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Kobe Bryant's Accuser files Federal Civil Suit
Posted: August 10, 2004, 6:52 pm
by noel
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
Posted: August 10, 2004, 7:02 pm
by masteen
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?!?

Posted: August 10, 2004, 7:31 pm
by Kelshara
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.
Posted: August 10, 2004, 7:44 pm
by Winnow
Asking for 75K? I bet Kobe can't get the money to her fast enough.
Rich/famous people shouldn't be allowed to be charged with rape. It's a waste of time for everyone.
Posted: August 11, 2004, 9:41 pm
by Adelrune Argenti
Gee, what a shocker. The 75K is nothing. Watch for the $20 million in punitive damages coming soon. Oh, and the criminal case will be dropped in lieu of this civil trial. Money is always what motivated this case.
Posted: August 11, 2004, 11:35 pm
by xZiBiT
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.
Posted: August 12, 2004, 9:09 am
by Sabek
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.
Civil cases are less strict on guilt than criminal cases.
Posted: August 12, 2004, 9:16 am
by Mak
Do the rape shield laws apply in a civil case where she's the plaintiff?