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Bryant Accuser’s Name OK for Trial

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Times Staff Writer

The woman accusing Kobe Bryant of rape will be referred to by her name at trial and participants will be prohibited from calling her a “victim” in front of the jury.

Judge Terry Ruckriegle said in a ruling made public Tuesday that using the term “victim” would jeopardize Bryant’s presumption of innocence.

However, the judge denied a request by the Laker guard that he not be called a “defendant.”

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Bryant, 25, has pleaded not guilty to felony sexual assault stemming from an incident June 30 at a mountain resort. He has said he had consensual sex with the 19-year-old woman.

A trial has not been scheduled but is expected to begin in late summer or early fall.

Ruckriegle said he will continue to refer to the woman as an “alleged victim” and that she will be referred to in jury instructions as a “person.”

Four victims rights organizations had joined prosecutors in urging the judge to allow use of “victim,” saying in a court filing that the term “precisely describes her independent and distinct status in the criminal justice system.”

The ruling “forces the prosecution to use the term ‘alleged victim,’ which is totally against their most deep-seated beliefs,” said Cynthia Stone, spokeswoman for the Colorado Coalition Against Sexual Assault.

The woman will continue to receive benefits normally available to victims under Colorado law.

“The court rejects the suggestion ... that a refusal to permit reference to ‘victim’ at trial in any way jeopardizes any statutory victim’s rights or victim compensation rights,” Ruckriegle said.

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Bryant’s right to a fair trial, the judge said, is of primary concern.

“The common understanding of the term ‘victim’ certainly implies that a person has been the subject of a wrong or crime and its use in these circumstances could improperly suggest that a crime had been committed such that the presumption of innocence might be jeopardized,” he said.

The ruling was not a total victory for the defense because Ruckriegle said Bryant can be called a defendant “since it is an accurate reflection of his legal status.”

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