Bill Cosby sexual assault cases
In late 2014, multiple allegations emerged that Bill Cosby, an American media personality, had sexually assaulted dozens of women throughout his career.[1][2] Cosby was well known in the United States for his eccentric image, and gained a reputation as "America's Dad" for his portrayal of Cliff Huxtable on The Cosby Show (1984–1992). He received numerous awards and honorary degrees throughout his career, many of which have since been revoked. There had been previous allegations against Cosby, but they were dismissed and accusers were ignored or disbelieved.
Cosby has been accused by over 60 women of rape, drug-facilitated sexual assault, sexual battery, child sexual abuse, and sexual harassment. The earliest incidents allegedly took place in the mid-1960s. Assault allegations against Cosby became more public after a stand-up routine by fellow comedian Hannibal Buress in October 2014, alluding to Cosby's covert sexual misbehavior; thereafter, many additional claims were made. The dates of the alleged incidents have spanned from 1965 to 2008 in ten U.S. states and in one Canadian province.[3][4][5] Cosby has maintained his innocence and repeatedly denied the allegations made against him. Amid the allegations, numerous organizations severed ties with Cosby and revoked honors and titles previously awarded to him. Media organizations pulled reruns of The Cosby Show and other television programs featuring Cosby from syndication. Ninety-seven colleges and universities rescinded honorary degrees.[6]
Most of the alleged acts fall outside the statute of limitations for criminal legal proceedings, but criminal charges were filed against Cosby in one case and numerous civil lawsuits were brought against him. As of November 2015, eight related civil suits were active against him.[7][8] Gloria Allred represented 33 of the alleged victims.[9] In July 2015, some court records were unsealed and released to the public from Andrea Constand's 2005 civil suit against Cosby. The full transcript of his deposition was released to the media by a court reporting service. In his testimony, Cosby admitted to casual sex involving recreational use of the sedative-hypnotic methaqualone (Quaaludes) with a series of young women, and he acknowledged that his dispensing of the prescription drug was illegal.[10][11][12]
In December 2015, three Class II felony charges of aggravated indecent assault were filed against Cosby in Montgomery County, Pennsylvania,[13] based on allegations by Constand concerning incidents in January 2004. Cosby's first trial in June 2017 ended in a mistrial.[14] Cosby was found guilty of three counts of aggravated indecent assault at retrial on April 26, 2018[15] and on September 25, 2018, he was sentenced to three to ten years in state prison and fined $25,000 plus the cost of the prosecution, $43,611.[16] Cosby appealed on June 25, 2019 and the verdict was subsequently upheld and granted an appeal by the Pennsylvania Supreme Court.[17][18] On June 30, 2021, the Pennsylvania Supreme Court found that an agreement with a previous prosecutor, Bruce Castor, prevented Cosby from being charged in the case, and overruled the conviction.[19] The Supreme Court's decision prevents him from being tried on the same charges a third time.[20] The Montgomery County district attorney's office filed a certiorari petition asking the U.S. Supreme Court to hear the case,[21] but on March 7, 2022, the petition was denied, making the decision of the state supreme court final.[22]
Cosby’s legal issues continued following his release from prison. In 2014, Judy Huth had filed a civil suit against Cosby in California, alleging that he had sexually assaulted her in 1975, when she was 16 years old. The trial began in 2022, and the jury ruled in Huth's favour. Cosby was ordered to pay $500,000 in compensatory damages.[23] In 2023, nine women filed sexual assault suits against Cosby.[24]
Background[edit]
1965–1996 allegations[edit]
The earliest allegation against Bill Cosby dates back to December 1965: in 2005, Kristina Ruehli[25] came forward as Jane Doe #12 in the Andrea Constand case and alleged that Cosby had drugged and assaulted her at that time in his Beverly Hills home. Further, Ruehli said she had told her boyfriend about the incident, and had told her daughter in the 1980s.
In the early 1980s, Joan Tarshis told freelance reporter John Milward about an alleged sexual assault by Cosby. Milward did not write about the allegations.[26] In 1996, Playboy Playmate Victoria Valentino gave a videotaped interview in which she made sexual assault allegations against Cosby. The interview was conducted for an exposé on the lives of Playboy models, which was never published.[26]
After the allegations resurfaced in 2014, Wendy Williams recalled that during her radio show in 1990, she referred to sexual assault allegations against Cosby that had been published in the National Enquirer tabloid. Williams said Cosby called her boss in the middle of the broadcast demanding that Williams be fired.[27][28][29]
Related litigation[edit]
Suit against Cosby attorney[edit]
On November 16, 2015, it was reported that accusers Green and Bowman filed a joint lawsuit against John Schmitt, one of Bill Cosby's lawyers. In November 2014, Schmitt released a statement reading, "Over the last several weeks, decade-old, discredited allegations against Mr. Cosby have resurfaced. The fact they are being repeated does not make them true. Mr. Cosby does not intend to dignify these allegations with any comment." This statement was also posted to the front page of Cosby's official website. Green and Bowman contend that this widely circulated statement amounted to branding them as liars, resulting in emotional distress and other damages.[235]
Insurance coverage dispute[edit]
AIG Property Casualty Company, Cosby's homeowner's insurance, has tentatively agreed to pick up Cosby's legal costs for the Green, et al. case in Massachusetts, as well as for Dickinson's case in California, over whether these women were defamed when Cosby's representatives denied the occurrence of sexual misconduct. But the insurer has also filed lawsuits related to both cases, aiming for declaratory relief that it is not responsible.
Cosby's homeowners insurance does cover him for "personal injury", which is defined in his policy as including "bodily injury"; "shock, emotional distress, mental injury"; "invasion of privacy"; and "defamation, libel, or slander". However, the policy contains an exclusion for "sexual, physical or mental abuse", setting the stage for a potentially novel legal battle over whether a defamation claim about the denial of sexual abuse is covered.[8]
In September 2015, Cosby filed a motion to either dismiss AIG's lawsuit or put it on hold. Cosby's attorneys argued that AIG was acting against Cosby's best interests and that fighting both the lawsuits from the accusers as well as from his insurance company would drain his resources.[236]
On October 9, 2015, AIG filed a response, calling Cosby's motion "bizarre and possibly unique in the entire history of American jurisprudence", criticizing Cosby's lawyers for referencing irrelevant case law from other states, and saying that if the court sided with Cosby, it "would amount to a wholesale abandonment of this Court's jurisdiction, all for no apparent reason."[237]
On November 13, 2015, California Federal Judge Beverly O'Connell granted Cosby's motion to dismiss in the Dickinson case and concluded that AIG had a duty to defend. In her opinion, O'Connell looked at the "arising out of" exclusion noted above and declares the meaning is ambiguous. "The Court finds that both Plaintiff's broad interpretation and Defendant's narrow interpretation of 'arising out of' are reasonable ... The sexual misconduct exclusion could reasonably be read to require that Dickinson's claims merely relate to sexual misconduct, or that Dickinson's claims be proximately caused by the sexual misconduct", she wrote.
Since ambiguous terms are interpreted in favor of finding coverage, Cosby prevailed. O'Connell gave a second independent reason for finding in Cosby's favor. She looked at the Dickinson complaint and concluded that there are allegations independent of sexual misconduct. "For example, allegations that Defendant 'intentionally drugged' Dickinson 'even though he knew that she had been in a rehab center for addiction a few months before' could reasonably be interpreted as independent of sexual misconduct, and therefore, within the Policies' coverage ... Similarly, the Dickinson Complaint alleges that Defendant's statements contain numerous implications about Dickinson, including the implication that 'Dickinson has copied the claims made publicly by other women against Defendant' and 'the implication that Ms. Dickinson's rape disclosure is a lie and that therefore she is a liar'", she wrote. As courts impose coverage in a "mixed" action, Cosby prevailed here as well but this ruling does not apply to the Massachusetts case, where AIG and Cosby are still fighting to determine who is liable.[238] AIG plans to appeal this ruling.[239]
Judge, Mark G. Mastroianni, denied Cosby's bid to dismiss or pause the AIG suit on December 14, 2015. This judge, also responsible for the Green et al. defamation suit, denied AIG's motion to pause that case.[240]
Gloria Allred vs. Cobb-Marietta Coliseum, et al.[edit]
On November 18, 2015, Allred announced she was suing Cobb County, Georgia; Cobb-Marietta Coliseum; and Michael Taormina for violating her First Amendment rights when she was denied entry to Cosby's stand-up comedy performance on May 2, 2015, at the Cobb Energy Performing Arts Center in Atlanta. Allred participated in a protest outside of the venue, but had also purchased a ticket to the show. Nevertheless, local police officers told her she would be arrested for trespassing if she entered the theater. Allred said Cosby's team coordinated with security and police to deny entry to individuals they had placed on a list of "agitators". Cobb-Marietta Coliseum is the name of the company that organized the show, and Taormina is its managing director. The police officers are employed by Cobb County.
"Performers should not be able to commandeer a police force (as Bill Cosby's representatives appeared to do) in order to exclude individuals from the performance because they have a different viewpoint than the performer has", Allred said. She sought a court order to prohibit what she calls the venue's "censorship policy on admissions".[241]
On September 8, 2016, Allred reached a settlement with the defense. They agreed to pay Allred $40,000, along with a promise not to block any future customers from attending any public event held at the Coliseum.[242]
Andrea Constand vs. Bruce Castor[edit]
On October 26, 2015, Andrea Constand filed a federal lawsuit against former Montgomery County District Attorney Bruce Castor for defamation. Constand is being represented by her original 2006 Constand vs Cosby attorney Dolores Troiani.[243]
Cosby's lead criminal lawyer in Pennsylvania is fighting a subpoena related to his $2,500 donation to the ex-prosecutor who says he had promised Cosby he would never be charged. Lawyer Brian McMonagle co-hosted a political fundraiser for former District Attorney Bruce Castor early last year but said it took place months before he joined Cosby's defense team in September. Constand's lawyer now wants McMonagle to detail any ties between his office and Castor, including phone records and documents. She wants Cosby to do the same.[244] At a pretrial hearing on April 15, 2016, a judge ruled that Constand is entitled to any documents shared between Castor and Cosby's attorneys.[245] In January 2019, the two sides reached a confidential settlement.[246]
Bill Cosby vs. Beverly Johnson[edit]
On December 21, 2015, Cosby sued supermodel Beverly Johnson for defamation,[247] claiming that she told a false story in a Vanity Fair article.[248] This was the first time Cosby had sued a woman who has claimed assault without being sued himself first. Cosby's lawsuit accuses Johnson of lying about the incident in which she says Cosby spiked a cup of cappuccino with an unknown drug.[249] Realizing what was happening, Johnson said she screamed and cursed at him several times before Cosby dragged her out and hailed a cab for her. (No sexual contact by Cosby was alleged in Johnson's version of the event.) Allegedly, she also repeated the story in subsequent interviews and in her memoirs, released on August 25, 2015.
Cosby's lawsuit seeks unspecified damages and an injunction preventing the model from repeating her claims and requests they be removed from Johnson's memoir, which was released in August.[250]
On February 19, 2016, Cosby filed a motion to dismiss his lawsuit against Johnson. His attorney Monique Pressley wrote in an email that Cosby made the move to focus on his defense in a criminal case in Pennsylvania. Pressley wrote that Cosby plans to re-file the case against Johnson before the statute of limitations expires.[251] No such refiling occurred.
Bill Cosby vs. Andrea Constand, Constand's mother, Constand's attorneys and National Enquirer[edit]
On February 1, 2016, Cosby filed a breach-of-contract lawsuit against Andrea Constand, her mother Gianna Constand, her current lawyer Dolores Troiani, her former lawyer Bebe Kivitz and the publisher of the National Enquirer. Cosby filed the lawsuit a day before the February 2 criminal court hearing that included testimony from Troiani. The lawsuit seeks full repayment plus interest on "the substantial financial benefit". The filing states "Despite being expressly prohibited from disclosing such information to anyone, Andrea Constand volunteered to participate and disclosed such information to the district attorney and others." Troiani has maintained that the settlement agreement barred Constand only from initiating criminal proceedings against Cosby and not from cooperating if authorities came to her first. Prosecutors introduced a copy of the agreement, redacted to hide all but a single sentence, at Cosby's pretrial hearing this month. That line read: "Constand agrees that she will not initiate any criminal complaint against Cosby arising from the underlying facts of this case." The lawsuit currently remains under seal and Cosby's lawyers have declined to comment on the nature of the allegations in it.[252]
On July 28, 2016, Cosby filed a motion to dismiss his entire lawsuit against all the defendants.[253]
Bruce Castor vs. Andrea Constand[edit]
On October 20, 2017, Bruce Castor's attorney, James Beasley Jr., announced that he plans to file a lawsuit against Andrea Constand for damages suffered as a result of the election in which he lost to Kevin Steele who is now prosecuting Cosby for the same acts Castor would not prosecute him for. In his suit he claims that Constand conspired with Steele to help him win the election so Cosby could be prosecuted. Constand's attorney, Jeffrey McCarron, responded by saying "If his described basis is the reason for the lawsuit, then we do not expect it will last very long."[254]
Reactions[edit]
Defenses of Cosby[edit]
In 2014, Camille Cosby, who married Cosby in 1964 when she was 19, released a statement supporting her husband, describing him as a victim of unvetted accusations: "The man I met, and fell in love with, and whom I continue to love, is the man you all knew through his work. He is a kind man... and a wonderful husband, father and friend."[255]
In a January 2015 Time magazine article about why black women should stop defending Cosby, actress Phylicia Rashad is quoted defending him: "What you're seeing is the destruction of a legacy. And I think it's orchestrated. I don't know why or who's doing it, but it's the legacy. And it's a legacy that is so important to the culture."[256]
In a July 2015 USA Today article about how the actors of The Cosby Show responded to the allegations, Keshia Knight Pulliam of the cast stated "All I can speak to is the man I know and I love the fact that he has been such an example [and] you can't take away from the great that he has done, the millions and millions of dollars he has given back to colleges and education, and just what he did with the Cosby Show and how groundbreaking that was. The Cosbys, we were the first family that no matter what race, religion, you saw yourself in", further addressing the charges against Cosby. "At the end of the day they are allegations ... I don't have that story to tell."[257]
In September 2015, comedian Damon Wayans attacked the accusers, calling them "un-rape-able", and defended Cosby by stating "It's a money hustle."[258]
In December 2015, actor and comedian Eddie Griffin suggested that Cosby was the victim of a conspiracy to destroy his image and that several other prominent African-American men had been victims of similar conspiracies.[259]
Chicago Tribune columnist Clarence Page writes that the most popular conspiracy theory regarding the allegations involves Cosby being "[punished] by the powers-that-be for [his] attempts to buy NBC in the 1990s". Page wrote that the conspiracy does not explain why the conspirators waited so long to bring forth the accusations, with the scandal unfolding many years after Cosby abandoned the purchase. Dick Gregory was a supporter of this theory.[260]
Legislative changes[edit]
Ontario sex assault plan[edit]
In March 2015, Ontario Premier Kathleen Wynne announced a new plan titled "It's Never Okay", which includes an unprecedented $41 million budget to combat sexual violence and harassment: "The new plan was drafted in response to high-profile incidents that remain under investigation, including sexual-assault allegations against members of the University of Ottawa men's hockey team, Jian Ghomeshi, and Bill Cosby."[344]
Nevada sex assault law[edit]
On May 26, 2015, Nevada Governor Brian Sandoval signed a bill that extends the statute of limitations for criminal prosecution of rape from four years to 20 years. Lise Lotte Lublin, who accused Cosby of drugging her in 1989 in a Las Vegas, Nevada hotel, testified in support of the new law and asked Nevada Assembly Member Irene Bustamante Adams to introduce bill AB212.[345]
Colorado sex assault bill[edit]
On September 15, 2015, Cosby accusers Beth Ferrier, Heidi Thomas, and Helen Hayes met with State Representative Rhonda Fields, 18th Judicial District Attorney George Brauchler, and others at the Capitol in Denver, Colorado. There they discussed lengthening the current ten-year statute of limitations in Colorado for sexual assault. Gloria Allred, who represents most of the nearly 60 alleged victims, spoke to the gathering via Skype: "I have been to New Jersey, and I'm not aware of any down side since they eliminated the statute (of limitations) for rape and sex assault." Brauchler said he does not want any victim denied a fair hearing because of Colorado's statute, but "I don't have a magic number." Any change would have to be done carefully, he said, because the more time that passes between an alleged sex assault and prosecution, the harder it is for the accused to defend themselves. Fields called the cap for sexual assault arbitrary in view of the fact that most states including Colorado do not have a statutory limit on murder.[346]
On February 11, 2016, The House Judiciary Committee voted 11–0 to send the bill extending the statute of limitations from 10 to 20 years to the full House. Both Ferrier and Thomas, who were alleged victims of Cosby, spoke at the hearing before the decision was made the same day. The bill was cosponsored by Rep. Rhonda Fields and Sen. John Cooke.[347]
Presidential Medal of Freedom bill[edit]
On January 5, 2016, it was discovered that U.S. Representative Paul Gosar (R-Ariz.) had been crafting a measure to revoke Cosby's Presidential Medal of Freedom since the July release of a 2005 deposition in which Cosby acknowledged using drugs on women with whom he wanted to have sexual relations. "Cosby has admitted to drugging women in order to satisfy his sexual desires, and, therefore, the Federal government should not recognize Cosby with an honor like the Presidential Medal of Freedom", the bill states. The legislation would further impose criminal penalties on anyone who publicly displays a Medal of Freedom revoked by the president, including up to a year in prison. "To continue honoring Bill Cosby with this prestigious accolade would be an affront to women nationwide, particularly those who were victims of his horrific acts", Gosar wrote in a letter to fellow lawmakers asking them to co-sponsor his bill.[348]
Oregon sex assault bill[edit]
A bill in the Oregon Senate would create an exception to the 12-year statute of limitations for the most serious sex crimes—including rape, sodomy and child abuse—allowing prosecutors to bring charges if new concrete evidence emerges. For example, they could reopen the case if multiple victims come forward with similar allegations or if new written evidence is discovered. Senate Bill 1553 was inspired by high-profile rape cases, including the one involving Brenda Tracy, who reported being raped by four football players in Corvallis in 1998, and the one involving Cosby. Under the bill, new victims coming forward could be used as evidence to reopen a case, said Aaron Knott, the legislative director for Oregon Attorney General Ellen Rosenblum. "While Bill Cosby is a celebrity, it's not unique to him", Knott told lawmakers at a committee hearing on February 8, 2016.[349]
California sex assault law[edit]
On January 3, 2016, California State Senator Connie Leyva introduced Senate bill 813, named the "Justice for Victims Act". This bill would eliminate the 10-year statute of limitations in California for felony sexual offenses of rape, sodomy, lewd or lascivious acts, continuous sexual abuse of a child, oral copulation, and sexual penetration. The bill has support from Gloria Allred, the San Bernardino County District Attorney's Office and others.[350]
On April 12, 2016, four alleged victims of Bill Cosby, Linda Kirkpatrick, Lili Bernard, Victoria Valentino and "Kasey" testified before the Senate committee. "I wanted them to know that the system failed us," Kirkpatrick said. Also testifying was Attorney Gloria Allred who represents 33 of Cosby's alleged victims.[12][351]
On September 28, 2016, Governor Jerry Brown signed the bill into law. The law took effect January 1, 2017.[352] It was supported by women's / LGBT rights activist Ivy Bottini and Dr. Caroline Heldman who are also involved in a campaign called #EndRapeSOL to eliminate the statute of limitations on rape in other states. Lili Bernard, Victoria Valentino and other alleged victims of Cosby have contributed to this grassroots effort.[353]
Hush money payments and cover-up[edit]
It has been reported that one of the reasons many of Cosby's accusers did not initially come forward is that Cosby gave them money in exchange for their silence. When asked in his deposition whom he wished to keep the affair from, Cosby replied "Mrs. Cosby".[376]
In November 2014, former NBC facilities manager Frank Scotti told the New York Daily News that while working on The Cosby Show, Cosby funneled regular payments to several women via money orders that Scotti was told to purchase in his own name. Among the women identified in receipts that Scotti preserved for more than 20 years were Shawn Thompson, Cosby's admitted mistress who later accused him of fathering her child, and Angela Leslie, who claimed Cosby made unwanted sexual advances toward her in the early 1990s. Scotti "suspected that [Cosby] was having sex with them". He also noted that Cosby "was covering himself by having my name on [the money orders]. It was a coverup."[377] Scotti also claimed that Cosby regularly took aspiring models and actresses into his dressing room and instructed Scotti, "Stand outside the door and don't let anyone in." In a later interview for NBC's Today Show, Scotti said he "felt like a pimp".[378] Cosby's lawyer Martin Singer denied Scotti's accusations and said the walker-bound 90-year-old was merely seeking "his 15 minutes of fame".[377]
In the 2005 deposition that was made public in July 2015, Cosby admitted to making regular payments to Therese Serignese to reward her for good grades.[376]