Kobe Bryant's sexual assault trial is not scheduled to begin until August 6, but Bryant and the woman whom he allegedly assaulted are already being tried in the court of public opinion. Although not many facts are known about the case, the public is debating its merits and many are speculating about Bryant's guilt or innocence. And while most news media have not named the victim of the alleged rape, there have been interviews with her friends, acquaintances and even ex-boyfriends offering differing points of view about the alleged victim and her mental state. Most recently, the woman's name and other personal information have been listed on the Internet and broadcast on the radio.

While most advocates for victims of violence against women are not commenting on the specifics of the case, many have come out in support of the privacy rights of the victim of the alleged assault. "It is simply wrong for any broadcaster or journalist to release the name of a victim of an alleged rape or sexual assault without the consent of the woman," said Family Violence Prevention Fund President Esta Soler. "Decisions about releasing the identity of victims must be made by victims themselves."

The Case

Bryant, who is 24 and an All Star guard who plays for the Los Angeles Lakers, has been charged with one count of sexual assault, a "class 3" felony. If convicted, Bryant could be sentenced to four years to life in prison, or 20 years to life of probation. The woman who has accused Bryant of raping her is 19 years old. She is an employee of the hotel where Bryant stayed in Colorado.

The alleged assault took place on the morning of July 1 in Bryant's hotel room. The woman went to the police shortly after leaving the room and was taken to the hospital. On July 3, a warrant was issued for Bryant's arrest. He was released on July 4 after posting bail.

On July 18, Mark D. Hurlbert, the district attorney for Eagle County, Colorado, charged Bryant with one count of sexual assault. At a news conference announcing the charges, Hurlbert said, "I can prove this case beyond a reasonable doubt."

Bryant, who is married, vehemently denies the charges. He claims that he had consensual sex with the woman and is only guilty of adultery. The day the charges were announced against him, Bryant held a news conference with his wife, Vanessa, and his attorneys to assert his innocence. "I'm innocent. I didn't force her to do anything against her will," he said. "I sit here in front of you guys, furious at myself. Disgusted at myself for making a mistake of adultery."

Naming the Victim

The name of the victim of the alleged assault has been kept out of court documents to protect her identity, and mainstream media outlets have not used her name in their stories. But the woman's name has been leaked through Internet media and on radio on the nationally syndicated Tom Leykis Show, which is carried on some 60 stations around the country.

Despite facing tough criticism from media critics and women's advocates, Tom Leykis says he has no plans to stop using the woman's name on his program. He said on air, "I don't believe you can have a fair trial where you know the name of one person and not the other," according to the Associated Press. Calling Bryant the "real victim," Leykis told Reuters, "We're told that rape is violence, not sex, and if that's true there's no reason she should feel shame or embarrassment."

This is not the first time Leykis has been the subject of controversy. According to the program's web site, Leykis is "either a breath of fresh air or a foul defender of the male libido. An oracle of psychosocial truth or a sphincter of sexism." His radio show is geared to young men and focuses mainly on sex. One feature of the program, "Flash Fridays" encourages women to expose themselves.

In 2000, Media Watch launched a boycott against one of the program's major sponsors, Earthlink, after Leykis urged male listeners to "hit on" female victims of incest and sexual abuse, because they are "sexually easy" and less likely to say no. He said on air then, "If you think that a woman's more likely to put out or more likely to be good in bed because she has a history of abuse, is it wrong to try to find that out and then to go for the gold?"

In response to Leykis broadcasting the name of Bryant's accuser, the web site, TheSmokingGun.com, reported that Leykis had once been arrested on domestic violence charges and participated in a batterer's treatment program. The web site produced papers outlining Leykis' arrest in 1993 for assaulting his then-wife Susan. The couple has since divorced. Leykis was formally charged with felony assault and battery, and threatening to commit a crime, which is a misdemeanor. The charges were dismissed in 1995 after Leykis completed the treatment program.

Protecting A Victim's Privacy

Leykis is not the first member of the media to broadcast the names of victims in high profile cases of alleged rape or sexual assault. In 1991, NBC News and the New York Times published the name of the woman who accused William Kennedy Smith of raping her. Some media, including Leykis, also named the woman who accused sportscaster Marv Albert of sexually assaulting her.

But the incident in the Bryant case is causing some members of the news media to debate the validity of newsroom policies that prohibit the release of the names of victims of sexual assaults.

Many advocates for victims of violence against women, however, have spoken out in support of policies that help protect victims' privacy. Naming a victim who is not ready to go public with her story can have devastating consequences, they say. It increases media scrutiny of the victim, which can exacerbate her feelings of trauma and have a negative impact on her mental health. Being forced to go public with an assault is "like being raped again," said Dr. Patricia Saunders, Director of the Graham Windham Manhattan Medical Center, to Reuters. Dr. Saunders said naming a victim without her permission is "an intrusion. It's an utter violation of her right to privacy. It's a sadistic thing to do."

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