The woman who accused Kobe Bryant of rape will discuss with prosecutors whether she will go ahead with the criminal case because she fears the release of court documents about her sex life threatens her chance of getting a fair hearing, one of her lawyers said Wednesday.
John Clune said his 20-year-old client will have to talk to prosecutors soon about that and will also consider whether to file a civil suit against the National Basketball Association star.
Asked whether his client is considering dropping out of the criminal case, Clune said: "That's something she and prosecutors will have to discuss in the immediate future. The DA's office will have to make that decision on what they want to do."
The woman's other lawyer, L. Lin Wood, said decisions on how to proceed should be made in a matter of days. Bryant is scheduled to go on trial Aug. 27 in Eagle, Colo.
"This young woman is not going away. Whether it proceeds criminally or civilly or both, justice is going to be had for this young woman," Clune said.
Prosecutors have been in constant contact with the woman and her lawyers and were told the woman would participate even after the release of the transcripts Monday, district attorney's spokeswoman Krista Flannigan said Wednesday.
"Nothing has changed with our plans of going forward with the prosecution of this case," she said.
Under pressure from the U.S. Supreme Court, District Judge W. Terry Ruckriegle on Monday released about 200 pages of transcripts from a closed-door hearing in June. The transcripts had been mistakenly e-mailed to the Associated Press and six other media organizations, which fought for the right to publish their contents.
The documents include testimony from Elizabeth Johnson, a DNA expert for the defense, who says she is convinced the accuser had sex with someone after Bryant and before she contacted authorities -- a claim that Clune has vehemently denied.
There was no testimony in the documents from a prosecution expert on the issue. Clune and prosecutors say that the transcripts are one-sided and that a gag order in the case prevents them from presenting their explanation of the damaging evidence before the trial.