In what has to be considered a death knell for the prosecution, the accuser of Kobe Bryant has filed a civil action seeking mucho dinero. Since an obvious defense is always going to be that the alleged victim is trying to scam money from the NBA star, the filing of the civil action before trial all but concedes that point. In addition, the civil complaint publicly regurgitates, in graphic detail, the act in question, openly defying the gag order issued by the court. We can assume the prosecution will drop this in a matter of days.

As far as the civil case against Bryant, I have felt all along that this would be the more preferable arena for both sides. Because the sole issue of consequence from now on will be money, the Laker star can either settle or not settle, depending on how much he can afford to spend, without any further erosion of his public image or having to register as a sex offender (not to mention the threat of prison). His attorneys can also delve more freely into the plaintiff's past than they could in a criminal case (as, of course, can her attorney). On the other hand, the plaintiff can build a case against Bryant based on simple assault, without any of the baggage that a rape charge entails before a jury; the fact that she had sex with another man hours later, while material in defense of a charge that her injuries were caused by Bryant, is now less important, merely a factor that may or may not be weighed by a jury if it awards damages. And, of course, the burden of proof is a lot easier to sustain in civil court.