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Analysis Despite mistrial in criminal case, Cosby’s lawyers are fighting civil suits by 10 other women

Mistrial for the man once known as “America’s dad”

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A woman holds a sign with the names of the women who have accused US entertainer Bill Cosby of sexual abuse. Photo: EPA
Reuters
Although Bill Cosby’s sexual assault trial ended in a mistrial, his legal problems persist as he faces assault and defamation claims in civil lawsuits, where the bar for evidence is lower than in criminal cases.

In civil lawsuits in the United States, plaintiffs need only show that the weight of evidence is on their side, meaning they have information to tip the scales above 50 per cent in their favour, as opposed to criminal cases in which prosecutors must prove claims beyond a reasonable doubt.

At least 10 women have pending civil claims against Cosby in lawsuits filed in California and Massachusetts.

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Two have brought claims against the 79-year-old entertainer for sexual assault. Others, barred from doing so because their claims were too old, have brought defamation claims against him, saying he smeared their reputations by publicly denying their accusations.

The judge in the criminal case against Cosby in Pennsylvania declared a mistrial on Saturday after jurors said they were deadlocked and unable to reach a unanimous verdict on charges that Cosby sexually assaulted Andrea Constand in 2004. At the time, Constand worked at Cosby’s alma mater, Temple University.

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Jurors were unable to reach a unanimous verdict on charges that Cosby sexually assaulted Andrea Constand in 2004. Photo: Reuters
Jurors were unable to reach a unanimous verdict on charges that Cosby sexually assaulted Andrea Constand in 2004. Photo: Reuters
There may not be enough evidence for a criminal conviction, but that does not rule out a civil verdict
David Harris
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