Bill Cosby’s release vindicates rule of law, not him

The ruling that led to Bill Cosby’s release from prison was a vindication of the rule of law — but not of the disgraced comedian.

The U.S. system of justice is founded on principles of fair play and due process, and they must be adhered to — even, or especially for, those who seem least deserving. Cosby certainly fits that bill. Over the course of many years, he drugged and raped young women who had trusted and looked up to him. His crimes were monstrous, and no court ruling can ever erase his culpability.

Cosby’s 2018 conviction for sexual assault was overturned Wednesday by the Pennsylvania Supreme Court, and Cosby was released from prison, where he had served nearly three years of a sentence of three to 10 years. In a 6-1 ruling, the court found Cosby’s right against self-incrimination had been violated.

The ruling turned on a prosecutor’s decision in 2005 not to pursue a criminal case against Cosby for the sexual assault of Temple University employee Andrea Constand, prompting him to give self-incriminating statements in a civil suit filed by Constand. Those statements, acknowledging that he acquired quaaludes to use on women with whom he wanted to have sex, were used by another prosecutor who revived the criminal case a decade later and obtained a conviction in what the court characterized as a “coercive bait-and-switch.”

More than 50 women across the country have accused Cosby of sexual assault and misconduct, but the statutes of limitations in their cases mean it is unlikely there will be further criminal prosecution of the 83-year-old actor and comedian.

Some women who were victimized by Cosby believe they have been victimized again, this time by a justice system that fails to take seriously the sexual crimes and misconduct of powerful men. That Cosby was not criminally charged in 2005 was a failure of justice for which then-montgomery County District Attorney Bruce Castor is responsible. But the willingness of women to come forward as the #Metoo movement took hold and to testify against Cosby is a testament to progress being made, as well as to their bravery. Twelve jurors found Cosby guilty beyond any reasonable doubt, and nothing in the Supreme Court’s ruling changes that essential truth.