Bill Cosby Trial: How do you define “without her knowledge”?

by Alexander O. Onukwue

The verdict to be passed from the jury to the judge on the criminal case involving US comedian, Bill Cosby, could depend on the interpretation of one word: knowledge.

Tuesday, June 13, had been the expected date for Cosby to learn if the case brought against him by Andrea Constand would commit him to a prison sentence of as much as 30 years. Given the complicated nature of the matter, however, it has not been a straightforward mission for the 12-person team to come to a conclusion, even if it has now taken two days of deliberation.

Part of this complication is the context of understanding the use of words, one of which is the reference that Constand had been induced to having sexual contact with Cosby “without her knowledge”. The jurors of seven men and five women have asked that this particular phrase be defined as indicated in one of the charges, according to CNN. They have sought clarifications for three other matters in the case, including a request to have another listen to some parts of Cosby’s statements to authorities.

The judge has declined to offer the definition, leaving the jury with what they have – the charge as it is written. It will be entirely up to them to construe what the phrase means.

Cosby’s charge of indecent assault against Ms Constand is one of many leveled against him by about 60 women with whom he has interacted in his over 50-year career span. As a result of the expiration of the window within which those cases can be heard, Constand’s is the only one to have led to a criminal prosecution.

His defense have stood on the premise that Constand, like many others, desired Cosby for “a relationship”, absolving his client of any intent to rape. In essence, ‘she wanted it’. Cosby has pleaded not guilty to all three charges, including of indecent assault.

It may come down to determining the effect of the pills given by Cosby, on the ability to have knowledge. A Psychologist, called by the prosecutor as one of twelve witnesses in five days, had made the observation that such pill – Benadryl – could induce “wooziness” in the consciousness of those who took it. That would be another challenge for the jury, to interpret if such condition amounted to an absence of knowledge and hence, the presence of consent.

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