As 2015 begins, allegations of rape and sexual assault are accumulating at a major figure of the American cultural and social landscape : Bill Cosby.
The man who changed America’s perception of itself through 12 years of the Fat Albert saga and survived the failure of more direct attempts to influence the Black community to modernize its view of itself by then providing 8 seasons of The Cosby Show that literally opened TV to “black shows” is now accused or slandered depending on the point of view! Wassup?
Words matter a lot and the reader is asked to consider each carefully :
IF Bill Cosby has not done what is claimed by many women, it is slander.
IF Bill Cosby is guilty of one of the crimes claimed, the term should be accused but is not. Why?
Claimed and accused do not depend solely on facts but also on rules of law that try to cover everyone’s rights within the process. In countries that have no statute of limitations for claiming and suing, Bill Cosby would be accused and in some that do too as the durations of such statutes vary. In America, they are rather short on average.
What are limitations? A time limit to report a crime to Justice.
Why limitations? There are four parties to protect in the judicial system : the claimer or victim, the object, accused or culprit, the government and Justice itself as the body carrying the process. All but the former benefit from limitations.
Limit to complain should :
-allow law enforcement normal lee-way in pursuing proof;
-make cases easier but also more just by avoiding long-drawn memories to recount uncertain events in tainted ways and muddle the decision-making to no result while still bringing the cost to the government and tax-payer;
-restrain revenge complaining where a pseudo-victim builds a claim to profit ( sometimes hoping to profit from the above elapsed time ).
It is evident that this restricts the victims more than the offenders on average and yet, as we will see, points to an pre-existing problem.
The first woman to accuse Bill Cosby is Andrea Constant; the events date back to 2004. A friend of the comedian, Ms. Constant reports a complex tale with surprising elements due to familiarity. Both because I had no access to the court documents and because of the peculiarity of sexual abuse by someone familiar, I won’t deconstruct her case here. There are incongruities that could lead to doubt but the US court tasked with the complaint ( made in Canada where the presumed victim originates and lived then ) did pursue the matter. It was, mind you, a mere year after the facts and yet that was enough for medical analysis to be void. You cannot apply a rape kit months after the facts. Despite a thorough investigation, the police found no evidence to base charges on and the case was dropped in 2006. Then Ms. Constant made a civil claim that was settled. And we are back to opinion.
For instance, her lawyer said 13 other women were available to testify but settling means they weren’t heard. I have severe distrust of the dual criminal / civil process. I have always doubted the validity of the dual process of criminal to civilian claims. If a criminal trial ends in conviction, suing for damages is normal. When criminal accusations do not make it to judgement, they should be null; the O.J. Simpson case comes back to mind where one is found not guilty, which is admittedly not always the same thing as innocent, of the crime but responsible of it if only financially. The fact that the second is “easier” to win is also problematic ( dual standards ) as is the presence of money coupled with the possibility of non-admission of guilt ( the case here ). What’s more, settling sends a bad message for the accused as far as I am concerned. The accuser is this time favored, fine if a victim and despicable if not.
The problem in my mind is this makes all considerations debatable hence.
Fans of Mr. Cosby will say that he was never found guilty of anything which is true.
Adversaries will say he swept his crimes under the cash rug.
IF Bill Cosby is a rapist, the complexities of the judicial system ( i.e. status of limitations ) had him escape punishment.
IF Bill Cosby is not a rapist, Ms. Constant stole from him with the help of the court.
What we are now left with is utter uncertainty. Even the fact that so many women came forward covering over 30 years is no proof one way or the other. The number of claimed victims points one way as do the resemblances in ages ( 18-25 ) and what they remember while both the wait until limitations forbade trial and some extravagant accusations ( suitcase full of drugs in one single case ) point the other. Then again, drugs were present in all accounts as did waiting too long to come forward. Had it not been for Ms Constant ( since the settlement not authorized to discuss the matter ), we may never have heard anything? In reverse, many of the plaintiffs have maintained relations with Bill Cosby after the alleged incidents, including monetary and sexual, yes, sexual!
Out of the whole affair, two things strike me. First the implications of limitations statutes had me wondering about a soft solution that may already exists but could be generalized : the rape kit. To offset the limit, I wonder if it would be feasible to have this performed without a prior police complaint. Suppose each emergency room or clinic had a legal procedure to allow the examination in valid fashion as regards the law even if the police is not called. This provision possibly exists somewhere today but I’d want it compulsory for places with limitations. Secure the proof even if the victim is not ready to file suit. At least, let’s discuss it? Besides, many victims still won’t go even then! ( sic )
But the other fix relates to us as individuals, men in particular. Rape is one of the least disclosed and reported crimes for reasons known to specialists : shame, guilt ( yes, here, the victims feeling guilt ), fear and so on. This is clear in the above if the calls are true. Even adult women will keep the secret! Kids we’d understand but adults? Part of why is that perpetrators are often acquaintances, neighbours or even family and spouses. In these conditions, telling may end up more costly, damaging to the victim than silence. I hope all agree that silence is an additional punishment for the victim. Some, and not just in far away or backward countries, get handed disbelief and ostracism by even friends for calling out. The psychological scars of rape shouldn’t be compounded by such treatment.
As parents, no matter how difficult to address such issues, I think we should all have a talk on rape with our kids at the same time or about that we have the one on sexuality, sexual conduct & responsibility. If you are not equipped for it, do refer your teenagers to a professional. I don’t care if mores or religion hinder your views on the matter, it needs to be said and doing without makes you part of the problem if it happens! And this has to be done before they enter the sexual environment and ideally for both sexes.
Let’s be clear, it won’t help for the youngest, it won’t stop “street” or stranger rapes and it won’t stop dedicated rapists. It can do this though :
if told that shame is not to be associated with the victim, it can help break the silence by empowering the girls but also, because I said kids without reference to sex, the boys will be part of this and hopefully learn to listen. As brothers, friends and husbands ( even as boss ), they could, by showing openness, favor the outing of the difficult secret.
Personally, I had the immense luxury of being allowed to discuss pretty much anything with my parents. I can hardly imagine life any other way. To think that, because they were not assured of support, some people ( not all rape victims are women by the way ) will endure long drawn mental isolation and suffering is difficult to accept. Being ready to help may not be enough anyway as I suppose I could be too representative of the classic male to be a first choice for confidence or solace but that matters none. I have a son who is in a relationship. I hope that as a father, I guided him well enough to act properly and he may be the one to answer the call.
I guess what I am saying is that as we saw, the legal set-up surrounding rape is imperfect. As a person, you can’t change that single-handedly. Your attitude however, you have control over : make it amenable to the cries for help?
Change your mind and the rest will follow, Tay.
Sources :
http://www.people.com/article/three-new-women-allege-assault-bill-cosby-gloria-allred
http://www.people.com/people/archive/article/0,,20059561,00.html
http://abcnews.go.com/Entertainment/bill-cosby-sex-assault-allegations/story?id=26969449
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