The specter of legal battles continues to haunt Bill Cosby as he faces a new sexual assault lawsuit filed by Lili Bernard, a Los Angeles artist and prominent accuser. The suit, filed just before New Jersey’s two-year window for older sexual assault claims closes, alleges that Cosby drugged and raped Bernard in an Atlantic City hotel room in 1990. This latest legal challenge comes in the wake of Cosby’s release from prison in June 2021, a decision that has spurred renewed attention to the numerous allegations against him.
Bill Cosby arrives for his sentencing hearing at the Montgomery County Courthouse in Norristown, Pa., on Sept. 24, 2018. (AP Photo/Matt Slocum, File)
Bernard, now 57, alleges that Cosby, then at the height of his fame, promised to mentor her on his hit television show. She was 26 at the time of the alleged assault. The reopening of this case under New Jersey’s “look-back” window adds another layer to the complex legal history surrounding Cosby and the accusations of sexual misconduct from dozens of women.
The Aftermath of Cosby’s Release and the New Jersey Lawsuit
Cosby’s release from prison in 2021, following the Pennsylvania Supreme Court’s overturning of his 2018 sexual assault conviction, has been a catalyst for Bernard and other accusers. The court’s decision, based on procedural grounds, vacated Cosby’s conviction in the case involving Andrea Constand, a former Temple University employee. While Cosby served more than two years of a 10-year sentence, his release has sparked outrage and fear among his accusers.
Bernard has stated that Cosby’s release was a retraumatizing experience, fueling her decision to come forward in New Jersey. The state’s two-year window for filing older sexual assault claims provides a legal avenue for Bernard and others to pursue justice for alleged assaults that fall outside the standard statute of limitations. This legislation acknowledges the complexities of trauma and the often-delayed process of coming forward with allegations of sexual abuse.
Cosby’s Response and Legal Strategy
Cosby’s spokesperson, Andrew Wyatt, has maintained Cosby’s innocence and criticized the use of “look-back” windows, arguing they violate due process rights. Wyatt has framed these lawsuits as attempts to exploit the legal system, characterizing them as lacking evidence. He has emphasized Cosby’s intent to fight these allegations vigorously in court.
This stance reflects a consistent strategy by Cosby’s defense team to discredit accusers and challenge the legal mechanisms allowing them to bring forth their claims. The legal arguments surrounding due process and statutes of limitations are central to the ongoing legal battles surrounding Cosby.
The Pennsylvania Case and its Reversal
The overturned conviction in Pennsylvania stemmed from the case involving Andrea Constand, who accused Cosby of drugging and assaulting her at his home in 2004. Cosby’s 2018 conviction in this case marked a significant victory for the #MeToo movement and provided a sense of justice for many of his accusers. However, the Pennsylvania Supreme Court’s decision to overturn the conviction on procedural grounds, specifically a non-prosecution agreement with a previous prosecutor, significantly altered the legal landscape.
The court’s ruling centered on the understanding that Cosby had a binding agreement not to be prosecuted. This legal technicality, despite the jury’s guilty verdict, led to Cosby’s release and raises complex legal questions about the balance between procedural rights and the pursuit of justice in cases of sexual assault.
The Broader Implications and Ongoing Legal Battles
The new lawsuit filed by Lili Bernard represents just one of the ongoing legal challenges facing Cosby. The Pennsylvania Supreme Court’s decision not to reinstate the sexual violent predator designation, previously applied to Cosby, further complicates the legal ramifications for future cases. While he settled a civil suit with Constand for $3.4 million and his insurer settled a defamation case with seven other accusers, the legal battles are far from over.
The question remains whether prosecutors in Pennsylvania will appeal the reversal of Cosby’s conviction to the U.S. Supreme Court. The outcome of such an appeal could have far-reaching implications for how sexual assault cases are handled, particularly those involving high-profile individuals and complex legal histories.
The Significance of Lili Bernard’s Case
Lili Bernard’s lawsuit, filed under New Jersey’s “look-back” window, highlights the continued struggle for accountability in cases of sexual assault. Her decision to come forward, fueled by Cosby’s release, underscores the lasting impact of trauma and the importance of legal avenues for survivors to seek justice. The case contributes to the ongoing national conversation surrounding statutes of limitations, due process rights, and the challenges faced by survivors of sexual assault.
The New Jersey lawsuit will undoubtedly be closely watched as it unfolds, serving as another chapter in the complicated legal saga of Bill Cosby. The outcome of this case has the potential to significantly impact the legal landscape for survivors of sexual assault and further define the boundaries of accountability in such cases.
