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      Lawsuit Accusing Bill Cosby of Sexual Assault Heads to Trial

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      A civil suit accusing Mr. Cosby of assaulting a teenager in the 1970s, which he denies, will be the first to head to court since his criminal conviction was overturned last year.Judy Huth met Bill Cosby when she was still a teenager, she has recounted in court papers. It was the mid-1970s, and Mr. Cosby had already had his breakthrough on the TV series “I Spy” and become a movie star, but was still years away from his huge success on “The Cosby Show.” Ms. Huth and a friend spotted him on a film set in a park in San Marino, Calif., and ended up meeting him in person, according to her court filings.Days later, she asserts in the filings, she went to Mr. Cosby’s tennis club at his invitation, where he gave her and her friend alcohol before taking them to the Playboy Mansion in Los Angeles, where she accuses him of forcing her to perform a sex act on him in a bedroom. Mr. Cosby has described her account as a fabrication since the case was first filed in 2014.This week the job of deciding who is credible will fall to a jury in Los Angeles Superior Court, as the civil trial of Mr. Cosby on Ms. Huth’s accusations that he sexually assaulted her is scheduled to get underway.Ms. Huth’s recollection regarding when the encounter occurred has changed. She initially said that it had happened in 1974, when she was 15. But more recently she concluded that it was actually in 1975, when she was 16, according to court papers. Since the beginning, she has said in court papers that she recalled Mr. Cosby telling her and her friend to claim they were both 19 if asked at the mansion.The change of dates has led Mr. Cosby’s team to further dispute her account. Andrew Wyatt, a spokesman for Mr. Cosby, said in a statement that Ms. Huth had “made inconsistent statements since the inception of filing this civil suit against Mr. Cosby.” Ms. Huth has said that recently released information supplied by Mr. Cosby’s team had led her to reconsider what year it occurred.Judy Huth, left, in 2015 with her attorney, Gloria Allred.Anthony McCartney/Associated PressThe civil case, one of the last unsettled lawsuits against Mr. Cosby, was largely put on hold while prosecutors in Pennsylvania pursued the criminal case that resulted in his 2018 conviction on charges of drugging and sexually assaulting Andrea Constand. But the conviction was overturned, and Mr. Cosby was released from prison last year when an appellate panel found that his due process rights had been violated when prosecutors ignored an assurance from a prior district attorney that Mr. Cosby would not be prosecuted.With the criminal case overturned, the significance of Ms. Huth’s suit has risen in the minds of some of the many women who have accused Mr. Cosby of being a sexual predator.“I think that Judy’s trial may be our last stand for justice and seeing accountability come to fruition in our stand against Bill Cosby,” Victoria Valentino, who says Mr. Cosby drugged and raped her in Los Angeles in 1969, said in a text. (Mr. Cosby has denied all allegations of sexual assault, and said any encounters were consensual.) She said she plans to attend part of the trial, which, barring a last-minute settlement, is set to begin with jury selection this week and opening arguments expected June 1.Patricia Steuer, who accused Mr. Cosby of drugging and assaulting her in 1978 and 1980, said that she saw the Huth civil trial as a chance to get a measure of justice. “There is no other recourse at the moment,” she said. “It probably is the only avenue available.”Mr. Cosby, now 84, has already faced multiple other civil cases filed against him by women, many of whom sued him for defamation after his legal team dismissed as fictions their accusations of sexual misconduct by him. Eleven civil cases ended in settlements, with 10 of the settlements having been agreed to by Mr. Cosby’s former insurance company over his objections, according to his spokesman.Ms. Huth’s lawsuit is poised to become the first civil case accusing Mr. Cosby of sexual assault to reach trial. In court papers, Ms. Huth says that in a bedroom at the Playboy Mansion, Mr. Cosby tried to put his hand down her pants and then forced her to fondle him.Ms. Huth filed her suit in December 2014, at a time when Mr. Cosby was facing allegations by many women who said he had drugged and sexually assaulted them, in incidents spanning several decades.She also reported her accusation to the police, but the Los Angeles County District Attorney’s Office declined to file criminal charges because the statute of limitations had passed.Her lawyers argued that the period for a civil claim had not expired, however, because in California it is extended for adults who say they were victims of sexual abuse as minors but repressed the experience. The deadline to file such a suit is determined in part by when the person, as an adult, becomes aware of the severe psychological effect of the abuse, her lawyers said.In 2020, California law was amended to further extend the statute of limitations for sexual assault filings in civil court.Ms. Huth’s revised timeline, which says Mr. Cosby assaulted her when she was 16 rather than 15, should not affect her ability to pursue the suit since the law views a 16-year-old as a minor, Ms. Huth’s lawyer, Gloria Allred, said.Mr. Cosby’s lawyers argued in legal papers that they felt ambushed by the sudden change in Ms. Huth’s account. They said that their research had been geared toward establishing Mr. Cosby’s and Ms. Huth’s whereabouts in 1974, and said they had prepared evidence to show that the entertainer was not at the Playboy Mansion in the period she suggested in 1974.Log books from the Playboy Mansion for 1974 do not list either Ms. Huth or her friend as having visited, according to Mr. Cosby’s lawyers.At a hearing last week, the judge asked Playboy to produce records for 1975 and agreed that Ms. Huth and the friend who accompanied her should sit for a further deposition before the trial begins.Mr. Cosby’s lawyers have also questioned whether she had only remembered the alleged abuse a short time before filing the suit because, they said, she had contacted a tabloid about it 10 years earlier.Mr. Wyatt, the spokesman for Mr. Cosby, said in the statement, “We feel confident that the Playboy records along with Ms. Huth changing her timeline of events from 1974 to 1975 in the 11th hour will vindicate Mr. Cosby.”Mr. Cosby acknowledged meeting with Ms. Huth at the Playboy Mansion, and Ms. Huth has produced photographs of them together that she said were taken there, according to court papers. But he has denied that she was a minor when they met.“While defendant does not deny that he socialized with plaintiff at the Playboy Mansion, as he did other women and men who frequented the club,” his lawyers said in court papers, “defendant vehemently denies that plaintiff was underage.”Ms. Huth has said that she changed the timeline of her account in part because she only recently realized, as a result of documents put forward by Mr. Cosby, that the filming of the movie “Let’s Do It Again,” where she says they met, took place later than she had recalled.The trial is expected to last two weeks, and Ms. Huth, who is seeking damages from Mr. Cosby, is expected to testify, along with the friend who accompanied her to the Playboy Mansion. Mr. Cosby has invoked his Fifth Amendment privilege against self-incrimination and will not testify. He will not attend the trial, Mr. Wyatt said.During pretrial hearings, Ms. Huth had asked for a bench trial, but the trial will be in front of a 12-person jury, with at least 9 of 12 votes needed for a conviction.Mr. Cosby settled a civil case Ms. Constand brought against him in 2006 for $3.4 million. The other civil cases were settled for undisclosed terms by the insurance carried on Mr. Cosby’s home policy, which provided “personal injury” coverage in a range of circumstances, including lawsuits that accused the policy holder of defamation.The other ongoing civil case against Mr. Cosby was filed last year by Lili Bernard, an actor and visual artist, who accused him of drugging and sexually assaulting her at a hotel in Atlantic City in 1990, when she was 26. She was able to file the suit, which is still in its early stages, because in 2019 New Jersey overhauled its laws on the statute of limitations for sexual assault cases, extending the time limit for filing suits and creating a special two-year window allowing people to bring cases regardless of how long ago the alleged assaults might have occurred. More

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      Supreme Court Will Not Review Decision to Overturn Bill Cosby’s Conviction

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      Prosecutors had appealed a ruling by the Pennsylvania Supreme Court, which had overturned the conviction on due process grounds.The U.S. Supreme Court has rejected the bid by prosecutors in Pennsylvania to reinstate Bill Cosby’s conviction for sexual assault, a decision that ends the criminal case that had led to imprisonment for the man once known as America’s Dad.In an order issued Monday, the court said, without elaborating, that it had declined to hear the appeal filed by prosecutors last November.The Supreme Court’s decision leaves in place a ruling issued by an appellate court in Pennsylvania last year that had overturned Mr. Cosby’s 2018 conviction on due process grounds, allowing Mr. Cosby, 84, to walk free after serving nearly three years of a three-to-10-year prison sentence.Mr. Cosby had been found guilty of drugging and sexually assaulting Andrea Constand at his home outside Philadelphia, though his lawyers argued at trial that the encounter, in 2004, had been consensual.The case, one of the first high-profile criminal prosecutions of the #MeToo era, drew widespread attention, in part because of Mr. Cosby’s celebrity and in part because dozens of women had over a period of years leveled similar accusations of sexual abuse against the entertainer. But the Pennsylvania Supreme Court ruled last June that Mr. Cosby’s due process rights had been violated when the Montgomery County District Attorney’s office pursued a criminal case against him despite what the appellate court found was a binding verbal promise not to prosecute given to him by a previous district attorney.The former district attorney, Bruce L. Castor Jr., who said he believed Ms. Constand but was not sure he could win a conviction, said he had agreed years ago not to press charges against Mr. Cosby to induce him to testify in a civil case brought by Ms. Constand. He said the substance of his promise was contained in a news release he issued at the time that said he found insufficient credible and admissible evidence. But he held out the possibility of a civil action “with a much lower standard of proof.” Ms. Constand later received $3.38 million as part of a settlement in her civil case against Mr. Cosby.During the civil case, Mr. Cosby acknowledged giving narcotics to women as part of an effort to have sex with them, a statement that was later introduced as evidence at Mr. Cosby’s trial.Understand Bill Cosby’s Sexual Assault CaseBill Cosby was released from prison June 30, 2021, after the Pennsylvania Supreme Court overturned his 2018 conviction for sexual assault.Why He Was Released: Here’s a breakdown of the issues surrounding the ruling to overturn the conviction.What Legal Analysts Think: The court’s decision opened an unusually vigorous debate among the legal community.His Uncertain Future: Experts say it’s unlikely the ruling will change the public perception of the former star.The Aftermath: The Times critic Wesley Morris looks at what to do with our fondness for “The Cosby Show,” and W. Kamau Bell’s documentary series contextualizes his legacy.Following Mr. Cosby’s conviction in 2018, an intermediate appeals court in Pennsylvania found that no formal agreement never to prosecute had ever existed, a position that aligned with what the trial court had ruled.But in a 6-to-1 ruling, the Pennsylvania Supreme Court found that Mr. Cosby had, in fact, relied on Mr. Castor’s assurances that he wouldn’t be prosecuted, and that charging Mr. Cosby and using his testimony concerning drugs at the criminal trial had violated his due process rights.Prosecutors had argued that such a promise had never been made. They said that no one else in the district attorney’s office at the time had been made aware of it and that a news release could not be the basis of a formal immunity agreement.A spokesman for Mr. Cosby, Andrew Wyatt, welcomed the decision Monday, saying in a statement that the entertainer and his family “would like to offer our sincere gratitude to the justices of the United States Supreme Court for following the rules of law and protecting the Constitutional Rights of ALL American Citizens.”Ms. Constand and her lawyers released a statement Monday that criticized the Pennsylvania Supreme Court’s ruling, in particular faulting the panel for assuming “there was a valid agreement not to prosecute, which was vigorously disputed in the Habeas proceedings, and determined by the trial judge not to exist.”Andrea Constand and her lawyers have consistently taken issue with the reasoning of the Pennsylvania Supreme Court in overturning Mr. Cosby’s conviction.Angela Lewis for The New York TimesThe Montgomery County district attorney, Kevin R. Steele, released a statement in which he expressed his appreciation to Ms. Constand and described petitioning for Supreme Court review as “the right thing to do,” even though there was only a small chance the court would take up the case.“All crime victims deserve to be heard, treated with respect and be supported through their day in court,” the statement continued. “I wish her the best as she moves forward in her life.”Mr. Cosby was first accused in 2005 of having molested Ms. Constand, then an employee of the Temple University basketball team for whom he had become a mentor. The case was reopened in 2015, and Mr. Cosby went through two trials, the first of which ended with a hung jury. The second ended in April 2018, with a jury in Montgomery County convicting Mr. Cosby of three counts of aggravated indecent assault.Both cases were closely watched by many of the women who came forward with similar accusations but statutes of limitations in their cases made further prosecutions unlikely.Mr. Cosby has consistently denied the accusations that he was a sexual predator, suggesting that any encounters were completely consensual.Patricia Leary Steuer, who accused Mr. Cosby of drugging and assaulting her in 1978 and 1980, said in an interview on Monday that she felt “a little let down by the decision” but that “it does not change anything for me and the other survivors” since, she said, public sentiment is on their side.“The survivors did what we were supposed to do which was to come forward and tell the truth and that’s what we did,” she said. “The rest is out of our hands.”Legal experts had predicted it would be unlikely that the Supreme Court, which denies the vast majority of petitions for review, would take up the Cosby case. For one thing, they said, the case involved a unique set of circumstances that did not necessarily raise far-reaching constitutional issues.Dennis McAndrews, a Pennsylvania lawyer and former prosecutor who has followed the case, said the Supreme Court typically “looks to determine whether there are compelling issues of constitutional law about which the courts across the country need additional guidance, especially if the case is capable of repetition.”Shan Wu, a former federal prosecutor in Washington, said the Supreme Court likely considered whether its ruling would have the potential for broader significance outside the parameters of this case. “It’s a very unique set of circumstances,” he said. “It’s highly unlikely to be repeated.” More

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      in Television

      ‘We Need to Talk About Cosby.’ (Among Others.)

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      W. Kamau Bell’s documentary series is a model of how to engage honestly with disgraced artists and their art.There is a simple, amazing thing that W. Kamau Bell does in his Showtime documentary series, “We Need to Talk About Cosby.” While interviewing subjects about the comedian and actor accused of multiple rapes, Bell has them watch scenes of Cosby’s performances on a tablet.Not a monitor on the set. Not a flatscreen on the wall. The interviewees — entertainers, experts, women who have accused Cosby of sexual abuse — hold a small screen in their laps. The device makes them turn their faces downward, lighting up at warm childhood memories or registering disgust at punch lines that now ring horrific.It’s a small gesture, but it’s important. You have to hold in your head what you know about Bill Cosby the man. And you have to hold literally in your hand what you know about Bill Cosby’s work.It is intimate, as art inherently is. Something came out of the artist’s mind and went into yours. At best, this is a transcendent experience. At worst — at the moment with Cosby — it can be unsettling, dissonant, sickening.Bell’s series, airing in four parts on Sundays on Showtime and streaming in full online, uses a straight chronological structure to consider, side by side, the arc of Cosby’s career, his particular importance to Black Americans and the stories of the many women who have reported being drugged and sexually assaulted by Cosby over decades.(In 2018, Cosby was convicted of sexual assault. His conviction was overturned in 2021 by the Pennsylvania Supreme Court, which ruled that prosecutors had reneged on an agreement not to charge him after a deposition in a civil suit, in which he had admitted giving women quaaludes in an effort to have sex with them.)The series is outstanding enough for how it contextualizes Cosby’s legacy, especially for Black America, and the charges against him, which Cosby denies. Bell grew up with Cosby — “I was raised by Fat Albert” — but he also has a sharp critic’s eye as a performer himself. Analyzing the famous lip sync of Ray Charles’s “Night Time Is the Right Time” from “The Cosby Show,” for instance, Bell notes how it specifically spoke to Black Americans by having the Huxtable family perform to the grandparents on the set, rather than toward the home audience through the camera..css-1xzcza9{list-style-type:disc;padding-inline-start:1em;}.css-3btd0c{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:1rem;line-height:1.375rem;color:#333;margin-bottom:0.78125rem;}@media (min-width:740px){.css-3btd0c{font-size:1.0625rem;line-height:1.5rem;margin-bottom:0.9375rem;}}.css-3btd0c strong{font-weight:600;}.css-3btd0c em{font-style:italic;}.css-1kpebx{margin:0 auto;font-family:nyt-franklin,helvetica,arial,sans-serif;font-weight:700;font-size:1.125rem;line-height:1.3125rem;color:#121212;}#NYT_BELOW_MAIN_CONTENT_REGION .css-1kpebx{font-family:nyt-cheltenham,georgia,’times new roman’,times,serif;font-weight:700;font-size:1.375rem;line-height:1.625rem;}@media (min-width:740px){#NYT_BELOW_MAIN_CONTENT_REGION .css-1kpebx{font-size:1.6875rem;line-height:1.875rem;}}@media (min-width:740px){.css-1kpebx{font-size:1.25rem;line-height:1.4375rem;}}.css-1gtxqqv{margin-bottom:0;}.css-1g3vlj0{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:1rem;line-height:1.375rem;color:#333;margin-bottom:0.78125rem;}@media (min-width:740px){.css-1g3vlj0{font-size:1.0625rem;line-height:1.5rem;margin-bottom:0.9375rem;}}.css-1g3vlj0 strong{font-weight:600;}.css-1g3vlj0 em{font-style:italic;}.css-1g3vlj0{margin-bottom:0;margin-top:0.25rem;}.css-19zsuqr{display:block;margin-bottom:0.9375rem;}.css-12vbvwq{background-color:white;border:1px solid #e2e2e2;width:calc(100% – 40px);max-width:600px;margin:1.5rem auto 1.9rem;padding:15px;box-sizing:border-box;}@media (min-width:740px){.css-12vbvwq{padding:20px;width:100%;}}.css-12vbvwq:focus{outline:1px solid #e2e2e2;}#NYT_BELOW_MAIN_CONTENT_REGION .css-12vbvwq{border:none;padding:10px 0 0;border-top:2px solid #121212;}.css-12vbvwq[data-truncated] .css-rdoyk0{-webkit-transform:rotate(0deg);-ms-transform:rotate(0deg);transform:rotate(0deg);}.css-12vbvwq[data-truncated] .css-eb027h{max-height:300px;overflow:hidden;-webkit-transition:none;transition:none;}.css-12vbvwq[data-truncated] .css-5gimkt:after{content:’See more’;}.css-12vbvwq[data-truncated] .css-6mllg9{opacity:1;}.css-qjk116{margin:0 auto;overflow:hidden;}.css-qjk116 strong{font-weight:700;}.css-qjk116 em{font-style:italic;}.css-qjk116 a{color:#326891;-webkit-text-decoration:underline;text-decoration:underline;text-underline-offset:1px;-webkit-text-decoration-thickness:1px;text-decoration-thickness:1px;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:visited{color:#326891;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:hover{-webkit-text-decoration:none;text-decoration:none;}And in interviews with numerous Cosby accusers, the series offers harrowing accounts of how Cosby leveraged his trust and moral authority — as a groundbreaking comic, pop-cultural educator and TV father figure — both to bully people professionally and to cover for, as they describe it, the acts of a predator.But it’s in bringing the two sides together that “We Need to Talk About Cosby” does something too rare in cases like this. It holds Cosby’s achievements and his wrongs close, and it recognizes that there may be unresolvable dissonance between the two.Too often, the public conversation around Cosby — and around other artists who have fallen into various forms of disgrace — labors to fix these contradictions. We turn them into morality-play debates, like “Should you still watch ‘The Cosby Show’ (or read ‘Harry Potter,’ or see Woody Allen’s movies, or laugh at Dave Chappelle’s or Louis C.K.’s standup, or … )?” The question shunts the ethical burden of an artist’s words or deeds onto the audience.Cosby (with Malcolm-Jamal Warner, far left; Keshia Knight Pulliam, middle right; and Tempestt Bledsoe) made little distinction between himself and his character on “The Cosby Show.”NBC Universal, via Getty ImagesOne ham-handed way of resolving the tension is by insisting that people “Separate the art from the artist,” an especially bizarre request given how many such artists rely on associating their creations with their personas. (Cosby made little distinction between himself and Cliff Huxtable.) The biographical Michael Jackson musical “MJ” takes this to an extreme, ignoring the charges that Jackson molested children, separating the artist from the allegations.Another way is to retrofit your view of the work to match what you now know about the artist. Maybe the work becomes a kind of crime scene, full of clues and confessions we might have seen earlier, if only we had known to look. (There is some of this in Bell’s documentary, which brings up Cosby’s much-noted fixation on aphrodisiac drugs in his standup and TV comedy.)Or maybe the art must be retroactively downgraded. A work that we once erroneously believed to be good, because we were misguided, or taken in by a bad actor, is revealed to have been tainted all along with hackery and hidden self-justifications. The dissonance is resolved. The bad person simply made a bad thing.Appreciating art, especially narrative art, requires a moral sensibility. It’s what allows you to distinguish good behavior from bad, to orient yourself in a fictional world’s moral universe. And we live in a moralistic time, when many audiences don’t want to see daylight between the text of a work and the beliefs of its creator.So it’s tempting to believe that only good people create good art — and to be disturbed that you, a good person, have connected in some way with the creation of someone who turns out to be a monster. Who wants to be a sucker, a victim, an accomplice?It may be even more disturbing to acknowledge not only that a bad person created a great work but also that the work can’t be neatly isolated from the creator’s worst aspects. We each harbor within us good and bad impulses, which hopefully most of us master in favor of good, but which every artist, however moral or immoral, draws on to create.This messy, unsatisfying reality plays out in a damning recent New York magazine story on the TV creator and film director Joss Whedon. Like Cosby, Whedon benefited from a righteous public image — in his case, as a feminist and thoughtful nerd whose enlightenment elevated his pulp-literate creations, especially “Buffy the Vampire Slayer.” That image collapsed in recent years amid accusations that he treated actors cruelly on set, had affairs with employees and used his persona as a shield. (Whedon has disputed some of the charges.)Though Whedon seems to participate in the article as damage control, he does himself few favors. The interviewer, Lila Shapiro, hands him the stake and he does the rest. Asked about his affairs on the “Buffy” set, “he quickly added that he had felt he ‘had’ to sleep with them, that he was ‘powerless’ to resist.”But Whedon’s bad allyhood and rationalizations are only part of the story. Shapiro also writes insightfully about the “Buffy” fans who, whatever their idol’s hypocrisy, were genuinely thrilled, inspired and given a witty voice by the show’s outcast heroes. Some of them have tried to adjust to what they now know about Whedon by adjusting their view of his work:Over the last year, some of his fans have tried to scrub him out too, erasing him from their narratives about what made “Buffy” great. In posts and essays, they have downplayed his role in the show’s development, pointing out that many people, including many women, were critically important to its success. It may be hard to accept that Whedon could have understood the pain of a character like Buffy, a woman who endures infidelity, attempted rape and endless violence. But the belief that her story was something other than a projection of his psyche is ultimately just another fantasy. Whedon did understand pain — his own. Some of that pain, as he once put it to me, “spilled over” into the people around him. And some of it was channeled into his art.“Buffy” was always a collaborative work, of course; nearly all TV is. But it didn’t suddenly become more collaborative because we needed it to be. Which leaves a disappointed fan with a dilemma: How to sit with what you felt once and what you know now, with how an artwork moved you and how reality appalled you, without diminishing either to make room for the other.“We Need to Talk About Cosby” is as good a model as I’ve seen for doing this. It doesn’t tell anyone what they “should” do about Cosby or “The Cosby Show.” But it asks the viewer to do something hard: to accept that what you once thought about the work still holds true — it actually made you feel what it did — but that the things you know about the artist are also true, and the two may be inseparable, in ways that might make it painful ever to look at the work again.Throughout the series, Bell employs the idea of “the Cosby we knew” versus the Cosby we didn’t. In a closing monologue, he says: “There were times when I was making this show that I wanted to quit. I wanted to hold on to my memories of Bill Cosby before I knew about Bill Cosby. I guess I can — as long as I admit, as long as we all admit, that there’s a Bill Cosby we didn’t know.”This Jekyll-and-Hyde division makes sense as a rhetorical device, a way of talking about the good that can be acknowledged in people and the evil that must be deplored in them. But as Bell’s wise documentary also makes clear, there wasn’t really one Bill Cosby and another secret one. There isn’t a good Cosby and a bad Cosby, whom we can store in different mental compartments. There is just Bill Cosby, about whom we didn’t know enough and now know dreadfully more. In the end, Dr. Jekyll and Mr. Hyde are always the same guy. More

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      Kamau Bell: Bill Cosby Is Key to Understanding America

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      When W. Kamau Bell was growing up, Bill Cosby was the “wallpaper of Black America” and an inspiration, Bell said in a recent interview. Bell’s new documentary, “We Need to Talk About Cosby,” surveys the star’s long career and cultural impact, as well as the accusations of sexual assault that culminated in his conviction, on three counts of aggravated indecent assault, in 2018. Cosby was freed from prison in June 2021 after an appeals court ruled that his due process rights had been violated.The four-part documentary — which premieres on Showtime on Sunday — consists of clips from his shows and standup act, conversations with women who accused Cosby and a parade of other interviewees who try to process the Cosby story and his legacy.As a comedian and host of shows like CNN’s “United Shades of America,” Bell said he has become known as a guy who is willing to have difficult conversations. But the one about Cosby was tougher than most, generating criticism from both sides: Some Cosby accusers didn’t talk to him because they didn’t want to be part of a project that includes Cosby’s achievements. At the same time, Bell said, he has been accused of tearing down a Black role model when he could be examining white transgressors instead.Last week, Cosby criticized the project through his spokesman, Andrew Wyatt, who added that Cosby continues to deny all allegations against him. Wyatt also praised Cosby’s work in the entertainment industry. “Mr. Cosby has spent more than 50 years standing with the excluded,” he said in a statement.As a reporter who covered Bill Cosby’s trials for The New York Times, I am familiar with the accusations against him. But the documentary sets those accusations in a deep context of American culture and Cosby’s career.Recently I spoke to Bell by video call about making the series, and about his belief that Cosby’s story is a story about America. These are edited excerpts from the conversation.Hi Kamau. How are you doing?[Laughs.] You’ve covered this story a lot, so I think you probably have some sense of how I’m doing. And then add Black into it.You’ve described to me the trepidation you felt about getting involved in something that had the potential to be “toxic.” What do you mean by that?We reached out to people, and we got so many “no”s so quickly. At the time, he was still in prison, and I thought, Oh maybe we can finally have the productive Bill Cosby conversation. But with every note I got from people who were really doing well in show business, what I’m hearing is, “This is a bad idea.” Not that they would say that outright, but the feeling was, No, I don’t want to touch that. Maybe they didn’t want to touch it with me, but I think generally they don’t want to touch it.Why would they say that?I mean specifically for Black people, whether you were involved indirectly or not, it’s hard to have a productive conversation about Bill Cosby without frustrating some of your audience who still wants to support him, whether they believe he did these things or not..css-1xzcza9{list-style-type:disc;padding-inline-start:1em;}.css-3btd0c{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:1rem;line-height:1.375rem;color:#333;margin-bottom:0.78125rem;}@media (min-width:740px){.css-3btd0c{font-size:1.0625rem;line-height:1.5rem;margin-bottom:0.9375rem;}}.css-3btd0c strong{font-weight:600;}.css-3btd0c em{font-style:italic;}.css-1kpebx{margin:0 auto;font-family:nyt-franklin,helvetica,arial,sans-serif;font-weight:700;font-size:1.125rem;line-height:1.3125rem;color:#121212;}#NYT_BELOW_MAIN_CONTENT_REGION .css-1kpebx{font-family:nyt-cheltenham,georgia,’times new roman’,times,serif;font-weight:700;font-size:1.375rem;line-height:1.625rem;}@media (min-width:740px){#NYT_BELOW_MAIN_CONTENT_REGION .css-1kpebx{font-size:1.6875rem;line-height:1.875rem;}}@media (min-width:740px){.css-1kpebx{font-size:1.25rem;line-height:1.4375rem;}}.css-1gtxqqv{margin-bottom:0;}.css-1g3vlj0{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:1rem;line-height:1.375rem;color:#333;margin-bottom:0.78125rem;}@media (min-width:740px){.css-1g3vlj0{font-size:1.0625rem;line-height:1.5rem;margin-bottom:0.9375rem;}}.css-1g3vlj0 strong{font-weight:600;}.css-1g3vlj0 em{font-style:italic;}.css-1g3vlj0{margin-bottom:0;margin-top:0.25rem;}.css-19zsuqr{display:block;margin-bottom:0.9375rem;}.css-12vbvwq{background-color:white;border:1px solid #e2e2e2;width:calc(100% – 40px);max-width:600px;margin:1.5rem auto 1.9rem;padding:15px;box-sizing:border-box;}@media (min-width:740px){.css-12vbvwq{padding:20px;width:100%;}}.css-12vbvwq:focus{outline:1px solid #e2e2e2;}#NYT_BELOW_MAIN_CONTENT_REGION .css-12vbvwq{border:none;padding:10px 0 0;border-top:2px solid #121212;}.css-12vbvwq[data-truncated] .css-rdoyk0{-webkit-transform:rotate(0deg);-ms-transform:rotate(0deg);transform:rotate(0deg);}.css-12vbvwq[data-truncated] .css-eb027h{max-height:300px;overflow:hidden;-webkit-transition:none;transition:none;}.css-12vbvwq[data-truncated] .css-5gimkt:after{content:’See more’;}.css-12vbvwq[data-truncated] .css-6mllg9{opacity:1;}.css-qjk116{margin:0 auto;overflow:hidden;}.css-qjk116 strong{font-weight:700;}.css-qjk116 em{font-style:italic;}.css-qjk116 a{color:#326891;-webkit-text-decoration:underline;text-decoration:underline;text-underline-offset:1px;-webkit-text-decoration-thickness:1px;text-decoration-thickness:1px;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:visited{color:#326891;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:hover{-webkit-text-decoration:none;text-decoration:none;}How did the idea for the documentary come about?The idea came very naturally in a conversation with [Boardwalk Pictures Production]. I liked their work, they liked my work, and we started talking about comedian documentaries. Generally, there are not enough great comedian documentaries, and then through that conversation it was, “Could you do one about a comedian who has fallen?” There are any number to hold up, but Bill Cosby was the one we talked about. And I’ve been thinking about this Bill Cosby conversation for years.What did you hope to achieve?When I started making it, as we say in the doc, he was in prison. It sort of felt like the Bill Cosby story was, in large part, over. So maybe now we can have the conversation, and it’s a conversation I was already having in my head and with other people. Seeing people online trying to have it, the conversation wasn’t happening in a productive way.We have to learn something from this. If we don’t have the conversation, I don’t think we’re going to learn. The guy that I believed he was when I was growing up and when I was a young adult — that guy would want me to learn something from this.So on some level, your example, Bill Cosby, led me to try to figure this out.So what did you figure out?[Kierna Mayo, the former editor in chief of Ebony magazine] said something to the effect of, “Bill Cosby is key to understanding America.” To me, that’s what this is about.There are two runaway forces of oppression in America: One, how we treat nonwhite people. The other is how we have treated women through the history of this country. And if you look at Bill Cosby’s career, you can see things he did that makes this better and makes this worse. I believe there’s a lot to learn there.Kierna Mayo, the former editor in chief of Ebony, is among the interviewees who try to process the Cosby legacy in “We Need to Talk About Cosby.”ShowtimeYou use a timeline device in a powerful way that allows you to talk about the highlights of his career and also locate the timing of the accusations against him.I don’t like when documentaries tell some personal story but they don’t connect to history. Because you want to know what was happening when that happened — that helps give us the sense of why this is even more interesting.It doesn’t make sense to talk about Bill Cosby as if he was a solo man in the world. You have to really see how the boys-will-be-boys culture of Hollywood, specifically in the ’60s, invites a kind of behavior that allows predators to hide.It also lays this timeline of his career, the timeline of America and the timeline of the accusations on top of each other, which helps you see them in a new way.You raise the question about who else knew at the time about the accusations against Cosby, but you don’t come up with many specific answers. Did you try to talk to senior figures in the industry?Yeah. but we didn’t have access to any of those people. And I’m not an investigative journalist, so there’s a point at which I have to accept that I’m here to take all that we know and start to figure out what were the circumstances through which this went down.Ultimately, the bigger thing is it’s clear that the industry overall is not doing a good job, and the people who run the industry are probably still not doing the best job they can do. That’s the bigger issue to me.At times, it seems that the “We” in “We need to talk about Cosby” refers mainly to a Black audience. Are there some complexities of the Cosby case that are particular to Black people?I would say the “We” is those of us who feel connected to Bill Cosby. Now it just so happens that a lot of those people are Black people. But let’s be clear: He was America’s dad, not Black America’s dad. He was universal. Everybody who worked on this, no matter what their race was, if they were of a certain generation, they were like, “Yeah, I watched that show and felt like I was part of that family, too.”Even this interview is complicated: For a lot of people, I will be tearing down a Black man in a white newspaper in front of a white man. And the question is, why isn’t this interview about Harvey Weinstein, or Trump, or other people who have had allegations of sexual assault? Those are the questions that are coming at me now on social media — like, why this man?What do you say to your detractors?I learned long ago you can’t win those battles on social media, so I’m sort of allowing them to happen. I’m going to handle it by talking to you and other outlets, and by making sure I talk to Black press outlets, places where maybe those people will go. But I don’t think there’s any resolving it. If those people watch it, they will learn it is a more nuanced conversation than I think they believe it is.This is another trite thing to say, but we have to be on the right side of history here. Can this be an opportunity for a large percentage of this country to actually work to make the system and structures better, from the highest levels of show business and corporate America, through working-class America, all the way down to how sex education is taught in schools? There are so many levels of this — those of us who want to be on the right side of history have to do the work to rebuild these systems. You ask many times in the documentary, “Who is Bill Cosby now?” Did you come to a conclusion yourself?Somebody who has always taught us about America and is still teaching us about America, even if it’s in ways he does not want to. And it is very important for us to learn all of the lessons of Bill Cosby if we’re actually going to be a better society.Also embedded in that, and it’s hard to say it, but in the greater context: [Cosby is] one of the key figures for Black America and America in the 20th century. And one of the greatest standup comedians of all time. And the creator of one of the best sitcoms of all time. And, throughout a lot of his career, an advocate for Black excellence. But if you want to engage with that, you have to engage with the other stuff.Cosby was released from prison before you finished the documentary. How did his release change things?I didn’t want this, but it gave it a more immediate feel — this is an active situation again. He’s out in the world again, which means all the defenders are out there in the world again and feel emboldened. So it feels both more important to tell this story and scary to tell this story, because people are invested in protecting him.The most valuable conversation to me isn’t the film — it’s the conversation that we all have after we watch the film. No matter what you think about Bill Cosby’s story, it is critical that we create a society that treats survivors of sexual assault better. More

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      In Bill Cosby Case, Supreme Court Is Asked to Toss Ruling That Freed Him

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      The prosecutors who brought the 2018 sexual assault case are appealing the decision in June by the Pennsylvania Supreme Court that overturned the jury verdict.Prosecutors who say Bill Cosby belongs in prison are asking the United States Supreme Court to throw out an appellate court ruling earlier this year that overturned his 2018 conviction for sexual assault on due process grounds.Mr. Cosby walked free from prison in June after serving less than three years of a three-to-10-year sentence.His release followed a ruling by the Pennsylvania Supreme Court that Mr. Cosby’s rights had been violated when the Montgomery County District Attorney’s office pursued a criminal case against him despite what the appellate court found was a binding “non-prosecution agreement” given to him by a previous district attorney.It was a dramatic reversal in one of the first high-profile criminal convictions of the #MeToo era.The petition for review, filed last Wednesday by the district attorney’s office but only made public Monday, challenges that decision, arguing that the Pennsylvania Supreme Court erred in its ruling.The Pennsylvania high court’s decision came in the case of Andrea Constand, a former Temple University employee to whom Mr. Cosby had become a mentor. He was arrested in 2015 on charges that he had drugged and sexually assaulted her at his home in a Philadelphia suburb 11 years earlier.The arrest came at a time when dozens of other women had already come forward to accuse Mr. Cosby of sexual assault or misconduct.A spokesman for Mr. Cosby, Andrew Wyatt, released a statement that referred to the decision to seek Supreme Court review as “a pathetic last-ditch effort.”.css-1xzcza9{list-style-type:disc;padding-inline-start:1em;}.css-3btd0c{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:1rem;line-height:1.375rem;color:#333;margin-bottom:0.78125rem;}@media (min-width:740px){.css-3btd0c{font-size:1.0625rem;line-height:1.5rem;margin-bottom:0.9375rem;}}.css-3btd0c strong{font-weight:600;}.css-3btd0c em{font-style:italic;}.css-1kpebx{margin:0 auto;font-family:nyt-franklin,helvetica,arial,sans-serif;font-weight:700;font-size:1.125rem;line-height:1.3125rem;color:#121212;}#NYT_BELOW_MAIN_CONTENT_REGION .css-1kpebx{font-family:nyt-cheltenham,georgia,’times new roman’,times,serif;font-weight:700;font-size:1.375rem;line-height:1.625rem;}@media (min-width:740px){#NYT_BELOW_MAIN_CONTENT_REGION .css-1kpebx{font-size:1.6875rem;line-height:1.875rem;}}@media (min-width:740px){.css-1kpebx{font-size:1.25rem;line-height:1.4375rem;}}.css-1gtxqqv{margin-bottom:0;}.css-1g3vlj0{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:1rem;line-height:1.375rem;color:#333;margin-bottom:0.78125rem;}@media (min-width:740px){.css-1g3vlj0{font-size:1.0625rem;line-height:1.5rem;margin-bottom:0.9375rem;}}.css-1g3vlj0 strong{font-weight:600;}.css-1g3vlj0 em{font-style:italic;}.css-1g3vlj0{margin-bottom:0;margin-top:0.25rem;}.css-19zsuqr{display:block;margin-bottom:0.9375rem;}.css-12vbvwq{background-color:white;border:1px solid #e2e2e2;width:calc(100% – 40px);max-width:600px;margin:1.5rem auto 1.9rem;padding:15px;box-sizing:border-box;}@media (min-width:740px){.css-12vbvwq{padding:20px;width:100%;}}.css-12vbvwq:focus{outline:1px solid #e2e2e2;}#NYT_BELOW_MAIN_CONTENT_REGION .css-12vbvwq{border:none;padding:10px 0 0;border-top:2px solid #121212;}.css-12vbvwq[data-truncated] .css-rdoyk0{-webkit-transform:rotate(0deg);-ms-transform:rotate(0deg);transform:rotate(0deg);}.css-12vbvwq[data-truncated] .css-eb027h{max-height:300px;overflow:hidden;-webkit-transition:none;transition:none;}.css-12vbvwq[data-truncated] .css-5gimkt:after{content:’See more’;}.css-12vbvwq[data-truncated] .css-6mllg9{opacity:1;}.css-qjk116{margin:0 auto;overflow:hidden;}.css-qjk116 strong{font-weight:700;}.css-qjk116 em{font-style:italic;}.css-qjk116 a{color:#326891;-webkit-text-decoration:underline;text-decoration:underline;text-underline-offset:1px;-webkit-text-decoration-thickness:1px;text-decoration-thickness:1px;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:visited{color:#326891;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:hover{-webkit-text-decoration:none;text-decoration:none;}“In short, the Montgomery County D.A. asks the United States Supreme Court to throw the Constitution out the window, as it did, to satisfy the #metoo mob,” the statement said. “There is no merit to the DA’s request which centers on the unique facts of the Cosby case and has no impact on important federal questions of law.”A lawyer for Ms. Constand, Bebe H. Kivitz, said Ms. Constand “is gratified that the District Attorney’s Office is appealing. This appeal demonstrates the prosecutors’ confidence in the verdict, and attempts to seek justice on behalf of all of Cosby’s victims.”The accusations against Mr. Cosby, and his eventual conviction on three charges of aggravated indecent assault, painted a disturbing portrait of a man who for decades had brightened America’s living rooms as a beloved entertainer and father figure.Mr. Cosby has consistently denied the accusations that he was a sexual predator, suggesting that the encounter with Ms. Constand, and those with other accusers, had been completely consensual.It is by no means certain that the U.S. Supreme Court will agree to hear the case. The court denies the vast majority of petitions seeking review.The justices only consider cases that involve federal law, and they rarely hear cases merely to correct erroneous rulings. Instead, they generally agree to hear cases in which lower courts have reached differing conclusions or ones involving legal issues of great public importance.Some legal experts had not expected prosecutors to file an appeal to the Supreme Court, seeing the case as a matter of state rather than federal law, and one that involves a specific set of circumstances that do not involve far-reaching constitutional issues.For the appeal to succeed, the justices would have to decide that the Pennsylvania Supreme Court’s decision relied on and misinterpreted a federal law or constitutional provision, experts said.“The district attorney’s office really strains in its petition to make this into a precedent-setting issue — it’s not,” said Shan Wu, a former federal prosecutor in Washington, D.C., who has followed the case. “The unique facts make it highly unlikely that it would ever arise again.”Mr. Cosby’s lawyers have 30 days to respond, though they may seek an extension.Mr. Cosby’s appeal to Pennsylvania’s highest court had argued, among other issues, that the entertainer had relied on a previous prosecutor’s statement in 2005 that Mr. Cosby would not face charges in the case.The district attorney at the time, Bruce L. Castor Jr., had said he made the non-prosecution agreement verbally to Mr. Cosby’s lawyer, after determining there was insufficient evidence to win a prosecution on sex assault charges. He has pointed to a news release he issued announcing the end of the criminal investigation as evidence that an immunity agreement existed. He has subsequently testified that the agreement was intended to compel Mr. Cosby to testify in any civil suit that Ms. Constand might file by removing Mr. Cosby’s ability to exercise his Fifth Amendment right against self-incrimination.Shortly after the criminal investigation was dropped, Ms. Constand did sue Mr. Cosby, and settled in 2006 for $3.38 million.During testimony in the civil suit, Mr. Cosby acknowledged giving quaaludes to women he was pursuing for sex — evidence that played a key part in the criminal prosecution later brought by Mr. Castor’s successors.As the criminal case proceeded, the trial court — and an intermediate appeals court — found that no formal non-prosecution agreement ever existed.But in its 6-1 ruling, the Pennsylvania Supreme Court found that Mr. Cosby had, in fact, relied on Mr. Castor’s assurances that he wouldn’t be prosecuted and that the subsequent decision by a successor to charge Mr. Cosby violated the entertainer’s due process rights. The court barred a retrial, though two of the judges who voted in the majority dissented on that remedy.“Petitioning to ask the High Court for review was the right thing to do,” Montgomery County District Attorney Kevin R. Steele said Monday in a statement, “because of the precedent set in this case by the majority opinion of Pennsylvania Supreme Court that prosecutors’ statements in press releases now seemingly create immunity.”The district attorney’s office referenced an argument put forward by one of the Pennsylvania Supreme Court justices, Kevin Dougherty, who said in an opinion that no district attorney had the “power to impose on their successors — in perpetuity, no less — the kind of non-prosecution agreement that Castor sought to convey to Cosby.”In their 33-page filing, the prosecutors also tried to counter the argument that Mr. Cosby had a right to rely on what Mr. Castor said was a promise not to prosecute him further, asserting that “a reasonably prudent person would have been reckless to rely on a supposed guarantee that the prosecutor did not clearly convey and may not have had the power to grant.”Since being freed, Mr. Cosby, 84, has portrayed the decision as a full exoneration. The chief justice of the Pennsylvania high court, Max Baer, has said, though, that the court’s ruling did not find Mr. Cosby innocent, only unfairly prosecuted.Patricia Steuer, 65, who has accused Mr. Cosby of drugging and assaulting her in 1978 and 1980, said that although she appreciated the effort to appeal what she viewed as a flawed decision, she was not optimistic about the outcome.“It never occurred to me that they’d petition to the U.S. Supreme Court,” she said. “I’m grateful for that, but I don’t have a lot of hope that he’ll end back in prison.”Julia Jacobs contributed reporting. More

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      Bill Cosby Is Sued; Woman Says He Sexually Assaulted Her in 1990

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      The suit was filed under a change in New Jersey law that extended the deadline to sue in cases involving allegations of sexual assault.A woman sued Bill Cosby in New Jersey on Thursday, accusing the entertainer of drugging and sexually assaulting her at a hotel in Atlantic City in 1990, when she was 26.The woman, Lili Bernard, now 57, an actor and visual artist, has long been public about her accusations against Mr. Cosby. She was able to file the suit because New Jersey overhauled its laws on the statute of limitations for sexual assault cases in 2019.Under the old laws, Ms. Bernard would have been time-barred from filing suit because lawsuits had to be filed within two years of the alleged assault. The reforms extended the time limit to seven years and created a special two-year window, ending next month, to bring cases regardless of how long ago the alleged assault might have occurred.Ms. Bernard, a former guest star on “The Cosby Show,” said in court papers that Mr. Cosby had acted as her mentor before an incident in which she said he drugged and raped her at the hotel, the Trump Taj Mahal. She began to feel dizzy after drinking something he gave her, she said in the court papers.“I have waited a long time to be able to pursue my case in court and I look forward to being heard and to hold Cosby accountable for what he did to me,” she said in a statement. “Although it occurred long ago, I still live with the fear, pain and shame every day of my life.”The suit comes more than three months after Mr. Cosby, 84, was freed from prison in Pennsylvania where he was serving a three-to-10-year prison sentence after being convicted of sexually assaulting another woman, Andrea Constand. The 2018 conviction was overturned by the state’s Supreme Court on due process grounds.In a statement, a spokesman for Mr. Cosby, Andrew Wyatt, denied Ms. Bernard’s allegations and attacked the so-called “look back” reforms.“These look back provisions are unconstitutional and they are a sheer violation of an individual’s Constitutional Rights and denies that individual of their Due Process,” he said in a statement. “This is just another attempt to abuse the legal process, by opening up the flood gates for people, who never presented an ounce of evidence, proof, truth and/or facts, in order to substantiate their alleged allegations.”The suit against Bill Cosby was based on a change in New Jersey law that expanded the statute of limitations governing lawsuits in cases involving allegations of sexual assault.Dominick Reuter/Agence France-Presse — Getty ImagesMr. Wyatt said that in 2015 Ms. Bernard had made a criminal complaint to the New Jersey authorities who decided against moving forward with the case. Lawyers for Ms. Bernard said she was told her complaint fell outside the criminal statute of limitations.New Jersey eliminated the criminal statute of limitations for most cases of sexual assault in 1996.More than 50 women have accused Mr. Cosby of a range of sexual assault and misconduct, including rape. Ms. Constand’s case was the only one that proceeded criminally and other women have said their efforts to sue Mr. Cosby on sexual assault grounds have been blocked by statutes of limitation.Ms. Bernard had lobbied for changes in California’s laws on sexual assault, joining legislative efforts by other women who had similarly accused Mr. Cosby. More

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      This Bill Cosby Juror is Lobbying for a Clear Legal Definition of Consent

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      Stunned by what she learned about the law during deliberations in the sex assault case, Cheryl Carmel is lobbying for consent to have a clear definition: a positive, unequivocal “yes.”Some jurors were stunned during deliberations in Bill Cosby’s 2018 trial on sexual assault charges when they asked the judge for the legal definition of consent.He told them there was none under Pennsylvania law.“He said you, as reasonable people, have to come up with your own definition,” said Cheryl Carmel, who was the jury forewoman.Mr. Cosby had been charged with administering an intoxicant to a woman, Andrea Constand, and then penetrating her without her consent. Ms. Constand had come to his home outside Philadelphia and accepted wine and pills that she said she thought were herbal medicine.Though Mr. Cosby described the sexual encounter in 2004 as consensual, Ms. Constand said she was too intoxicated to physically or verbally resist.“Here was a sexual assault case and there was no definition,” Ms. Carmel recalled in a recent interview. “It just boggled my mind.”Since the trial ended, Ms. Carmel has been working to address what she and many others view as a critical gap in the law, joining an effort to get Pennsylvania to define consent as an affirmative act, one that emphasizes that the absence of “no” does not constitute permission.Mr. Cosby was found guilty of sexually assaulting Andrea Constand, right, but his conviction was later overturned on due process grounds.Corey Perrine/Associated PressIt is an unusual quest for a former juror, most of whom, researchers say, seldom engage in activism precipitated by their experience during a trial. But Ms. Carmel is determined.“This is a problem throughout the United States, that this is not defined,” she said. “There has to be something that can be done to correct this, to ensure that future jurors can more efficiently do the job they need to do.”Many states in America lack definitions of consent in their criminal laws governing sexual assault. Of those that do, some characterize consent as the absence of an objection — that if you didn’t somehow physically or verbally communicate “no,” and were not unconscious or otherwise incapacitated, then you consented.Activists like Ms. Carmel believe that laws should require a “yes” signal to establish consent.Efforts are now underway to add or refine a definition of consent in several states, such as New York, Vermont and Utah. They are an outgrowth, experts say, of a #MeToo era reckoning that has already led to initiatives — some more successful than others — to extend or eliminate statutes of limitations in sexual assault cases and to restrict nondisclosure agreements that can silence victims in sexual harassment lawsuits.“We are in a moment of flux where we are seeing an effort to catch criminal law up to the current cultural understanding of consent,” said Deborah Tuerkheimer, a former prosecutor who teaches at Northwestern University and is an expert on laws regarding sexual assault.Many of those advocating change say the laws should clearly define consent to mean a positive, unequivocal “yes,” an agreement that is indicated verbally or through some other action that is freely given and informed. By this definition, someone who assented to sex but was being coerced, or deceived, could not have actually consented.The proposals roughly mirror regulations already in place in a small number of states like Wisconsin, and at many colleges, where consent in sexual encounters has long been a front-burner issue.Dawn Dunning, who testified at Harvey Weinstein’s trial in New York, has also been involved in efforts to introduce an affirmative definition of consent in sexual assault cases.  Richard Drew/Associated PressIn New York, supporters of the change include Dawn Dunning, an actress who accused Harvey Weinstein at his trial of sexually assaulting her. Without a solid definition of consent, she said in an interview, “It’s just a gray area, which is the last thing you want when you are talking about sexual assault.”In Utah, critics of the current law cite sections like one that says sexual assault is “without consent” when “the actor knows the victim is unconscious.”Professor Paul Cassell, a law professor at the University of Utah and former federal judge, said the state’s language puts too much weight on proving that the defendant knew there was no consent. “What if a guy says, ‘It was 50:50, I was not sure,’” the professor asked. “In Utah that means you are not guilty of rape.”Specifics vary from place to place, but only a handful of U.S. states now define consent as requiring an affirmative act — a freely given agreement in words or actions. As efforts to expand that number proceed, debates continue about how far the reach of the law should extend into sexual encounters.While proponents of change applaud all efforts to further delineate consent, and eliminate confusion, others question whether it is practical to legislate that every step in a sexual encounter requires an affirmative yes, or to criminalize behaviors where miscommunications and simple misunderstandings, not aggression, are to blame.“The language of sex is complicated,” said Abbe Smith, professor of law at Georgetown. “The criminal law is too blunt an instrument.”Such concerns were raised during an unsuccessful effort to introduce affirmative language into the American Law Institute’s latest reworking of its model penal code, considered a blueprint for state laws.Mr. Cosby had contended that his sexual encounter with Ms. Constand was consensual, but she said she was unable to consent, or resist, because of the impact of wine and pills he gave to her. Matt Rourke/Associated PressIn the Cosby case, the question of consent arose as the panel deliberated inside the Montgomery County courthouse, using a chart on an easel to record the main points of its discussion.In a civil deposition, Mr. Cosby had said he had not asked for permission verbally when he put his hand on Ms. Constand’s midriff during their encounter at his home outside Philadelphia one evening in early 2004. “I don’t hear her say anything,” he said. “And I don’t feel her say anything. And so I continue and I go into the area that is somewhere between permission and rejection. I am not stopped.”According to Ms. Constand’s testimony she was passive and, because of the intoxicants, unable to move, or fight him off, or even understand properly what was happening to her.Some jurors, according to two who were present, wondered aloud whether, if Ms. Constand did not say no, did that constitute consent?When the judge could not provide a legal definition, Ms. Carmel, 62, stepped forward as forewoman. She had a bit of background in the subject because she works in cybersecurity and privacy for an emergency notifications company. At the time, she was helping her company meet new European data protection regulations that require companies to obtain the positive consent of people visiting their websites before using their personal information.She told her fellow jurors how the data protection rules say that consent must be freely given by a clear affirmative act, be specific, informed and unambiguous, and that it can be withdrawn.“By providing that kind of framework it helped everybody get over the hump of ‘She didn’t say no,’ ” Ms. Carmel said. “It helped the conversation move on.”Another former Cosby juror, Dianne Scelza, agreed. “It was important for us to come to some sort of understanding of what it meant and how it played into the verdict,” she said.Mr. Cosby was convicted in 2018 after the jury decided that Ms. Constand had not consented to his actions. Earlier this year the Pennsylvania Supreme Court overturned the conviction, ruling that prosecutors had violated Mr. Cosby’s due process rights. He was released from prison in June.After the trial, Ms. Carmel was approached by Joyce Short, founder of the Consent Awareness Network, who is trying to get affirmative definitions introduced into states’ laws. She had read about the problems the Cosby jury had with consent and Ms. Carmel’s approach as forewoman.Ms. Carmel said she was able to help focus the Cosby jury’s discussion on consent because, in her work, she had been exposed to the definition used in European data protection regulations. Michelle Gustafson for The New York TimesSince then, Ms. Carmel has met several times with local legislators, lobbying on behalf of a bill to define consent that activists plan to introduce into the Pennsylvania legislature.“I recognized it was important to bring Cheryl to the meetings with the legislators because she could really explain,” said Ms. Short. “Their jaws dropped, literally.”Senator Katie Muth, a rape survivor who is supporting the bill, said: “Having a definition in the law makes one less painful step if you do come forward.”But even proponents of the legislation predict it will be difficult to win passage.“This is going to be a really slow process because of the nuances,” said Jennifer Storm, a former victim advocate for the Commonwealth of Pennsylvania and author of several books on sexual assault. “It’s not that easy to define consent. It’s way too nuanced for that. Sex is nuanced.”Ms. Carmel, though, said she is patient. After she retires next month, she said she hopes to devote more time to what she says has become her passion — refining the law in Pennsylvania and maybe in other states.“How can we make it easier for people like me to be a juror, to listen to what a judge has to say, to listen to the evidence and come to a reasonable decision?” she said. “I want to make sure other jurors get all of the tools they could possibly use.” More

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      Andrea Constand on Her Memoir and Cosby's Overturned Conviction

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      The call came just before noon.Andrea Constand had returned to her downtown Toronto apartment after walking her dog Maddy in a nearby park, when the Montgomery County district attorney’s office rang. Stand by, she was told, a ruling on Bill Cosby’s appeal could be handed down soon by the Pennsylvania Supreme Court.By this day, June 30, Constand, the woman whose account of sexual assault had led to the conviction of the man once known as America’s Dad was finding ways to move past the trauma that the trial had brought to her daily life. She had sold her apartment, was moving to the countryside north of the city and preparing to publish a memoir, “The Moment,” to detail her singular experience with Cosby and the criminal justice system.Though more than 50 women had accused Cosby of sexual misconduct, including assault, prosecutors had — for a variety of reasons — only successfully brought criminal charges in her case. And now Cosby was in prison far away, serving a three- to 10-year sentence in Pennsylvania after having been found guilty of three counts of aggravated indecent assault.He had already lost an appeal. The dust once kicked up by the trial, by the verdict, by the media attention, by the focus on her case as a breakthrough “moment” for the #MeToo era, had largely settled.About an hour later, the phone rang again.“Andrea,” said Kate Delano, the district attorney’s director of communications, “the Supreme Court has vacated his conviction.”It is perhaps an understatement to say that for Constand, and many others, the decision came as a shock. Cosby would not only be freed: The court also ruled he could not be tried again. Constand said she found it deeply unsettling that Cosby, still a man of means and influence, was out of prison, unconstrained and able to contact her and others.“I had a lump in my throat,” Constand, 48, said in a rare in-depth interview last month near her new home north of Toronto. “I really felt they were setting a predator loose and that made me sick.”Bill Cosby with his lawyers outside his home in a Philadelphia suburb after being released from prison.Mark Makela/ReutersConstand’s reaction to the court decision and her long experience with the case are detailed in the memoir, which is to be released Tuesday.Within minutes of the second call, Constand drove off, heading with her 22-year-old niece to her sister’s home outside Toronto, a trip that had been planned before the afternoon became untethered by the ruling. From the car, she spoke by phone with the two former prosecutors who had helped lead the case against Cosby, Stewart Ryan and Kristen Gibbons Feden. They explained that Cosby would no longer be officially designated as a sexually violent predator, a status that requires lifetime public registration and community notification — something that had afforded Constand special comfort.Andrea Constand said she has no regrets about pursuing the case, despite the court’s decision. “Society paid attention,” she said. Angela Lewis for The New York TimesAt her sister’s house, she watched on television as Cosby got out of a car at his home near Philadelphia, the mansion where, she had testified, Cosby assaulted her after giving her a sedative in 2004. From her sister’s back porch, she worked over the phone with her two lawyers, Bebe H. Kivitz and Dolores M. Troiani, to put out a statement expressing their disappointment.Her phone was otherwise blowing up with calls from friends and other women who had accused Cosby of sexual assault. Kevin R. Steele, the district attorney who had overseen the prosecution, had called earlier to say the decision did not take away from what she had achieved.Still she worried, she said, that other women might find it too hard to come forward now. “It was not just me,” she said, “it was the message that it would send to the rest of the world and other survivors, to say, why should I fight for justice, when it ultimately gets stripped down. It won’t matter.”The first trial in her case had ended with a hung jury. Cosby’s defense team insisted his encounter with Constand had been consensual. For the second trial, prosecutors were allowed to introduce testimony from five additional women who, like Constand, said that Cosby had drugged and sexually assaulted them.When the jury in the second trial found him guilty in 2018, many thought that, were there to be any appellate ruling, it would likely focus on whether it had been prejudicial to allow the women from other incidents to testify — evidence that prosecutors said showed a pattern of abuse.The book is being released on Tuesday.Penguin Random HouseBut the Pennsylvania Supreme Court ruled on different grounds, finding that the district attorney had been bound by what a predecessor had called a promise he made never to charge Cosby in the case. The predecessor said he had made the promise to persuade Cosby to testify in a subsequent civil action, which Cosby settled by paying Constand $3.38 million. During his testimony in the civil case, Cosby acknowledged giving women quaaludes as part of an effort to have sex with them, a statement that the June ruling said had been unfairly introduced at the 2018 trial.Constand does not mince her words when it comes to the Pennsylvania Supreme Court. She blames it for undoing all the work she and others had done to bring Cosby to justice and for “putting him on the street.”“After a few deep breaths, I just felt this is not my problem,” she said. “Now it made me feel the shame is on the Supreme Court. It’s not on me anymore.”The Pennsylvania Supreme Court said in its decision that it was upholding an important safeguard: Cosby’s due process rights had been violated. Its ruling was meant to prevent dangerous prosecutorial overreach.Constand said that for days after the decision she fielded emails, texts and phone calls from people who were irate about the ruling. Many were from women who say they too were assaulted by Cosby and who had viewed the 2018 guilty verdict as justice for themselves. Some were now her friends. “They were devastated, they were so angry,” she said.The book, just weeks from its release date, had to be updated. A publisher’s note described the ruling and said Cosby’s conviction had been overturned “on a procedural issue.”Constand and supporters celebrated after Cosby was found guilty in April 2018.Pool photo by Mark MakelaThe statement Constand had devised with her lawyers was added as were about 400 words to describe her reaction to the court’s decision.“We cannot let moments of injustice quiet us,” she wrote. “We must speak up again and again and again — until we arrive at a moment of real change.”The case accounts for roughly two-thirds of the 240-page book. Constand takes readers inside her tussles with defense attorneys, who cast her as a disappointed lover in the first trial and a gold digger in the second. She describes the connections she felt with jurors, the long stays in hotel rooms, the stress and the sacrifices her family had to make.She got through it, she writes, with the help of her poodles, her spirituality and tattoos that give her strength. (The word “truth” is displayed across the top of her chest, a large phoenix on her back.)The book spends some time on her childhood in Canada, her years as a basketball player at the University of Arizona and playing professionally in Italy. It also delves into her relationships and coming out as gay.The memoir discusses other parts of Constand’s life, such as her success as a high school and college basketball player.Ron Bull/The Toronto Star, via Associated In the memoir, Constand describes herself as “wearied and weathered by what happened to me” and writes that Cosby had robbed a joyful young woman, the product of a nourishing family and happy childhood, of her smile. During an interview with The New York Times, she credited her faith for sustaining her and talked of starting a new chapter of her life.Constand started the book, helped by a co-writer, Meg Masters, more than a year before the court’s June decision, at the start of the pandemic lockdown, as a way to get closure.“The healer in me knew I had to dive back into everything again and really try to remember and it was really chilling for me at times,” she said. “Trauma is not wired for you to remember. It’s wired for you to forget.”During the writing, she got Covid-19 and was sick on her couch in Toronto for six weeks with “an elephant on my chest.” The experience, the encounter with her own mortality, propelled her to finish the book.“I thought it was important to write the story for other survivors who had stories, too,” she said. “I wanted to be a symbol of hope to them. That their stories matter. And their stories are important.”Despite the court’s decision, she said the years of hard work were by no means wasted. Cosby, now 84, served nearly three years in prison, she pointed out. Publicity from the case helped change attitudes. Women were encouraged to come forward. People believed them when they did. Several of the Cosby accusers helped with successful legislative efforts to extend or eliminate states’ statutes of limitations in sexual assault cases.“There were so many victories along the way,” she said. “Society paid attention.”In her memoir, Constand writes that Cosby had robbed a joyful young woman, the product of a nourishing family and happy childhood, of her smile. Angela Lewis for The New York TimesSince the court’s decision, Cosby has said he wants to re-emerge as a truly public personality, which Constand would have to contend with. He has taken to social media to proclaim the ruling a vindication of his innocence, an overstatement of the decision, which found he had not been given a fair trial, but did not exonerate him.But he still has 3.2 million Twitter followers, and the day after the decision he posted a clip of Constand talking about the night she said she was assaulted. It was paired with a statement that took issue with media reporting on his case.Constand said the posting showed a man emboldened by his new freedom who was trying to use it to damage her reputation.On the same day, she retweeted a post from her sexual abuse support foundation that said “Bill Cosby is not innocent.”But, otherwise, after a modest amount of publicity associated with her book, she said she intends to regain her privacy. She is not planning a book tour and said she wants to focus on her massage therapy business, which was hurt by the pandemic, and a nonprofit foundation she started, Hope Healing and Transformation. It provides resources for survivors of sexual assault, such as a library to help understand trauma, connections to lawyers and a platform for writing their stories. Some of the proceeds from her memoir are going to the foundation.She says it was her destiny to take on Cosby, in what was a “David and Goliath situation.”But would she do it again?Prosecutors are examining the possibility of appeal. If they won, the Pennsylvania Supreme Court’s decision to block a third trial could be overturned. And Constand said she might put herself through another trial if asked, but it would be a difficult decision and she would have to consult her family.“Yeah, I would do it all over again,” she said. “If it was to do the right thing. I would do anything, as long as it was for the right reason.”Whatever happens, she says, the fact that Cosby walked free should not change what the case achieved.“I hope it doesn’t deter anybody,” she said. “I hope people will still find their voices. I hope that they don’t look at his freedom as a reason not to come forward. Quite the contrary, I hope they feel if Andrea can do it, I can do it.” More