More stories

  • in

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

    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

  • in

    For Al Franken, a Comeback Attempt Goes Through Comedy Clubs

    Onstage, the ex-senator and “S.N.L.” star doesn’t exactly address his fall from grace. But he doesn’t not address it either. Asked if he’ll run again, he is noncommittal.It was a fairly typical night at the Comedy Cellar’s Village Underground with a procession of young comics telling jokes about bickering couples, body issues and unglamorous sex. After Matteo Lane finished his set with a story about sleeping with a porn star, the curveball came: The host introduced “the only performer on the lineup who was a United States senator.”Then Al Franken, 70, bespectacled and wearing a button-down shirt, slowly walked onstage. He looked back toward Lane, took a considered pause and in mock outrage exclaimed: “He stole my act!”Franken has been opening with that joke a lot lately as he’s been refining material in basement rooms around town in preparation for a national stand-up tour. It’s his way of addressing how much he sticks out in his return to comedy, following a Senate career that ended with his resignation after multiple women accused him of sexual misconduct, including unwanted kissing. New York comics generally don’t do impressions of the Republican Senator Chuck Grassley, of Iowa, or earnestly explain the reasons they remain Democrats. And yet, the four times I have seen Franken perform over the past month, he has consistently gotten laughs or even killed. The only time he really lost a crowd was after midnight when the fury of a rant about the Republican Senator Ted Cruz, of Texas, (involving a dispute about an assault weapons ban) crowded out the punch lines. Franken’s set went long, around 50 minutes, and a couple of comics who followed needled him. “I would have killed myself if it wasn’t for his gun legislation,” Nimesh Patel joked.In Franken’s new material, he explains how as a politician, he was often implored by his staff to not be funny. It only leads to trouble. His act presents a less censored Franken, one that includes a story of him inside the Senate cloakroom telling a joke about oral sex with Willie Nelson — with Franken deftly imitating the New York Senator Chuck Schumer and former Missouri Senator Claire McCaskill, both Democrats, as they dissect the joke. Franken’s delivery is a Minnesota mosey with a bristling energy hinting at unspoken feelings and future ambition.On the street after the Cellar show, Franken and I discussed Norm Macdonald, who had died earlier that day. Franken mentioned that when he was on “Saturday Night Live,” Macdonald had beat him out for the Weekend Update anchor job, then recalled how the NBC executive Don Ohlmeyer supposedly fired Macdonald for making jokes about O.J. Simpson, Ohlmeyer’s friend. Franken quipped: “Got to give credit to Ohlmeyer for sticking by a friend.”It’s a funny joke, but as often happens with Franken these days, it can’t help but evoke his own scandal. After all, many of Franken’s colleagues did not stick by him in the wake of the accusations. After a photo of Franken pantomiming groping a conservative talk radio host on a U.S.O. tour was released, many Democratic senators called for him to step down, and he did, denying the allegations in a resignation speech. Since then, many (but not all) Democrats have seen that reaction as a rush to judgment, including nine senators who had called for him to resign now saying they regret doing so. Some politicians who stood by their calls for him to resign, like Senator Kirsten Gillibrand, Democrat of New York, have faced a backlash.Franken only recently began explicitly mentioning the fallout onstage, but glancingly, with a bit involving a masked ventriloquist’s dummy named Petey who wants to talk about how he was treated by his Democratic colleagues. Without giving away the twist, the conversation gets sidetracked.Is the comedy tour a way to rehabilitate his political career? Franken said, with a laugh, “I’m not sure this is the best way to do that.”Todd Heisler/The New York TimesAt an Upper West Side diner, Franken didn’t want to go into details, calling it a “no-win,” but said it hasn’t changed his politics. “Part of the irony of all this is I was maybe the most proactive member of the Senate on sexual harassment and sexual assault,” he said.As for his old co-workers: “I have forgiven the ones who have apologized to me,” he said, tersely.Outside the diner, a man approached and told him that he looked more handsome in person and then said in a pointed way that seemed beyond politics: “I’m in your camp.”At a few of the New York shows, there was a certain tension in the room before he got onstage, and a curiosity over how warmly he would be received. Franken said he was never anxious about it. “People like me,” he said, in a cadence that couldn’t help but evoke his character Stuart Smalley, the 12-step aficionado he portrayed on “Saturday Night Live.” After I pointed this out, Franken burst into an impression of the cheerfully cardiganed character: “I’m fun to be with.”Franken — who moves effortlessly from inside-showbiz yarns to political ones — is less deadpan offstage than on, with a slightly quicker delivery, puncturing many sentences with a booming laugh that sounds like a baritone quack.Long before he was a politician, Franken, who moved from Washington to New York in January to be near his grandchildren, was something of a comedy prodigy — performing at the Comedy Store in Los Angeles in a double act with Tom Davis while still in college, and going to work as a writer for the original cast of “Saturday Night Live.” He then pioneered a no-holds-barred style of liberal comedy with best-selling books like “Rush Limbaugh Is a Big Fat Idiot and Other Observations.” Franken still delights in skewering the right-wing media entertainment complex amid dissections of public policy, which he does regularly on a titular new podcast that welcomes a starry list of politicians, journalists and entertainers. In his show, he says, “The leading cause of death in this country is Tucker Carlson.”Franken says he is returning to comedy because it’s a “part of him,” and his conversation is filled with references to friends in the business. He said he went to the Cellar after speaking with Chris Rock and Louis C.K. But it’s hard to escape the impression that politics animate Franken more than comedy. He said he loved campaigning and being a senator, and for someone as well-known as he is, his act includes an awful lot of résumé highlights (like casting the deciding vote for the Affordable Care Act) coddled in a layer of irony that knows you can get laughs by playing the jerk. “You’re welcome” is a recurring punchline.His act presents a less-censored Franken. Todd Heisler/The New York TimesThere are moments onstage that have elements of a stump speech, and it makes you wonder if this is all a prelude to another run. When asked, Franken shifted from casual comic to preprogrammed politician: “I am keeping my options open.”What about running for senator of New York? He repeated, “I am keeping my options open.”After chuckling at this diplomatic answer, I pointed out I’m not used to interviewing politicians. Franken let out another quacking laugh and acted out a scene imagining the ridiculousness of a comic answering a question about a joke with “I am keeping my options open.”It’s worth noting that even in his telling, the first time Franken ran for senator in Minnesota, his original impulse involved a measure of payback. After Senator Paul Wellstone died in a plane crash, his successor, Norm Coleman, called himself a “99 percent improvement” over Wellstone. In his book “Al Franken, Giant of the Senate,” he describes his reaction with a flash of anger, saying he knew someone had to beat Coleman, before adding that his reasons expanded from that “petty place” to one more about helping the people of his state.In the aftermath of his scandal, which Franken described as “traumatic” for him and his family, he has been trying to work through it and rise above, he said. “I think we need more of that. It’s a struggle but I’m getting there. That’s my goal.”In a sympathetic New Yorker article from 2019, Franken said that after losing his job, he started taking medication for depression; mental health is an issue he has long worked on, he said. When I asked about this, the policy wonk, not the comedian, answered. He brought up the first legislation he passed, calling for a study of the impact on giving support dogs to veterans suffering from PTSD. The conversation moved to the gymnast Simone Biles and how she prioritized her mental health at the Olympics. Franken brought up the people who criticized her, appearing to earnestly address Biles’s situation before making a sarcastic pivot subtle enough that it took me a beat to appreciate the subtext. “So odd — people criticize other people out of ignorance,” he said, a hint of a smirk on his face. “I’d never seen that before. I was just shocked.”When asked what he would say to someone who thought this return to comedy was a way to rehabilitate his political career, Franken said: “I’m not sure this is the best way to do that.” He offered another big laugh before getting serious. “I’m doing this because I love doing this.”On Sunday, running his entire show at Union Hall in preparation for a Friday performance in Milwaukee (it’s not often you hear material in Brooklyn about the Republican Senator Ron Johnson), Franken earned a roaring response to his dummy nudging him to talk about leaving the Senate. At one point, a member of the audience yelled: “Run again!”As the crowd cheered, Franken looked momentarily flustered and flattered. He appeared to be contemplating his next move or maybe weighing a joke. But instead, he made eye contact with the man egging him on and said: “I will need your help.” More

  • in

    Andrea Constand on Her Memoir and Cosby's Overturned Conviction

    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

  • in

    With #MeToo Case Against Kris Wu, China Hits Out at Celebrities

    The detention of Kris Wu, a popular Canadian singer, has been hailed as a rare victory for the movement. But Beijing, wary of social activism, has cast it as a warning to celebrities.China’s ruling Communist Party has seized on the high-profile detention of a Canadian Chinese pop singer in Beijing on suspicion of rape to deliver a stark warning against what it regards as a social ill: celebrity obsession.In less than a month, the pop singer Kris Wu, 30, has gone from being one of China’s biggest stars, with several lucrative endorsements and legions of young female fans, to perhaps the most prominent figure in the country to be detained over #MeToo allegations. The police said over the weekend that Mr. Wu was being investigated after weeks of public accusations of sexual wrongdoing against him, though officials provided few details.Born in China and raised partly in Canada, Mr. Wu rose to fame as a member of the Korean pop band EXO, before striking out on his own as a singer and actor. He built a huge following in China with his manicured good looks and edgy swagger. He amassed endorsement deals with many domestic and international brands, including Bulgari and Louis Vuitton.Mr. Wu has not been formally charged, but his career in China has already taken a big hit. After mounting public pressure, more than a dozen brands cut ties with him. His Weibo social media account, where he had over 51 million followers, was taken down shortly after the news of his detention. His songs have also disappeared from Chinese music platforms.Chinese women’s rights activists have hailed the detention as a rare victory for the country’s fledgling #MeToo movement. But the Communist Party’s official news outlets have largely cast the investigation into Mr. Wu as proof that the party, led by Xi Jinping, one of its most hard-line leaders in decades, defends the interests of ordinary people.Guo Ting, a gender studies scholar at the University of Hong Kong, said, “Xi has tried to reinvent the party as the legitimate party for the people and the party of Chinese socialism for the people.” By going after Mr. Wu, she added, the party is “targeting the so-called rich and powerful, while evading the real kind of gray area of that wealth and power within the party elite.”Mr. Wu on the runway during a Louis Vuitton show in Shanghai last August. Before the allegations, Mr. Wu had several lucrative endorsements.Lintao Zhang/Getty ImagesWhen the accusations against Mr. Wu first emerged weeks ago, the party’s propaganda outlets largely stayed quiet. But after his detention, they put out commentaries and news reports hailing it as a lesson to celebrities.“Wu Yifan has money, he’s handsome and he has the status of being a ‘top star,’” read a commentary in The Global Times, a Communist Party-run newspaper, referring to the singer by his Chinese name. “Perhaps he thought that ‘sleeping with women’ was his advantage, maybe even his privilege.”“But on this precise point he has made a mistake,” the newspaper noted.Some of the rhetoric noted that foreign citizenship did not place celebrities beyond the reach of the law, pointing in part to continuing tensions between China and Canada as well as rising anti-Western sentiment among Chinese.CCTV, China’s state broadcaster, said in a commentary, “No one has a talisman — the halo of celebrity cannot protect you, fans cannot protect you, a foreign passport cannot protect you.”The state news media’s approach reflects the Chinese government’s recent crackdown on the entertainment industry and the culture of celebrity worship that Beijing has accused of leading the country’s youth astray. The authorities have stepped up censorship, cracked down on the widespread practice of tax evasion within the industry and ordered caps on salaries for the country’s biggest movie stars.Concerns about the outsize influence of celebrities on the country’s youth reached a peak in May when fans supporting contestants in a boy band competition spent huge sums of money buying — then apparently dumping — yogurt drinks to vote for their favorite idols. The government promptly issued regulations aimed at cracking down on what they called “chaotic” online fan clubs and their “irrational” behaviors. The authorities on Monday said they had already taken down thousands of “problematic groups” as part of an ongoing effort to address “bad online fan culture.”The authorities “are concerned about the impact on the youth,” said Bai Meijiadai, a lecturer at Liaoning University in northeastern China who studies fan culture. “They want to see the youth studying and working, not spending excessive amounts of money to chase stars.”Mr. Wu, too, had an army of fans eager to open their wallets to bolster his image by buying albums and even making donations to charities in his name. He has also sought to use his influence to pressure his critics into silence, according to his accuser and a producer of a popular showbiz program.The producer, Xiao Wei, said his show, “Xiu Cai Kan Entertainment,” had been compelled to remove a video it had posted online in which its hosts criticized Mr. Wu after the allegations of sexual misconduct had emerged. Mr. Xiao said the short-video platform Douyin had told the program that they had been contacted by Mr. Wu’s lawyers.An Elle magazine cover featuring Mr. Wu, at a newsstand in Beijing on Sunday. The government in China has accused the culture of celebrity worship of leading the country’s youth astray.Ng Han Guan/Associated Press“This is an age of stars, fans and traffic,” Mr. Xiao said in an interview. “Money has become the only criterion to success — this is not right.”.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-w739ur{margin:0 auto 5px;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-w739ur{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-w739ur{font-size:1.6875rem;line-height:1.875rem;}}@media (min-width:740px){.css-w739ur{font-size:1.25rem;line-height:1.4375rem;}}.css-9s9ecg{margin-bottom:15px;}.css-uf1ume{display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-box-pack:justify;-webkit-justify-content:space-between;-ms-flex-pack:justify;justify-content:space-between;}.css-wxi1cx{display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-flex-direction:column;-ms-flex-direction:column;flex-direction:column;-webkit-align-self:flex-end;-ms-flex-item-align:end;align-self:flex-end;}.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;}The police investigation into Mr. Wu came weeks after a university student, Du Meizhu, now 18, accused the singer of enticing young women like herself with the promise of career opportunities, then pressuring them into having sex.Ms. Du’s public accusations were met with an outpouring of support, but also criticism from the singer’s fans, prompting debates about victim shaming, consent and abuse of power in the workplace.Some women’s rights activists saw Mr. Wu’s detention as a sign that feminist values had finally permeated the mainstream to the extent that the authorities could no longer afford to look the other way. They said they were hopeful that it would encourage more women to come forward to share their experiences and that it could lead to wider avenues for legal recourse for sexual assault survivors.“This time, progress was made very suddenly, but it was very satisfying,” said Li Tingting, a gender equality activist in Beijing. “Everyone is looking forward to what will happen in the future.”But it remained unclear if the police in Beijing were looking specifically into Ms. Du’s complaints. The authorities last month released initial findings about her allegations that said she had hyped her story to “enhance her online popularity.”Ms. Du did not respond to requests for comment. Emails to Mr. Wu’s studio and his lawyer received no response. Mr. Wu denied the allegations on his personal Weibo account last month, saying he would send himself to jail if they were true.Despite the surprise development, activists know that China’s #MeToo movement is tightly constrained by the government’s strict limits on dissent and activism. Women who have previously come forward with accusations of sexual harassment and assault against prominent men have often become targets of threats and defamation lawsuits. Feminist activist accounts and chat groups on Chinese social media sites are routinely shut down.The swift manner in which the authorities have addressed the complaints against Mr. Wu contrasts with how they responded to #MeToo accusations against Zhu Jun, a prominent television personality at CCTV, the state broadcaster. Mr. Zhu was accused by a former intern, Zhou Xiaoxuan, in 2018, of forcibly kissing and groping her in 2014 while she was working on his program, accusations that he has denied. Ms. Zhou has sued Mr. Zhu for damages, but three years later, her complaint remains unresolved.Zhou Xiaoxuan at her home in Beijing in 2018. Her #MeToo accusations against Zhu Jun, a prominent television personality at CCTV, the state broadcaster, remain unresolved.Iris Zhao/The New York TimesMr. Wu, by comparison, is not part of the party establishment.Professor Guo, of the University of Hong Kong, said, “It is still a state capitalist system and Wu Yifan is not a part of that official establishment,” adding, “His nationality and his status, I think, make it easy for the party to on one hand cut him off, while still maintaining its own legitimacy.” More

  • in

    Police in China Detain Canadian Pop Star Kris Wu on Suspicion of Rape

    Kris Wu, a 30-year-old celebrity, is the most prominent figure in China to be held over #MeToo allegations.The police in Beijing said Saturday they had detained Kris Wu, a popular Canadian Chinese singer, on suspicion of rape amid a #MeToo controversy that has set off outrage in China.The police did not provide details of their investigation into Mr. Wu. But it comes several weeks after an 18-year-old university student in Beijing accused him of enticing young women like herself with the promise of career opportunities, then pressuring them into having sex.Known in China as Wu Yifan, Mr. Wu, 30, is the most prominent figure in China to be detained over #MeToo allegations.He rose to fame as a member of the Korean pop band EXO, then started a successful solo career as a model, actor and singer. Though he denied the allegations when they first surfaced, they set off an uproar that led at least a dozen companies, including Bulgari, Louis Vuitton and Porsche, to sever ties with the singer.The Chaoyang District branch of the Beijing police said in a statement on social media on Saturday night that it had been looking into accusations posted online that Mr. Wu “repeatedly deceived young women into sexual relations.” It said that Mr. Wu had been detained while the criminal investigation continued.Mr. Wu’s accuser, Du Meizhu, has said publicly that when she first met Mr. Wu in December last year, she was taken by the singer’s agent to his home in Beijing for work-related discussions. She said that she was pressured to drink cocktails until she passed out, and later found herself in his bed.They dated until March, according to her account of the events, when he stopped responding to her calls and messages. She has also said she believed that he targeted other young women.Mr. Wu’s lawyer did not immediately respond to requests for comment. Ms. Du could not be reached.It was not immediately clear if the police were specifically investigating Ms. Du’s claims. In a statement in July, the police had released what appeared to be preliminary findings about Ms. Du’s allegations. The police had said Ms. Du had hyped her story “to enhance her online popularity,” an assessment that was criticized by her supporters as victim shaming.The outpouring of support for Ms. Du was a sign that the country’s nascent #MeToo movement continues to grow despite the government’s strict limits on activism and dissent. After Ms. Du spoke out, her supporters flooded the social media pages of several brands, threatening boycotts if they did not drop their partnerships with Mr. Wu, a campaign that quickly forced the companies to distance themselves from him.The accusations have triggered a heated debate on issues like victim-shaming, consent and abuse of power in the workplace — concepts that had rarely featured in mainstream discussions before the #MeToo movement went global.The authorities in China often discourage women from filing sexual misconduct complaints, and sexual assault or harassment survivors are frequently shamed and even sued for defamation. Censorship and limits on dissent have also stymied efforts among feminist activists to organize, even as trolls are given cover to spew abuse.Yet the high-profile nature of the controversy made Ms. Du’s allegations impossible to ignore for Chinese authorities, who are always on the lookout for what they deem to be potential sources of social unrest.The police announcement, posted on the country’s popular Weibo social media platform, immediately started trending, drawing more than six million likes.Lu Pin, a New York-based feminist activist, said the detention of Mr. Wu was a major step forward for the #MeToo movement in China.“Regardless of what the motivation of the police may have been, just the fact that he was detained is huge,” Ms. Lu said.“For the last three years, a number of prominent figures have faced #MeToo accusations but nothing ever happened to them,” Ms. Lu said. “Now with Wu Yifan, #MeToo has finally taken down someone with real power in China — it has shown that no matter how powerful you are, rape is not acceptable.”The detention of Mr. Wu comes amid a broader government crackdown on the entertainment industry.In recent years, Chinese authorities have moved aggressively to clean up the industrywide problem of tax evasion and to cap salaries for the country’s biggest movie stars. In June, the country’s internet watchdog began a crackdown on what it called the country’s “chaotic” online celebrity fan clubs, which the government has come to see as an increasing source of volatility in public opinion.The People’s Daily, the mouthpiece of the ruling Communist Party, depicted Mr. Wu’s detention as a warning to celebrities that neither fame nor a foreign citizenship would shield them from the law.“A foreign nationality is not a talisman. No matter how famous one is, there is no immunity,” the propaganda outlet wrote. “Remember: The higher the popularity, the more you must be self-disciplined, the more popular you are, the more you must abide by the law.” More

  • in

    One of China’s Biggest Stars, Kris Wu, Faces a #MeToo Storm

    An 18-year-old said the singer Kris Wu enticed young women like herself with career promises, then pressured them into having sex. He has denied the accusations.Several major luxury brands have severed ties with Kris Wu, a Chinese Canadian singer with a huge following, after an 18-year-old accused him of targeting and pressuring her and other young women for sex.The accusations, which Mr. Wu denied in multiple statements, have triggered widespread public outrage and thrown his career into tumult. At least 11 companies including Louis Vuitton, Bulgari, Porsche and L’Oréal suspended or terminated contracts with Mr. Wu this week, after his accuser spoke out during an interview with an online Chinese news outlet on Sunday.Mr. Wu, 30, rose to fame as a member of the K-pop band EXO before embarking on a solo career as a model, actor and singer, drawing more than 50 million fans online as well as lucrative endorsement deals. Known in China as Wu Yifan, he is one of the country’s most popular celebrities to face #MeToo accusations.Mr. Wu’s accuser is Du Meizhu, a university student in Beijing who said she first met him when she was 17. She said she had been invited to Mr. Wu’s home by his agent with the suggestion that he could help her acting career, according to her social media posts and the interview with Netease, an online portal. Once there, she was pressured to drink cocktails until she lost consciousness, she said, and later found herself in his bed.Ms. Du said she believed that this was a tactic he used to draw other young women. She accused Mr. Wu of regarding women as though they were all concubines in a harem. “You look at a lot of pictures of girls at drinking parties and select them like merchandise,” she wrote in one social media post, addressing him directly.Mr. Wu has denied the accusations, through his lawyer, Zhai Jiayu, and public statements. On Monday, Mr. Wu said that he had only met Ms. Du once in December of last year.“I declare that there has never been any ‘selecting a concubine’!” he wrote on the social media platform Weibo, referring to Ms. Du’s harem comment. He denied having ever seduced, drugged or raped anyone. “If there was such behavior, please don’t worry, I will go to jail by myself!”His lawyer has vowed to file a lawsuit against Ms. Du and report her to the police for defamation. Ms. Du has also said that she reported her accusations to the police.Ms. Du and Mr. Wu did not respond to emailed requests to comment.Ms. Du’s account has been met with an outpouring of support, a sign of the growing strength of the country’s small Me Too movement. One of her posts on Weibo has been liked by more than 10 million users. Hashtags such as #girlshelpgirls and others calling for Mr. Wu to quit show business have been viewed by millions.Ms. Du’s supporters flooded the social media pages of several brands with threats of boycotts if they did not terminate their endorsement deals with Mr. Wu. One by one, the brands moved to distance themselves from him.“This incident shows that nowadays people will no longer swallow insults and humiliation and be afraid of slut shaming,” said Feng Yuan, a feminist scholar and activist. “People increasingly want to speak up and make themselves heard.”#MeToo activism can be challenging in China, where the ruling Communist Party imposes strict constraints on dissent and public debate. Some women who have come forward with accounts of abuse have faced a public and legal backlash. The authorities often discourage women from reporting rape and other sex crimes.Mr. Wu walking the runway during a Louis Vuitton show in Shanghai last year. Several major luxury brands suspended or terminated contracts with him this week.Lintao Zhang/Getty ImagesIt was unclear how the authorities were planning to respond to the allegations against Mr. Wu, but at least three groups affiliated with the government put out statements calling for an investigation.“Everyone is equal before the law, and celebrities with huge followings are no exception,” China Women’s News, the newspaper of a state-run women’s group, wrote on its social media page. “Believe that the law will not wrong a good person, nor will it let a wicked one go.”Ms. Du first started speaking out on July 8, when she released screenshots of conversations between her and Mr. Wu, as well as people she said worked for him. She accused them of enticing young women by dangling opportunities in show business.In one screenshot, dated July of last year, a person reaching out to Ms. Du on Weibo asked her if she would be interested in working in the movie industry. The person then added her contact on WeChat, a chat app, and asked if she had just completed her college entrance examination, saying that he worked for Mr. Wu’s studio and they were looking for new talent.Ms. Du said she felt helpless when she learned that Mr. Wu specifically targeted young women like her. “Indeed, we are all softhearted when we see your innocent expression, but that does not mean that we want to become playthings whom you can deceive!” she wrote in a post on Weibo.She said soon after that, another associate of Mr. Wu’s contacted her on WeChat to offer what she considered hush money to take down the post. When she demanded a public apology from Mr. Wu, the associate said they were considering legal action against her, according to screenshots of the chat she posted online. She said that 500,000 yuan, or nearly $80,000, was later transferred to her bank account, though she had not given her consent.A store displaying an advertisement featuring Mr. Wu. His accuser, Du Meizhu, has been a target of cyberbullying since going public.Tingshu Wang/ReutersIn the Netease interview on Sunday, Ms. Du said that she had started to return the money in batches and that she was gearing up for a legal fight.In detailing her first encounter with Mr. Wu, Ms. Du said that she had been told that she would be going to discuss potential jobs. She said that she tried to leave, but that his staff took away her phone and warned that if Mr. Wu did not have a good time, it could be detrimental to her future as an actor.Pressured into drinking heavily, she said, she ended up sleeping with Mr. Wu. They dated until March, according to her account of the events, when he stopped responding to her calls and messages.Since then, she said, she had heard from seven other women who had been similarly treated. She said she wanted to fight for their interests as well. She did not identify the other people, and the accusations could not be immediately corroborated.Since going public, Ms. Du said she has been a target of cyberbullying and death threats, and that she had been diagnosed with depression. Mr. Wu’s international fan club said in a post on Weibo: “It’s a pity to see a groundless internet drama turn into an evil carnival that violates the truth and laws.”But several other people on social media this week posted messages of support, including screenshots of chats that they said indicated Mr. Wu or his staff inappropriately targeted young women.“Girls, please protect yourself,” Zhang Dansan, a former member of a girl band, wrote on Weibo on Monday, after sharing screenshots of conversations that she said showed how Mr. Wu had asked her if she was a virgin. “I want to be loved too, but don’t be fooled.” More

  • in

    Her Book Described Bringing Bill Cosby to Justice. Then He Was Freed.

    Months before Andrea Constand’s memoir about the Cosby case and its aftermath was set to be published, a Pennsylvania Court overturned his conviction for assaulting her and released him.Andrea Constand was taking what she has described as a step toward healing: 16 years after naming Bill Cosby in a lawsuit as the man who had sexually assaulted her, and three years after he was convicted and sentenced to prison for the crime, she was ready to tell her story in a memoir that is due to be published in September.The forthcoming book traces Ms. Constand’s journey from disbelieved accuser to a powerful voice in the #MeToo movement, one of dozens of women who came forward with similar accounts of abuse and misconduct by Mr. Cosby but the one who, in the words of her publisher, had “the power to bring him to justice.”But instead of having the last word, a key part of Ms. Constand’s narrative — if not her book — was rewritten Wednesday when the Pennsylvania Supreme Court freed Mr. Cosby on procedural grounds. The court did not exonerate Mr. Cosby, 83, but said that he should not have been charged because a previous district attorney had given him assurances that he would not be prosecuted.The court’s decision was “disappointing,” Ms. Constand and her lawyers said in a statement, which noted that they had not been consulted on, or even been made aware of, the closed-door prosecutorial maneuverings more than a decade ago that eventually allowed Mr. Cosby to walk out of a maximum-security prison near Philadelphia on Wednesday. And in a case once seen as a harbinger of women’s right to justice, the effect, Ms. Constand and her lawyers feared, would be to once again silence victims of assault.Andrea Constand’s Statement on Bill CosbyAndrea Constand and her legal team released a statement on Wednesday about the overturning of Bill Cosby’s conviction. Read it here.Read Document 1 pageFor other women who said that they had survived assaults or misconduct by Mr. Cosby — more than 50 have come forward — the whiplash was intense, especially for those who gave corroborating accounts in his criminal trial.“We know he’s guilty, but as far as I’m concerned, as of today, the justices that have made this decision have just enabled a criminal to go without a consequence,” Heidi Thomas, who testified that Mr. Cosby raped her in 1984, told a Denver news channel. “What message is that sending to other victims? To other perpetrators? This is one case, but the precedent they have just set is devastating.”Ms. Constand, 48, who is now a licensed massage therapist in her native Canada, has movingly described how much the Cosby case upended her life; she called her memoir “The Moment,” as in, the moment everything changed.“I’m a middle-aged woman who’s been stuck in a holding pattern for most of her adult life, unable to heal fully or to move forward,” she said in her victim impact statement before Mr. Cosby’s sentencing in 2018, describing the rippling aftereffects of the night when she said he drugged and violated her in his suburban Philadelphia mansion.At the time, in 2004, she was a 30-year-old director of operations with the Temple University women’s basketball team, and she considered Mr. Cosby, then 66, a grandfather-like friend and mentor. Their encounter — when she was literally immobilized by the pills Mr. Cosby gave her, according to her testimony — was a profound betrayal, she said.Her memoir, “The Moment,” is due to be published in September. Penguin Random House“Bill Cosby took my beautiful, healthy young spirit and crushed it,” she said in her statement to the court. “He robbed me of my health and vitality, my open nature, and my trust in myself and others.”According to several published excerpts, her book, to be released by Viking Canada, describes her history as a confident, athletic youth from Toronto turned professional basketball player in Europe, who initially connected with Mr. Cosby, a Temple alumnus and donor, over sports.Recounting the assault, first to the police and prosecutors a year after she experienced it and then in a civil suit and two criminal trials, was re-traumatizing, she has said. Lawyers for Mr. Cosby sought to portray the interaction as consensual.“The attacks on my character continued, spilling over outside the courtroom steps, attempting to discredit me and cast me in false light,” she said in her statement to the court in 2018. “These character assassinations have caused me to suffer insurmountable stress and anxiety, which I still experience today.”Writing the memoir was meant to be an act of closure — a long-delayed one. “I did not want to lose any memories to time, and believe that reflection is a necessary final step toward true healing,” she said in an interview with her publisher, according to CBC Books. “By sharing stories, we can begin to help those whose lives have been impacted by sexual violence.”Neither Ms. Constand nor a representative for Viking Canada responded to requests for comment about the status of the book.In an excerpt that was published last month in Elle, Ms. Constand describes the moment in 2005 when she learned that Bruce L. Castor Jr., who was then the district attorney in Montgomery County, Pa., outside Philadelphia, had decided not to move forward with her case.“It was yet another sharp blow in what had already been, without a doubt, the most difficult year of my life,” she wrote.It was a decision that would have unanticipated ramifications this year.Mr. Castor — who earlier this year was one of the lawyers representing President Donald J. Trump’s in his second impeachment trial — announced in a news release at the time that his investigation had found “insufficient” evidence to proceed with the case. He has since said that he assured Mr. Cosby that he would not be prosecuted to pave the way for Mr. Cosby to testify in Ms. Constand’s civil case. In depositions for the civil case, Mr. Cosby acknowledged giving quaaludes to women he was pursuing for sex.When the civil case was settled in 2006 for $3.38 million, Ms. Constand later said, she believed that “this awful chapter in my life was over at last.”But when a new district attorney decided to pursue the charges that Mr. Castor had not, Ms. Constand agreed to once again put herself on the stand, though she was shamed and exhausted by the process, she has said.It ended with his conviction in 2018, a moment that was hailed at the time as a sign that in the #MeToo era the accounts of women would be given more credence.Though her story now has an unwelcome coda, Ms. Constand appears unbowed. On Thursday, she retweeted a message from Hope, Healing and Transformation, a foundation she started last year to offer guidance and support to survivors, which will receive a portion of the proceeds from her memoir. “Your story and voice matter right now more than ever. Silence is NOT an option. BILL COSBY IS NOT INNOCENT.” More

  • in

    Bill Cosby, Free but Not Exonerated, Faces an Uncertain Future

    Though his conviction was overturned, and his team is discussing future work, experts say it’s not likely the ruling will change the public perception of the former star.Since Bill Cosby left prison this week after three years of incarceration, flashing a defiant V-sign as he returned a free man to his home in the suburbs of Philadelphia, the talk of his inner circle has been celebratory, as those close to him described his first meal of fish and pizza and his determination to rehabilitate his legacy. More