The way I read the MSNBC article, it sounds as though the notion that she had sex after the alleged rape is just a defense contention. As the article puts it, the presence of other DNA just might be indicative of sex in the time period surrounding the alleged rape, not necessarily after.
Here's what I think:
- Kobe may or may not be guilty. I tend to think there is sufficient reasonable doubt, based on the victim's own erratic behavior, to acquit him. This does NOT necessarily mean he isn't guilty.
- Kobe is NOT, at this point, a rapist as far as I'm concerned. He is to be presumed innocent until proven guilty, and I tend to think he will be acquitted.
- This girl's behavior looks bad, but it is mean and destructive to society to be publically calling her a "slut," a "cum dumpster," or other crass names. Her prior sexual behavior is not relevant to what actually happened with Kobe (though it might well be relevant in his trial, once the door of that room closed, it ceased to have anything to do with his behavior). Making fun of women who accuse others of rape makes it harder for other sexual assault victims to come forward. If this woman were your mother or sister, and you knew she had really been raped, notwithstanding prior promiscuity, how would it make you feel to hear others call her a "cum dumpster"? I find it sad and disappointing that she has been publically villified the way she has, primarily because her alleged rapist is a famous athlete.
- Ultimately, Kobe is either lucky, in that he raped a crazy, promiscuous 19-year-old woman, or unlucky, in that he had consensual sex with a crazy, promiscuous 19-year-old woman. Either way, he screwed up, and let's not pretend he is some kind of saint.