Kobe Bryant - Patient records are private

[MsSnood]

Patient records are private

By ruling that the medical records of the woman accusing Kobe Bryant of rape can't be used as evidence, Eagle County District Judge Terry Ruckriegle upheld the long-standing legal principle that the doctor-patient relationship is privileged.

The Eagle County jurist held that the woman didn't waive the physician-patient privilege because she had talked in a general way with friends and family about some aspects of her mental health and possible treatment.

Ruckriegle's ruling has been characterized as a setback for the basketball star's defense, which has attacked the woman's credibility, alleging that reported previous suicide attempts and use of anti-psychotic medication raised doubts about whether she was, in fact, sexually assaulted on June 30, 2003, at the Lodge & Spa at Cordillera in Edwards. The defense claims the woman accused Bryant because of a psychological disorder.

http://www.denverpost.com/Stories/0,1413,36~417~2101700,00.html

I have not seen anything about this case posted since it has been announced, so please do provide me with a link if I missed it.

I think this was called correctly, IMO. Medical records should be as private as talking to a priest. A psychiatric history does not preclude a woman from being raped. Anyone can be raped, regardless of their past history, so that should not be a factor to be used against her.

A prostitute can be raped. The fact that she is a prostitute does not negate the fact of rape, so a person's medical history certainly should not be used as evidence as whether or not they have been raped. It has nothing to do with the scene in question.

I'm surprised, but glad, the judge called this the way he did. Chalk one up in favor of womens rights for a change of pace.

MsSnood

[seabeyond]

1. all they were looking for was trash this woman

they knew they werent going to get it. the purpose was to put out loud to the world this stuff, and not thru the court cause they arent allowed.

but hey, kobe be the man............death threats to this female, having moved 9 times cause she is being harrassed, a good year into alleged crime and it is still going on, wtf,..........she is insignificant, it is all about our hero male

[MsSnood]

3. Are you telling me ....

she has moved 9 times since this case has started?

[seabeyond]

4. i am telling you she has moved 9 times

and had to do it again just recently. different states. this is a 20 year old girl, living a life of horror/whore

we should all feel shame what has happened in this case, guilty or not, we the people have behaved disgustingly

now i am a female that go after fellow females that abuse their priviliges, that cry wolf with rape or physical assault cause they are mad at mate or whatever reason. a woman that falsely accuses someone of rape, for me, does more damage to females, than any individual male that rapes. a mother that accuses a father of wrong to his child, to keep him away or because she is sooo angry, to me, is horrible

but what we have done to this woman in the last year is disgusting.

and how we have glorified kobe is equally disgusting

and we have done this without knowing what happened

[MsSnood]

9. I knew she survived a death threat, and after that I didn't know

It is a shame that a victim in any case is treated with such abuse.

If the accused were not a famous athlete, this would not be the case for her.

You are right, this is disgusting.

I do not know that Kobe has been glorified. But then, I don't watch the news much.

Has he been glorified? As far as this case is concerned?

[seabeyond]

12. he has had at least three people willing to kill her

for him, that we know about

websites putting out her personal information

he got applause going out onto the court right after

he has movie stars standing up for him telling us what a good person he is

he has the world trashing her

he has other women he has had affairs with saying what a nice guy he is, to defend them, yet isnt attacked as being a slut, but a nice guy when screwing on his wife.

anytime you listen to a man on tv or this board talk it, they all talk his rights, and most all imply how this female is missed up slutted around ect......

he is doing ok for his part

and again, i dont know what happened only what i am seeing now,.

[MsSnood]

13. You make a good point

He gets applause for being promiscuous.

She gets chastized and has to move 9 times for being fucked, either with or without permission.

I don't know about you, but I wouldn't go through all this abuse and torture unless I was truly raped.

I think this is one brave woman to go through with this case against all these odds.

The Kobe machine really is putting the screws to her, one way or the other.

[rinsd]

17. She has had many death threats....

....and a contract murder for hire that is being handled by the FBI.

[Barbara Ann]

16. Yes, I think they knew they wouldn't get her medical records in, but only

wanted to taint a potential jury''s mind with it.

We don't know what happened. But this is the only type of crime where the victim is so scrutinized more so than the alleged perpetrator.

She is not accused of any crime. He is.

[Gothmog]

2. this was a sound ruling

I have really taken a dislike to the defense team being used by Kobe Bryant. They are zealously defending their client but are doing things that I find unethical and unprofessional. The tactic of putting the victim on trial is simply wrong. The attempted use of the medical records is just another example of how desperate these attorneys are and indicate to me that they have a weak case.

[Bandit]

5. Let's examine this a bit farther

Are you saying if someone commits murder that their medical history is off limits. What if they were schizophrenic and had lost their medication or????. I agree that in this case there should be no reason to examine this girls medical records but say if there was a law against say "Doctor Shopping". How else could one possible ever determine whether or not a person committed such an offense without examining the records. If medical records are off limits for any reason what so ever then many laws will need to be removed as un-enforceable.

[MsSnood]

6. I'm not even going there. This is not about murder or medication

You have agreed that there is no reason to examine this "girl's" medical records. If you want to take it farther into murder, schizophrenia and medication, then that is for another thread.

BTW, can we agree that this case involves an alleged 'woman' that was raped, and not a "girl"?? We are not discussing a couple of children here. Do you think of Kobe Bryant as a "boy"?

[Corgigal]

7. The defense

can open anything they want on the clients medical records. What kind of attorney wouldn't if the medical evidence is there? Doesn't mean anyone has the right to force medical records opened on the accuser. The crime scene evidence is all that is necessary.

[MsSnood]

8. That point has been dismissed already....

It's not pertinent to this case.

[theboss]

10. Accuser/Accused

A murderer would presumably be putting his own medical records out there. An accuser should not be put on trial - hence rape-shield laws.

[MsSnood]

11. Right. Where are HIS records??

[theboss]

14. Huh?

Don't follow . . . .

[Barbara Ann]

15. I think the defense knew this would be ruled this way, and

only brought it up to intimidate the woman accusing him of rape.