i could be mistaken (might be more of a question for dave), but i believe the rape laws are written to greatly defend the victim.
taking sexual education classes while an RA in college, we pretty much got the impression that all the girl has to do is say she was raped, and she was. even if, at the time of sex, it was consensual, she's allowed a certain grace period to "change her mind" and rethink the scenario.
personally, i dont think kobe (meant to) raped her. not that i have any information whatsoever, but im sure he's offered ass all the time, without much trouble -- i wouldn't think he'd have to force himself on some random girl.
however, by the letters of the law (or atleast my assumptions of such), its more than possible this chick has a very strong case against him.
