Should the DA Prosecute Bill Cosby for Newest Allegation of Sexual Misconduct?
By now, it is highly likely that anyone who has watched the news, read the paper, or made simple small talk with another individual, knows that many women have come forth to accuse comedian Bill Cosby of some sort of sexual misconduct. The total of alleged accusers is now well above double digits and date back to as early as 1960. 1 Due to a lack of evidence and California statute of limitation laws, it appeared that Mr. Cosby would not be prosecuted for any of the allegations that have surfaced.
This all changed on Wednesday, however, when Las Vegas model Chloe Goins alleged that Cosby sexually assaulted her in 2008 at the Playboy Mansion in Los Angeles. According to Goins’s lawyer, Goins, who was 18 years old at the time, claims that she passed out after drinking a beverage given to her by Cosby and when she became conscious again, Cosby was licking and kissing her naked body. 2
What makes Goins’ claims unique is that she may be the first alleged victim to come forward whose allegations fall within the state’s statute of limitation to bring criminal charges.
The question now becomes whether or not the Los Angeles County DA’s office will prosecute Mr. Cosby for this latest allegation.
Statute of Limitations in California
The first hurdle the DA would have to overcome is the statute of limitations. In doing so, the DA will point to Penal Code Section 801.1 (b) which states that this type of crime must be filed within 10 years after commission of the offense in order for it to be tried in court. 3 It appears that in Ms. Goins’ allegation, the DA may be able to defeat the statute of limitations claim because the alleged assault occurred only seven years ago, in 2008. The judge, however, would make the final call.
What Type of Witness will Ms. Goins Make?
The District Attorney will have to assess what type of witness the alleged victim would make. Does she have a prior criminal record? (According to Radar online, Goins was arrested for soliciting prostitution three years ago in Las Vegas. 4) The DA will also take note as to whether the alleged victim has made similar allegations in the past against others and the possible motives she may have to make the allegation.
All of these questions are fair game when assessing the strength of Chloe Goins’ case.
Could the DA Proceed With the Charges?
If the District Attorney decides that the complaining witness is “credible” then they will then have to decide whether they want to place the public spotlight on their office in 
prosecuting a man who has been so loved and admired by millions for decades. We know from prior high profile cases (OJ Simpson, Scott Peterson, Lindsay Lohan etc.) that the prosecution will be judged by hundreds of media “players” as to every legal move they make.
We also know that there is a high chance that whoever is assigned as the prosecuting attorney in People vs. Bill Cosby will be come an instant “media celebrity.” Regardless of the outcome of the case, if history repeats itself, the prosecutor will end up likely writing a book and joining CNN or another media outlet as the latest “expert commentator.”
In short People vs. Bill Cosby will become a media circus regardless of the outcome.
Prior Uncharged Acts-Evidence Code Section 1108
If the DA files charges against Mr. Cosby, they will undoubtedly want to bring forth many of the other alleged victims who claim that Cosby sexually assaulted them. The judge would have to hear their testimony and decide if their version of events is sufficiently similar to the latest 2008 allegation to admit their testimony. If so then the case against Mr. Cosby will become very difficult for him to overcome.
Take Your Time Mr. DA
We urge the DA to think long and hard before making a decision in this case. It is very likely that the rights of the alleged victim and Bill Cosby will get lost in all of the hot lights of Hollywood. In fact the way things happen these days there is a good chance a made for TV movie will come out before the trial takes place.
To learn more about Mr. Cosby’s latest accuser with additional commentary from Senior Partner Paul Wallin, read Nancy Dillon’s New York Daily News Article here.
1. [http://news.yahoo.com/bill-cosby-controversy-decade-making-230152496.html]↩
2. [http://www.nydailynews.com/entertainment/gossip/bill-cosby-accuser-meets-lapd-article-1.2077433]↩
3. [http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=799-805]↩
4. [http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=799-805]↩
