The jurors had heard five days of testimony from prosecution witnesses, and a six-minute defense from Cosby’s lawyers. They had heard transcripts from police interviews in which Cosby admitted to giving sedatives to women with whom he wanted to own sex.
They had listened to Andrea Constand testify that Cosby gave her what he initially claimed were “herbal pills” to “capture the edge off” — the pills turned out to be prescription sedatives — and then assaulted her while she was incapacitated. They had listened to Kelly Johnson testify that Cosby drugged and assaulted her too.
And they had heard suggestions from Cosby’s defense team that probably these women slept with Cosby consensually, and are pretending he assaulted them for fame and money.
After reviewing the five days of testimony from the prosecution, six minutes of testimony from the defense, and closing statements, the jury has been unable to near to a decision. In the face of huge, immense and compelling evidence against Cosby, they can’t resolve whether or not he is guilty of sexual assault.
To be clear, Cosby’s defense team doesn’t own to supply evidence to back up its fable. The burden of proof in our judicial system is on the prosecution, not on the defense. every bit of the defense has to accomplish is create a unprejudiced doubt in the jury’s intellect that Cosby is perhaps, possibly not a serial rapist.
His defense team appears to own successfully created unprejudiced doubt for at least one juror, enough unprejudiced doubt to deadlock the jury. And it did so by repeating the myths of rape culture: that women routinely lie approximately sexual assault for fame and money, that whether you talk to your rapist after he attacks you — as Constand did before reporting her experience to law enforcement — that means you wanted it, that whether you visit a man’s domestic alone, you are asking for it.
These ideas own every bit of been ripped apart ad nauseam for decades by feminists and by social scientists, but they persist because our culture needs them: They effect it possible for powerful men to afflict women with impunity and come by absent with it, and our culture loves powerful men and hates women. That’s what it means to live in a rape culture. That’s why we award convicted rapists with Oscars and insist that women who accuse famed, renowned film stars of hurting them are lying. That’s why Cosby’s jury has been unable to convict him.
Bill Cosby’s trial is deadlocked despite the evidence against him and a shockingly minimal defense because our culture has already stacked the deck in his favor.