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updated 4/29/2004 10:45:32 AM ET 2004-04-29T14:45:32

Kobe Bryant’s defense team want prosecutors to stop referring to the alleged victim in this case as a “victim” in court papers. They say it eviscerates the presumption of innocence. How? The prosecutors are not presuming him to be innocent. They are trying to prove he’s guilty. They are lawyers, arguing a case against a man who has been indicted for rape.

Why is it surprising or improper that prosecutors who are pursuing the charges believe she’s a victim? It’s not improper. The same way the defense calling her the accuser and referring to the allegations as false is not improper. If I were regularly referring to her as the victim or the judge was referring to her as the victim, they’d have a legitimate beef, but this is the prosecutors. Will the defense next argue that the prosecution should not be able to use the words “guilt” or “guilty” because the jury has not reached a verdict yet? Come on.

Dan Abrams is the host of 'The Abrams Report.' The show airs weeknights, 6 p.m. ET on MSNBC.

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