Kobe judge bars use of the term 'victim' at trial

[Champ]

Woman must be referenced by name, or as 'person'

DENVER -- Prosecutors, witnesses and other participants in Kobe Bryant's trial will be prohibited from using the term "victim" to describe the woman accusing the NBA star of rape.

In a ruling made public Tuesday, state District Judge Terry Ruckriegle said he agreed with Bryant's lawyers that the term implies guilt.

"Its use under these circumstances could improperly suggest that a crime had been committed such that the presumption of innocence might be jeopardized," Ruckriegle said. He said the 19-year-old woman must be referred to by name at trial and as a "person" in jury instructions.

Bryant's attorneys had also asked the judge to prohibit use of the term "defendant" in reference to the Los Angeles Lakers star. Ruckriegle rejected that argument, saying the term is "an accurate reflection of his legal status."


http://sports.espn.go.com/nba/news/story?id=1813590

[PVnRT]

1. Why?

Semantics is part of any legal argument, especially when a jury is involved.

Must be nice to be rich - you always get a nice, fair trial.

[qazplm]

4. I dont think it has anything to do with being rich

thats a standard legal argument in a case where consent is an issue.

In fact, as a defense attorney myself, I plan on making the exact same motion in an upcoming case I have...and I guarantee you my client aint rich ;)

[GOPisEvil]

2. I always see her referred to as "alleged victim".

However, Kobe IS a defendant. The state is acting as plaintiff, and has filed charges. In a criminal case, the person responding to the charges is the defendant. Isn't that law school 101? :shrug:

[stopthegop]

3. both rulings seem reasonable to me...eom