Includes DA
- July 23, 2004: Judge
Will Allow Bryant Accuser's Sexual History At Trial
- July 22, 2004: Media
Asks U.S. Supreme Court To Block Ruling Bryant Case
- July 19, 2004: Attorney:
Online Postings Puts Bryant Accuser In Danger
- July 19, 2004: Supreme
Court: Media Can't Publish Bryant Transcripts
- July 16, 2004: Bryant
Jury Summonses Mailed, Man Who Made Threat Sentenced
- July 13, 2004: Bryant
Accuser's Attorney Cautions Judge On Sexual-History Decision
- July 9, 2004: Bryant
Attorneys Don't Want Cameras In Court
- July 8, 2004: Media
Urges Courts To OK Publication Of Bryant Transcripts
- July 7, 2004: Source:
Nuggets GM Meets With Kobe Bryant
- July 2, 2004: Judge:
Releasing Transcripts Would Jeopardize Bryant Trial
- July 1, 2004: Eagle
DA To Remain On Sidelines During Kobe Trial
- June 29, 2004: Colorado
Supreme Court Asks Bryant Judge To Explain Himself
- June 26, 2004: Bryant
To Go To Trial Aug. 27
- June 22, 2004: Bryant
Hearing Ends With No Trial Date Set
- June 21, 2004: Kobe
Hearing: What Is Consent?
- June 17, 2004: Under
New Rule, Jurors Can Question Bryant Witnesses
- June 1, 2004: Judge:
Accuser Cannot Be Called 'Victim' At Bryant Trial
- Archive
of stories
Related Stories:
- July 29, 2004: Craig's
Court: Compensation For What?
- July 26, 2004: Craig's
Court: Kobe Bryant and Bill Clinton
- June 20, 2004: Craig's
Court: Can Momentum Be Stopped?
- May 31, 2004: Craig's
Court: Credibility Lost
- May 25, 2004: Craig's
Court: Strength In Numbers, Weakness Without
- May 11, 2004: Craig's
Court: A Weird Event In A Strange Case
- April 29, 2004: Craig's
Court: Almost Winning Time
- April 6, 2004: Craig's
Court: The Defense Fires Back
- March 30, 2004: Craig's
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- March 26, 2004: Craig's
Court: Misreading Or Misleading Or Retreating?
- March 17, 2004: Craig's
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- March 12, 2004: Craig's
Court: DA Calls Time Out -- What Is Going To Happen Now
- March 2, 2004: Craig's
Court: Are Those White Flags?
- March 1, 2004: Craig's
Court: Role Reversal
- February 4, 2004: Craig's
Court: You Are Free To Go
- February 2, 2004: Craig's
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- January 31, 2004: Craig's
Court: Tabloid Time -- The Shapiro Factor
- January 23, 2004: Craig's
Court: OJ, JonBenet, DNA and Lotsa Delays
- January 13, 2004: Craig's
Court: Relevant Evidence Or Character Assassination?
- January 9, 2004: Craig's
Court: Kobe's Body Is Different Now
- December 29, 2003: Craig's
Court: How Slow Can You Go?
- December 15, 2003: Craig's
Court: The Good, The Bad and The Ugly
- December 8, 2003: Craig's
Court: A Tale Of Two Shirts
- November 21, 2003: Craig's
Court: The Wacko Jacko Impact On Kobe Bryant
- November 20, 2003: Craig's
Court: 101 Dull Motions
- November 19, 2003: Craig's
Court: Probable Cause Equals HIV Testing
- November 18, 2003: Craig's
Court: The Invitee and the Intruder
- November 13, 2003: Craig's
Court: Non-Destructive Stalling In Kobe Bryant's Case
- Nov. 12, 2003: Craig's
Court: A Lawyer's Blog On The Bryant Case
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