After months of allegations, there have been some new developments relating to the sexual allegations
against Bill Cosby.
Attorney Gloria Allred questioned Bill Cosby
under oath last Friday for approximately seven hours in connection with the formal lawsuit brought against him for sexual misconduct
. The comedian has been accused over the past year by numerous women alleging sexual misconduct.
Cosby’s deposition in this lawsuit stems from Judy Huth’s molestation accusations against him that occurred in 1974. The location was in Boston in an undisclosed location. On Saturday, as part of a news conference, Gloria Allred stated the questioning for the deposition began at 9 a.m. and finished at approximately 4:30 p.m. Huth alleges she was 15-years-old at the time Cosby molested her while at a party at a Playboy Mansion both she and the comedian attended in 1974.
Cosby’s Sexual Allegations Against Him
Huth is one of 50 women who have stepped forward with various sexual accusations that include rape, sexual misconduct, and molestation against the comedian. The allegations have continued to be denied by both Cosby and the legal team representing him.
The contents of Cosby’s deposition will continue to be sealed until December 22nd, 2015, at which point Los Angeles County Superior Court Judge Craig D. Karlan will review the testimony. After the review, Judge Karlan will listen to arguments from the attorneys’ as to what portions, if any, will be allowed to be made public.
“We will also be seeking to take a further deposition of Mr. Cosby at a later date,” announced Gloria Allred. On October 15th, 2015, Huth will be on the stand to be questioned.
Party at the Playboy Mansion
Huth has stated that she and a friend were in the San Marino’s Lacy Park in 1974 and wandered over to where a movie was set up that Cosby was working on.
According to Huth’s allegations, Cosby approached her and her friend to invite them to sit in the director’s chair. Huth was 15 at the time. Then he asked them what their age was, after which he invited them to come the following Saturday to his Los Angeles County tennis club.
Huth and her friend met him there that Saturday, then proceeded to follow him to a house where he gave them alcoholic beverages and played billiards with them. Cosby insisted the rules of the game required Huth to drink a beer whenever he won a billiard game. Later on that Saturday, Huth and her friend followed him to the Playboy Mansion and was instructed to say their age was 19 in case anybody asked what their age was.
While they were at the Playboy Mansion, Huth discovered Cosby sitting on a bed after she had used the bathroom. As Huth alleged in the lawsuit, Cosby asked her to sit beside him on the bed and then attempted to “put his hand down her pants.”
The lawsuit contends that Cosby then took Huth’s hand and used it to perform a sexual act on himself “without her consent.”
The lawsuit, filed in December, is the first significant court case filed against Bill Cosby since Andrea Constand, an employee at Temple University, sued him in 2005. The case between Cosby and Constand was settled for an undisclosed amount out of court.
Response of Cosby’s Legal Team
Cosby’s attorneys have argued about the allegations that Huth had previously attempted to sell her sexual allegation story to the National Enquirer, saying it is “absolutely false.” His legal team also allege that Huth had another attorney seek damages from Cosby for approximately $250,000.
Although this could be the first “formal” lawsuit brought against Cosby, it will definitely not be the last. There could be numerous lawsuits turned out for these allegations against him. For example, another woman, Chloe Goins, sued the comedian in federal court, alleging she was also molested in 2008 at the Playboy Mansion by Cosby. The allegations she’s brought have been investigated by the Los Angeles Police Department and are also under review by prosecutors.
Previous Allegations of Accusers Against Cosby
Due to the fact that the statute of limitations relating to Cosby’s actions has run out in almost every state his accusers have come from, Cosby’s accusers have not made any formal claims that could lead to any legal remedies.
Statute of Limitations
A statute of limitation law forbids prosecutors charging somebody with a crime if it was committed more than a specific number of years before with the intent to make a conviction based only on the evidence, either eyewitness or physical, that hasn’t deteriorated over time.
Where sexual abuse cases are concerned, there are certain “tolling provisions,” which involves suspensions relating to the statute. One tolling provision, in some states, is referred to as “delayed discovery.”
“Delayed discover” is when the memory of an event is repressed in a victim’s memory. This often is a psychological effect where sex abuse is involved. When the victim consciously remembers that the sexual abused happened, the statute is considered “un-suspended.”
The tolling provision is incredibly strict, but is also very helpful. If a victim has shown they are aware something wrong occurred at the time the crime happened, or even if they remember shortly after, this exception cannot be used in order to delay or attempt to suspend the statute.
Basically, this means the only way this can be used is if it is applied to people whose memories of the event were completely repressed.
If a victim does not realize they’ve been abused, they typically have approximately three years in order to file their sexual assault claim. However, the amount of time depends on the laws of the state where the complaint is being filed.
Since most accusers of Cosby realized shortly after the occurrence of the alleged rape, this tolling provision therefore does not apply to any of them.
Statutes for Sex Crimes
Since more and more states in the U.S. are getting rid of statutes of limitations where it comes to sex crimes, it’s becoming apparent that these statutes have been unjust. When it comes to the terms relating to the crimes committed, these laws just simply aren’t realistic.
Sexual abuse victims are often traumatized, ashamed, and scared when it deals with coming forward years or even decades later. When faced with the thought of going up in court against the person who abused them, victims frequently prefer to remain silent.
This reaction is compounded by the following facts:
– Approximately 4 out of 5 of rapes tend to be committed by somebody the victim knows.
– 82% of sexual assaults are committed by somebody who is not a stranger.
– 47% of rapists are committed by an acquaintance or friend.
– 25% of sexual assaults involve somebody the victim is intimate with.
– 5% are committed by a relative.
Since these statutes of limitations only permit abuse victims just a few years to file their claims, they ignore the psychological fear many victims face that prevents them coming forward to begin with. These fears also tend to keep them from going to a hospital immediately in order to preserve the physical evidence associated with rape and sexual molestations. Due to this, rape and sexual abuse cases are almost impossible to prosecute, resulting in “he said/she said” arguments in court.
Facing Sexual Misconduct Allegations
As the numerous sexual misconduct allegations against Cosby shows, these types of allegations should not be taken lightly. Although it’s not clear how this case against the comedian and other similar cases will go, it’s important to take the necessary precautions to protect yourself if you find that you are being accused of rape or sexual molestation. You will want to follow all the legal rules and precautions you can, and the best way you can protect yourself is by working with an experienced defense attorney such as Sevens Legal, APC.
Working with Sevens Legal, APC
After you have discussed the specifics of your case, your Sevens Legal, APC, will let you know your case’s strengths and weaknesses, as well as any possible risks associated with punishment and convictions you may face. Your Sevens Legal, APC, defense attorney can help negotiate a plea deal or whether the best course of action is to move forward to trial, while working constantly for your best interests.
Sevens Legal, APC, criminal defense lawyers put our experience to work for you. Every defendant deserves a zealous defense. To schedule your free consultation with one of our Sevens Legal, APC, criminal defense lawyers, call (619) 297-2800. Contact Sevens Legal, APC
, today for a free consultation.
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