She appears to be seeking $75k in damages. I would think she could pretty much just ask for that and sign an NDA and all would be well at this point. That said, it seriously looks like she won't win either a civil or criminal case at this point with the evidence the defense wants to bring against her.
http://sports.espn.go.com/nba/news/story?id=1856400
Kobe Bryant's Accuser files Federal Civil Suit
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noel
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Kobe Bryant's Accuser files Federal Civil Suit
Oh, my God; I care so little, I almost passed out.
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masteen
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Don't forget the "unspecified" punitative damages. I for one am shocked that this is coming to civil court. Who could have imagined that this nice young woman would go after Kobe's money?!? 
"There is at least as much need to curb the cruel greed and arrogance of part of the world of capital, to curb the cruel greed and violence of part of the world of labor, as to check a cruel and unhealthy militarism in international relationships." -Theodore Roosevelt
Imho this case not only hurts other rape victims, but it makes a mockery out of them as well. I've said all along that this case stinks and that something wasn't right, and when I think back to how she held the speech at the rape victims support meeting or whatever it makes me feel sorry for real rape victims.
Yes I say that she isn't a real rape victim and I am not shocked whatsoever.
Yes I say that she isn't a real rape victim and I am not shocked whatsoever.
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Adelrune Argenti
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If you read the subarticle it says as follows,
Civil Suit Limits
The woman accusing Kobe Bryant of rape could have a difficult time winning more than $733,000 if she prevails in the civil lawsuit against the NBA star.
Though the case is in federal court, it would be tried under state law, which sets strict caps on civil damages, said Bill Keating, a 33-year attorney in Colorado.
Here is a look at the types of damages that can be awarded, and the caps that apply to each:
Noneconomic damages, including physical and emotional pain and suffering, loss of quality of life and emotional stress, cannot exceed $366,500 -- unless a jury decides to grant a higher award and the judge believes the evidence justifies the increase. In such cases, the increase can be no more than double the cap, or $733,000.
Economic-loss damages, including loss of earning capacity or wages and cost of future medical care, are not limited.
Physical impairment or disfigurement damages are not limited, but typically have to be permanent or severe to result in high amounts.
Punitive damages cannot exceed the total of compensatory damages, or the total award for non-economic losses, economic losses and physical impairment or disfigurement. Punitive damages can be awarded only if the plaintiff's lawyers prove beyond a reasonable doubt -- a higher standard than necessary to win compensatory damages -- that the defendant's conduct was willful, wanton and malicious. Punitive damages can be tripled if the judge finds that the harmful conduct continued during litigation.
-- Associated Press
Anyways, if they can't prove he's guilty beyond a reasonable doubt in a criminal case, they certainly won't be able to assure he is in a civil trial. However, he probably will be forking out multi-millions, most likely to his defense team. Looks like the girl would only be able to catch about 150k total if she wins the civil case.
Civil Suit Limits
The woman accusing Kobe Bryant of rape could have a difficult time winning more than $733,000 if she prevails in the civil lawsuit against the NBA star.
Though the case is in federal court, it would be tried under state law, which sets strict caps on civil damages, said Bill Keating, a 33-year attorney in Colorado.
Here is a look at the types of damages that can be awarded, and the caps that apply to each:
Noneconomic damages, including physical and emotional pain and suffering, loss of quality of life and emotional stress, cannot exceed $366,500 -- unless a jury decides to grant a higher award and the judge believes the evidence justifies the increase. In such cases, the increase can be no more than double the cap, or $733,000.
Economic-loss damages, including loss of earning capacity or wages and cost of future medical care, are not limited.
Physical impairment or disfigurement damages are not limited, but typically have to be permanent or severe to result in high amounts.
Punitive damages cannot exceed the total of compensatory damages, or the total award for non-economic losses, economic losses and physical impairment or disfigurement. Punitive damages can be awarded only if the plaintiff's lawyers prove beyond a reasonable doubt -- a higher standard than necessary to win compensatory damages -- that the defendant's conduct was willful, wanton and malicious. Punitive damages can be tripled if the judge finds that the harmful conduct continued during litigation.
-- Associated Press
Anyways, if they can't prove he's guilty beyond a reasonable doubt in a criminal case, they certainly won't be able to assure he is in a civil trial. However, he probably will be forking out multi-millions, most likely to his defense team. Looks like the girl would only be able to catch about 150k total if she wins the civil case.
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Sabek
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Civil cases are less strict on guilt than criminal cases.xZiBiT wrote: Anyways, if they can't prove he's guilty beyond a reasonable doubt in a criminal case, they certainly won't be able to assure he is in a civil trial. However, he probably will be forking out multi-millions, most likely to his defense team. Looks like the girl would only be able to catch about 150k total if she wins the civil case.
Sabek
Just Sabek
Just Sabek
Do the rape shield laws apply in a civil case where she's the plaintiff?
Makora
Too often it seems it is the peaceful and innocent who are slaughtered. In this a lesson may be found that it may not be prudential to be either too peaceful or too innocent. One does not survive with wolves by becoming a sheep.
Too often it seems it is the peaceful and innocent who are slaughtered. In this a lesson may be found that it may not be prudential to be either too peaceful or too innocent. One does not survive with wolves by becoming a sheep.