The response, that Bill Cosby has never been charged, has reached its end of life. Not that people were buying, and now that he’s been charged, the only thing left to do is sharpen up the guillotine blade. No matter what happens in the case, he has already been convicted by the court of public opinion. There is no appeal.
On the one hand, the decade-old allegations of Andrea Constand were declined by prosecutor Bruce Castor in 2005. On the other, this just shows how rapes are under-prosecuted by patriarchal prosecutors. Given the amount of smoke that now swirls around Cosby, those inclined to believe see no doubt, none, that the dozens of women now accusing him are “lying.”
But the question isn’t whether anyone is lying. The question is whether Bill Cosby gets the benefit of a trial before he’s convicted. He’s taken on a real defense lawyer, Brian McMonagle, to replace the Cozen O’Connor dilettantes, and plans to fight. But when it comes to rape, when it comes to Bill Cosby, does it matter?
On one side, those that defend him. On the other, those that want to flay him.
And they both share this is common: They have formed their opinions before any evidence has been introduced in a courtroom and before any juror has been able to evaluate any piece of evidence.
Nor will it matter to those staking out their ground. ‘Tis a magnificent piece of confirmation bias being played out now.
At the New York Times, Jill Filipovic does her disingenuous best to skirt the rationale for the existence of the statute of limitations for rape, the “technicality” that lets Cosby get away with his crimes, raising the myriad excuses for his victims’ failure to make timely accusations. There is an excuse for every failing by a rape victim, such that we’re mere inches away from the mere anonymous allegation being sufficient for imposition of mass castration.
She goes so far as to blame the statute of limitations for the failure of rape kit testing. Sure, she could have demanded timely testing of rape kits, but why blame the cause of the complaint when it’s not really the problem. The real problem is that no one accused of rape should ever be entitled to the benefit of due process, or a fair application of law.
That’s because they’re guilty. Off with their heads!
Bill Cosby may very well be guilty of some or all of the offenses of which he’s being accused, not to mention the many allegations that have suddenly appeared against him. Some may be lying, or all may be telling the truth. It may reflect a changing perspective on the relationship between seduction and consent, on the willing use of recreational drugs, or doping women into unconsciousness to have his way with them.
The trial will have serious legal issues. Constand’s post-alleged-rape conduct undermines her claim of rape, but then, Cosby’s financial “assistance” opens him to allegations of paying off his victims. Whether the testimony of other putative victims will be admissible at trial as part of the “common scheme or plan,” or precluded as propensity evidence, remains to be seen. And then there are Cosby’s own words, which meant one thing in 2005 and another under the shifting sands of sexual mores today.
The deposition could prove damaging, they said, because it could reinforce an image of Mr. Cosby as an unapologetic seducer of young women who relied on fame and wealth as levers in his sexual conquests.
There was a time when “seduction,” meaning that men were expected to try to persuade reluctant women to have sex with them, was socially acceptable. This does not mean, however, that men were allowed to drug them, render them unconscious, to have sex.
There are issues. Many issues. Serious issues. Not the least of which is that we are at a time when many in society have decided that the crime of rape is no longer subject to the rules that apply to all other crimes; that a defendant is entitled to due process and that evidence, rather than gender politics, is the required proof of guilt beyond a reasonable doubt.
There will be plenty of time to bask in the certainty of Bill Cosby’s guilt, for those for whom there is nothing to be done, nothing to be said, that could possibly absolve him of the accusations you read in the newspapers and which are certain and true, because as Turk says, “‘Tis a magnificent piece of confirmation bias being played out now.”
The counter to this certainty of guilt isn’t that he’s not guilty, but that guilt will be established, or not, at the trial of the matter. Can’t you wait until a verdict before sentencing him? But then, if the verdict doesn’t go the way you’re certain it should, then it only proves how the system hates women and protects rapists.
For true believers, guilt isn’t a matter of proof, but faith. But they really don’t care, because Cosby is GUILTY!!!