Whether Cosby did these or not, what is the standard of which proof is available? Is there ANY physical evidence of his rapes and what is the statute of limitations? In a criminal case can it be proved without any doubt? In a civil case can it be pursued to success? After all is done, Cosby is toast but I don’t see any honest and truthful end to this whole episode. Cosby is wealthy enough to fight this off successfully. He should let his lawyers do the fight and fade into the dark. He’s being punished for his sins with the destruction of his future earnings. Cosby will face his judge after he dies.
Even in a civil trial this will be he said, she said.
At this point in time there is essentially nothing in the way of evidence other than the testimony of the two people involved.
That means the only way a judge or jury can make a decision is on the basis of which party tells a better story.
In a criminal trial, the standard of proof is beyond a reasonable doubt. Frankly I see no way at all I, as a juror, could vote for conviction in such a case. How could I not have a reasonable doubt when it’s one person’s word against another’s?
Some people are excellent liars. Others aren’t believable on the stand when they are telling the truth.
In a civil trial it’s preponderance of evidence. But we’re still back to actual evidence being balanced 50/50.
I’m sorry that rape, especially of the date variety, is so hard to prove in court, but somebody point out another crime for which we routinely convict people based solely on one person’s testimony, refuted by the defendant.
the civil court standard is the preponderance of evidence. evidence can be circumstantial. if there is no physical evidence but 20 witnesses come forward describing the same MO, Cosby is likely to be toast. See my earlier post for civil statute of limitations in California. It’s not a criminal court case, it is a civil case; however Cosby’s responses in depositions could lead to criminal proceedings, not limited to California state jurisdiction.
My take FWIW is that Cosby is only now being dragged into court kicking and screaming for stuff he wrongfully thought he could get away with. Most of these women are in their mid-40s or older— they are putting their lives on hold and their livelihood on the line to come out. Actually, some of them came out years ago, but did not resonate with the public consciousness until now. Everyone knows most civil cases are not pursued to jury success, but settled out of court, which is the best system we have been able to come up with until now, like it or otherwise. The honest and truthful end to cases like these are when the accused are hauled into court to face their accusers, and tried by a jury of their peers, or settle to avoid that ignominious end. If Cosby is guilty of this stuff (and IMHO it seems likely that he is), then heck, I have no pity for him. Why should I? Why should anyone? The guy thought he could get away with something very wrong, many times. He is not getting away with it now. I do not have any problem with that.