Unravelling the Cosby case

THE conviction of United States comedian Bill Cosby marked important milestones for his female accusers.

Many of them were not famous, nor celebrities. Instead, many were vulnerable young women, accused of lying about their experiences with the comedian out of a desire to gain fame.

Cosby was convicted last week on three assault changes and could be sentenced to 30 years in prison. Legal experts say the 80yearold will spend less time than that behind bars. There is the possibility he may not even reach prison.

His defence team is almost certain to appeal the guilty verdict on the grounds the decision to allow five other accusers to testify in the trial unfairly prejudiced the jury.

But, for now, Cosby is a convicted sexual offender, confined to his mansion.

A jury failed to convict Cosby at the first trial, although this time there was speculation the national #MeToo movement against sexual harassment, assault and misconduct played a role in how the jury reached its verdict.

It was difficult to not feel some empathy for the women who had said they were drugged before being assaulted by Cosby.

What many felt impossible to comprehend is, at one stage in his career, Cosby was thought to be the Father of America when he played Cliff Huxtable in The Cosby Show.

That brings into play the second milestone — the conviction of a highprofile black American. Many have pointed to the history of violence towards black men in the US as justification of sexual assault. Some went as far as accusing the women of being ‘‘pawns’’ trying to destroy the legacy of the former sitcom star, echoing a belief black feminists have been philosophically captured by white women supposedly teaching them to hate black men.

Even as the accusations mounted up, Cosby seemed untouchable. He was accompanied to the trials by his wife Camille and maintained his legion of fans.

The image started to unravel as more women came forward pressing their case for another trial to be held. Let us not forget 50 women made similar accusations against Cosby.

The trial was about whether the jury would believe the victim. The events of the last year made the case harder for Cosby.

Judge Steven T. O’Neill, who oversaw the case, dismissed pleas to revoke Cosby’s $US1 million bail and remand him to prison. Cosby’s age and track record of appearing at every hearing for two and ahalf years seemed to sway the judge.

US justice indicates more trauma is on the way for the women who accused Cosby of the assault.

If the judge does allow Cosby to remain free during appeals, and the legal action lasts for years, there is a question of whether the comedian’s age and health will make the sentence moot.

Even now, there is a debate over how prejudicial the five ‘‘prior bad acts’’ were to Cosby’s defence — the area where the defence team will most likely focus.

The extra witnesses did provide probative value — evidence which is sufficiently useful to prove something important in a trial. However, probative value of proposed evidence must be weighed by the trial judge against prejudicing in the minds of jurors towards the opposing party or criminal defendant.

In the court of public opinion, it was not only about Cosby and one of his accusers. It was about all the women who said they were violated by the same powerful man.

Women need to feel they will be listened to and believed. They need not feel powerless to confront sexual abuse, harassment and discrimination. And men need to take more responsibility for their actions, particularly in believing bad things can happen to good people.