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Getting Away With It

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A very important point by Diana Moskovitz about the highly postmature decision to prosecute Bill Cosby:

The last part talks more about details revealed by Cosby that provide “unusually compelling insight regarding Cosby’s sexual relationships with women, including his assaultive behavior towards the victim.” The complaint notes that Cosby made sure Gianna Constand understood “there was no ‘penile penetration’ involved” and Cosby had given police the “never asleep or awake” answer when asked if he had sex with Andrea Constand.

Those are chilling details—and details that authorities had in 2005. So much of this was known to investigators at the time, according to the complaint’s timeline. Yes, the depositions provide new insights and details, but those didn’t become available because of diligent police work. They became public because of legal action brought by the AP, after months of public outcry. If police or prosecutors were trying to get copies of the depositions, I haven’t seen documents indicating that in the court file. (It is, of course, possible that prosecutors have more new evidence they chose not to include in the complaint.)

The bottom line is that the case against Cosby appears to have been built on evidence that was available a decade ago. That evidence didn’t change. What changed was how much people wanted to see it, and how willing they were to believe it.

The overlap with the story told by Spotlight — which apparently has a good chance of being a very rare example of a truly first-rate film winning the Best Picture Oscar — is considerable.

And for further illustration of how rape culture works, the New York Post has the HIGHLY DISTURBING NEWS that a Cosby victim used the settlement money to by a PLACE OF RESIDENCE in a MAJOR URBAN CENTER.

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