Bill Cosby Guilty Rape Trial Andrea Constand Jail Sentence

Bill Cosby to Be Retried After Sexual Assault Case Ends in Mistrial

The initial sexual assault case against TV legend Bill Cosby has ended in a mistrial. 

After five full days of deliberation, a Pennsylvania jury remained deadlocked, and was unable to reach a verdict on any of the three felony counts of second-degree aggravated indecent assault against the former Cosby Show star. According to the Montgomery County DA, Cosby remains free on bail, but the case will be retried at a later date.

All three felony counts were in connection with a 2004 incident between Cosby and Andrea Constand, who took the stand to testify that Cosby drugged and raped her at his Philadelphia mansion. Had the jury reached a guilty verdict, Cosby, now 79 years old, could have faced up to 10 years in prison.

The trial, which began June 5, not only saw testimony from Constand, but also from fellow Cosby accuser Kelly Johnson, who alleged that Cosby drugged and raped her back in 1996. (More than 50 women have come forward in recent years accusing Cosby of sexual assault.) The prosecution also played a recorded phone call between Cosby and Constand’s mother, in which Cosby promised to “set something up” for Constand financially — a promise that district attorney Kevin Steele pointed to as evidence of “consciousness of guilt.”

Cosby’s defense attorneys rested their case after less than an hour; Cosby himself was rumored to be testifying, but ultimately chose not to take the stand. His lawyers argued in their closing statement that Constand’s story was inconsistent, and her encounter with Cosby was consensual.

Constand previously sued Cosby in civil court in 2005, a case that ended with her receiving an undisclosed cash settlement.

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28 Comments
  1. kmw says:

    What a shock NOT!!!! Just not a surprise at all but Cosby’s legacy is still tarnished forever no matter. This does not change my view of him as a creep and a pervert.

  2. Corky says:

    The damage is done. He will never be anything but a bad example rather than the role model he once was. He’s pushing 80 and legally blind, so prison would be superfluous.

  3. Anne says:

    Shame on those jurors who wouldn’t convict him. Shame shame shame. Like over 60 women came forward to tell their stories and STILL they chose to side with the assaulter and not believe the victims.
    .
    Props to those jurors who I’m sure fought diligently for justice.

    • KatsMom says:

      60 women didn’t testify in this case. They testified in the media. The jury had to base their decisions only on what they heard in court. I’m actually surprised that there were a few jurors who didn’t fall for the rape culture defense that Cosby’s legal team offered. Most juries lap it up because our society has conditioned us to believe that it’s a woman’s fault if a man assaults her. I expected an acquittal. But, instead, I’m pleasantly surprised to see that there were at least a few who didn’t fall for Cosby’s “I’m a beloved TV star being attacked by greedy, attention-seeking women.” And, even more impressed that those few didn’t cave to the “This is he said/she said. Just acquit so we can go home” pressure they were undoubtedly facing.

      • Andrea says:

        I agree with KatsMom. People assume that a hung jury or a not guilty verdict means that a jury is saying that the accused didn’t do what he (or she) is accused of doing, but those outcomes often mean that it can’t be proven that the accused did it. I do believe that it is extremely likely that Bill Cosby sexually assaulted Andrea Constandt. However, I’m far less confident that this will be able to be proven after this amount of time. We’ll see what happens with the second trial.

      • Karen says:

        I totally agree with Katsmom. Although I’d have liked to see a guilty verdict I was not expecting one. And a hung jury in a case like this is not the worst outcome. Considering that the jury has to find the defendant guilty “beyond a reasonable doubt” using the evidence presented and how it relates to the statutory parameters of the crime. The fact that his defense rested after less than an hour is pretty telling (in my opinion) that they were confident that the evidence presented was not going to result in a guilty verdict.

        It’s good to see that there were enough people on the jury satisfied that he was guilty and unwilling to cave and acquit. Honestly, I din’t think the general public has any doubt he is guilty and his reputation will never recover from this.

    • Fabrizia says:

      You are not smart Anne.

    • Ben says:

      Being on a jury should never be about ‘taking sides’. It’s about considering the evidence in front of you and putting aside your own beliefs about things such as rape culture (and the other 50 cases you heard about in the media).

    • D says:

      It’s people like you that are the problem with America, People in this county have the presumption of innocence until proven guilty in a court of law. Right now Cosby is innocent it’s all hearsay until proven otherwise by a jury but judgmental people like you disrespect our legal system, it doesn’t matter is 100,000 women accused him it just doesn’t matter from a legal stand point

    • Lyndy says:

      Shame on you for doubting the course of justice…And who made you judge and jury, where you there when these assaults “happened”, can you prove for certain that he did it. Plus this was not a trial for the 60 women. This is for the law to determine not social media. All jurors in this case fought for justice…not just the ones you side with. If there’s not enough evidence to convict him then it’s “better a guilty man walk than an innocent man be convicted for what he did not do.”

    • Tom says:

      You aren’t proving beyond a reasonable doubt actions that happened 13 years ago, with no physical evidence, no video evidence, no witnesses without a reason to lie…. and really only a he said she said argument. Our justice system leans towards keeping the innocent out of jail, and sometimes that means the guilty get to walk.

  4. Iris says:

    One partner drugged by the other = consensual relationship? In what world?
    Cosby isn’t the only pig in the entertainment industry, power and sexual harassment go rampant, and trials like this one are going to dissuade their victims from speaking out. It’s sickening.

    • Lyndy says:

      The word of that woman vs Cosby’s word = Hear Say!!
      No one knows exactly what happened except for those two…Cosby might as well be the victim. How about you let the law decide before you start assigning blame

      • Iris says:

        Cosby admitted to getting drug in order to give to women he wanted to have sex with. This is not hearsay, but comes from a sworn deposition. His lawyers disputed the nature of the pills (Qualuudes vs Benadryl) but not the fact that he gave some to Constand.
        How about you stop denying facts?

        • Tom says:

          He admitted to doing was getting the drug, a drug that was commonly used with recreational sex at the time. He did not admit to drugging them without their consent. There is no evidence to show that. Stop manipulating the facts.

  5. Virginate says:

    Andrea Constand is not innocent in this matter no more than Bill Cosby is. She was 29 years old and an athlete, Why on earth would she take pills that she did not research, just because Bill Cosby gave them to her. Is she in the habit of taking pills just because their handed to her? And did she telephone Mr. Cosby over fifty times after the incident occurred? And also met with him. Why didn’t she call the cops or go to an emergency room and/or precinct immediately after realizing she was drugged and raped? She knew he was married also. She should not be excused or allowed to make accusations without accountability.

  6. The fact is, you have to prove guilt beyond a reasonable doubt. That’s probably not possible in this situation. Of the many, many accusers, how many went to the police afterward? There is no evidence, so it comes down to his story vs. her story. She has to prove that he gave her drugs without any record of those drugs. She has to prove that she did not take those drugs willingly. She has to prove that he had sex with her. She has to prove that it was without consent. In this country, someone is innocent until PROVEN guilty. Not innocent until we think he’s guilty. This is why it’s important to go to a hospital and to the police if you’re raped.

    • Anne says:

      The “justice” system isn’t structured to provide victims of sexual assault any sort of justice. The process of following through with charges is a truly awful experience for the victim and in most cases the assaulter is found not guilty. Victims have a better chance of going for their attackers in civil court. Lower threshold and you get the satisfaction of their guilt being on the public record.

      • Taryn says:

        This, in my opinion, is part of what makes rape such a terrible crime. Unless the perpetrater causes physical injury is is very difficult to prove rape even when the victim does gets a rape kit performed. As authorkyleandrews said it comes down to he said-she said and lawerys are paid to convince people of the facts as they present them. Without physical evidence, such as a drug test, proving non-consent it is almost impossible to prove guilt beyond a reasonable doubt, which was designed to protect the innocent falsely charged with a crime. And having served on a couple criminal court jury’s and been part of the deliberations I can tell you, those people all hear and interpret what is presented very differently.

      • I feel for victims of rape and I’m not saying that they don’t deserve justice. But the justice system isn’t about anyone’s feelings, it’s about putting criminals in prison. If someone is murdered and the victim’s family cleans up the scene and disposed of the body, they will probably not be helping to see justice served. Rape is traumatic, and I get that. However, failure to file a report or get medical evidence gathered will make it hard to see justice served. Sometimes we have to do things that are horrible and painful, because that’s life and we are adults. If Cosby did these things and those women didn’t decide to tell anyone until decades later, that isn’t a failure of the system, that is just the decision that those women made. Justice demands evidence, and it should absolutely remain that way.
        Cosby has been found guilty in the eyes of the public, regardless of the facts or evidence. An actual jury can’t operate that way.

      • Ben says:

        I agree. Law reform for sexual crime would be helpful.

  7. Blondee says:

    The disgusting old pervert got away with crimes. It is not surprising because he is rich and famous. His wife is an enabler and she knew he was a big time adulterer and with so many women coming forward to say what he had done to them she still stood by him, what a shame. He belongs in prison….. If it had been a poor , unknown man he would have been thrown in prison… No matter how old a criminal is or even being so called blind , the victims should get justice. I feel sorry for the women he victimized. Anyone who defended him is obviously as disgusting as Bill.

  8. Max says:

    Even though I don’t condone rape, I do not believe Bill Cosby drugged and raped all of those women, I believe tgat these are all lies just so that they can get some of his money, and try to tarnish his career, I am against people who drug and rape men and women, I am against that I don’t condone, I still do not believe that Bill Cosby did any of this, I believe these are all just lies. I might’ve heard Bill Cosby admitted of giving some women pills, this doesn’t add up though!!!

  9. Gail says:

    I don’t condone rape , but what was she thinking floundering around, with a married, man. Even after his wife went to bed. And all she had to do is say no to the pill taking. She was careless. And she has to hold some . Responsibility.its almost as if she antisapated, a downfall, to create this huge problem.