Martin Singer, the attorney for Bill Cosby, referred to the rape allegations made by the accusers against his client in November 2014 as being beyond ridiculous.
Singer stated that there has never been a shortage of lawyers willing to represent people with claims against powerful and wealthy men. It is significant that these new women who have come forward for the first time assert a legal claim of sexual assault, as it makes it clear that it is not just one of these women, but rather a group of women. Lawsuits are being filed against these individuals by the public eye on a daily basis. Singer expressed that these new claims about events alleged to have happened decades ago are becoming increasingly absurd, considering that no civil claims or reports were made to law enforcement over the span of many years, and nothing was done about them.
Further Singer stated that this situation is an unprecedented example of the rush of breakneck media to run stories without adherence to traditional journalistic standards or any corroboration, when we have only uncorroborated and unsubstantiated new stories with documentary evidence to back them up, when the woodwork will end it.
Janice Dickinson, a fashion model, Carla Ferrigno, the spouse and manager of actor Lou Ferrigno, the leading actor of the television series “Incredible Hulk,” Louisa Moritz, an actress known for her role in “Love, American Style,” and Theresa Serignese, a healthcare professional, are among the many women who have stepped forward with accusations of sexual assault.
Up to this point, 36 women have publicly emerged, accusing Bill Cosby of improper sexual conduct and allegations of rape.
Now these accusations appear challenging to refute, particularly given that many acquaintances and former colleagues swiftly came to his aid to discredit these claims, despite the initial skepticism surrounding the allegations.
Court Documents of Previous Rape Allegations Unsealed
Recently, a judge unsealed court documents relating to a civil lawsuit filed by Andrea Constand in 2005, in which she revealed that Bill Cosby admitted to procuring Quaaludes, a drug intended for use during sex with women.
During a sworn deposition, Bill Cosby responded to the inquiries posed by Dolores Troiani, the attorney of Andrea Constand.
Troiani inquired, “Were you planning to employ these Quaaludes in your thoughts when you acquired them, in regards to young women you desired to engage in sexual activities with?”
“Yes,” responded Cosby.
“Did you ever administer any of those young females the Quaaludes without their awareness?” Inquired Troiani.
At this juncture, Bill Cosby’s legal representative raised an objection, advising him against responding to the inquiry.
Despite the rape accusations and the 36 women who have stepped forward, Bill Cosby has not confessed to actually administering Quaaludes to drug any of them. Although he has acknowledged acquiring multiple Quaaludes prescriptions with the intention of using them on young women he intended to engage in sexual activities with.
When Troiani began questioning whether Cosby had provided these “other individuals” with Quaaludes, knowing they were illegal, his lawyer intervened once more, stating that his client had only admitted to giving them to a woman whose name had been redacted. However, Cosby does acknowledge giving drugs to “other individuals.”
Bill Cosby later stated that he “misunderstood. The individual in question, (the individual whose name is redacted), not multiple individuals.”.
Despite this, why has Cosby never faced criminal charges?
In nearly every state where the accusations have emerged, it seems that the comedian’s accusers are unable to seek legal recourse due to the expiration of the statute of limitations for his actions.
Statute of Limitations for Rape and Tolling Provisions
Limitations of a Statute, as defined, refer to the specified time period during which prosecutors are prohibited from charging someone with a crime that has already been committed.Output: The Limitation Statute is a law that defines the specified time period during which prosecutors are forbidden from charging someone with a crime that has already been committed.
“There are a number of provisions tolling that are concerned with cases of sexual abuse where provisions tolling are called provisions tolling. Certain aspects of a statute are suspensions of provisions tolling, which are called provisions tolling. Some states have called provision tolling as “Delayed discovery”.”
The “un-suspended” statute of limitations is said to apply when a victim consciously remembers an event of sexual abuse that occurred, referring to the discovery of a repressed memory about such an event, which has a psychological effect on the victim.
The tolling provision exception cannot be utilized if a victim has expressed awareness of any wrongdoing occurring during or shortly after the commission of the crime, thereby preventing the suspension or delay of the statute. Although tolling provisions offer assistance, they can also impose significant rigidity.
Due to this, it can only be utilized if it can be applied to individuals with fully suppressed recollections.
Victims of sexual assault often do not realize that they have been abused for approximately three years, which depends on the laws of the state in which the complaint is filed.
Due to the fact that Cosby’s accusers shortly realized they had been raped, this provision of tolling does not apply to them.
Statute of Limitations in New York
Bill Cosby’s accusers have been unable to file claims against him due to the old statute of limitations that existed when the allegations of rape occurred. However, the state of New York abolished the existing statute of limitations regarding sex crimes in 2006.
As time goes on, more states in the U.S. Are getting rid of limitations on statues relating to sex crimes, due to the fact that these statutes have clearly been unjust. It is not just realistic to be committed to laws involving these crimes.
In numerous instances, victims opt to remain silent when confronted with the potential of encountering their assailant in court. Sexual abuse victims frequently experience trauma, shame, and fear even years or decades after the offense, which deters them from speaking up.
Their response is further complicated by the subsequent data:
It is almost impossible to prosecute cases of sexual abuse resulting from arguments, as it makes the situation of preserving any physical evidence to order in a crime nearly impossible. There is always the same fear of intense psychological abuse preventing victims from coming forward to file claims in the first place, ignoring the fact that these claims can only be filed within a few years due to the limitations imposed by statutes.
Cosby’s Rape Allegations and His Unsealed Documents
In opposition to the comedian, these females might file lawsuits for sexual misconduct in order to finally have their chance in court. They might even allow these women to lend credibility to their sexual accusations, which is crucial to support the required evidence and safeguard these court records that have been made public. The unsealed court documents could serve as a ray of hope for Bill Cosby’s accusers.
In the most recently released document, Bill Cosby openly confesses that he acquired the Quaaludes, which were banned in 1984, solely with the intention of providing them to women he desired to engage in sexual activities with, in order to retain the prescriptions.
An Alternative Charge of Bill Cosby’s Rape Allegations
Because Bill Cosby has been accused of raping multiple women in several states, the federal court system could legally bring criminal charges against him for the allegations of sex abuse and sex crimes, as there are no limitations on the statutes defining sex abuse in the federal description.
Each and every woman making allegations against Bill Cosby for sexual misconduct will have the opportunity to present their claims through the submission of a federal lawsuit. However, it is important to consider that due to the statutes of limitation, this course of action may potentially lead to a violation of the plaintiffs’ constitutional rights to fair treatment as outlined in the Fourteenth Amendment. This is because, in most instances, states maintain authority over cases related to sexual abuse and typically handle them on a state level.
If a person engages in any sexual act with another person who is physically incapable of participating or declining due to unwillingness or fear, or if a person places or threatens to place another person in fear in order to engage in a sexual act, they shall be imprisoned for a certain number of years and fined under the title mentioned in section 109A of the U.S. Code, title 18 statute.
In addition to other instances of sexual abuse, a federal lawsuit has the potential to inspire more women to step forward, not only in the Bill Cosby case, but also in other cases of sexual abuse. Despite the absence of concrete evidence, Cosby’s sworn testimony acknowledging his use of Quaaludes to sedate women for sexual purposes, along with the unsealed court documents, remains available. Some cases involve accusers who were underage at the time of the alleged abuse, claiming that Cosby incapacitated them by administering drugs before committing sexual assault.
The lowest possible sentence for federal sexual abuse offenses is twenty years to life.