Comedian Bill Cosby to be sentenced for sexual assault

BILL Cosby sat slumped with his head bowed in a suburban Philadelphia court, as he waited to hear if he would spend the rest of his life behind bars.

His sentencing for sexual assault began with a fierce legal argument over whether he should be given the “sexually violent offender” label, which would represent a permanent stain on his legacy.

The TV star pointed at the crowd as he entered Montgomery County Court, but remained silent while his lawyers fought on his behalf — as he has largely done throughout his high profile trial, apart from one outburst.

That came when the prosecutor asked the judge to revoke his bail at an earlier hearing, claiming he was a flight risk and had a private plane. Cosby shouted: “He doesn’t have a plane, you asshole!”

The man once known as “America’s Dad” was found guilty on three counts of aggravated indecent assault on April 26, for drugging and sexually assaulting Andrea Constand at his home in a Philadelphia suburb in 2004.

Dr Kristen Dudley, a psychologist and member of Pennsylvania’s State Sexual Offenders Assessment Board, said he should receive the label, which would necessitate community notification of his whereabouts, lifetime counselling and be permanently attached to his name.

“I came to the conclusion that Mr Cosby does in fact meet the criteria to be classified as a sexually violent predator,” said Dr Dudley, citing the nature of Cosby’s relationship with Ms Constand, who was an employee at Temple University, where he was a benefactor.

“He used that friendship, that relationship, that trust to take advantage of her using drugs and alcohol and when she was rendered unconscious or sedated.”

Dr Dudley said witness testimony from his two trials “creates a picture of Mr Cosby who befriends women and during course of the relationship was supplying them with drugs or alcohol to sedate them.”

Testifying for the prosecution, the doctor claimed Cosby had a mental abnormality, a “paraphilic disorder” in which he targeted “nonconsenting women.” She further claimed he had been predatory in initiating and maintaining a relationship with Ms Constand in part in order to victimise her, drugging and assaulting her “for the sole purpose of his gratification.”

Defence lawyer Joseph Green argued that one factor in branding a “sexually violent predator” was the risk of re-offending — and that the literature shows that risk declines with age. He said the legally blind 81-year-old would have few opportunities to meet and victimise anyone else.

Mr Green also noted that the “paraphilic disorder” Dr Dudley applied to the former Cosby Show star had only become a possible diagnosis in the past few years. He said the state law itself was unconstitutional, with Pennsylvania and other states repeatedly rewriting their sex-offender reporting laws after courts found them vague and unfairly punitive.

SEMINAL #METOO MOMENT

The court was packed with the TV star’s accusers, who embraced before the hearing began, in what marks the first sexual assault sentencing of a major celebrity in the #MeToo era.

One protester outside the court in Norristown, Pennsylvania, pushed a Cosby mannequin on a trolley blowing bubbles, to protest the statute of limitations, which prevented many of his accusers from pressing charges.

The 81-year-old could face up to ten years in prison on each count, which would most probably see him die behind bars. However legal experts believe such a lengthy jail term is unlikely, as there is no minimum sentence which means he could also be placed on probation. But lawyers who work in sexual assault cases have predicted the once celebrated comedian could face a sentence of just two to four years.

The judge will also have to decide whether Cosby is permitted to remain free pending his probable appeal — but this is thought to be an unlikely result, with sexual assault campaigners keen to see him finally jailed for his crimes.

The comedian will be permitted to speak during the hearing, if he choose, as will Ms Constand and others connected to the case.

Cosby has been under house arrest after posting a $1 million bail. He is only able to leave his home with advance permission, for medical reasons or to meet lawyers.

He is legally blind and lives with wife Camille, who has stuck with him throughout the accusations, saying there had only been “affairs”, which the couple had resolved privately.

Sixty women have accused the former TV star of sexual assault. Ms Constand was the only victim to give evidence at his first trial, which ended in a mistrial with the jurors deadlocked and unable to reach a unanimous decision.

At the retrial, five other accusers were also permitted to give evidence.

More to come.

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