Cosby Release Causes An Uproar, Shows How Examiners Block Rape Casualties 

What Is An Irreversible Error?

An irreversible error is a legal mistake that usually happens at the trial court level. This mistake is so significant and crucial, that it could result in an improper judgment. Due to the improper judgment, the judgment has to take place again. This mistake is known as an irreversible error.

However, a reversible error does not contribute to any improper judgment at the trial level.

What Is a Non-Prosecution Agreement?

As the name suggests, non-prosecution means a case ending with no conclusion i.e. the discontinuation of a case.

The reasons for non-prosecution could be any of the following:

1. Lack of evidence: No sufficient evidence to prove the accused guilty.
2. Not an offense: The act is not offensive i.e. no punishment against the crime exists by the law.
3. Lack of resources: In cases of minor crimes, lawyers tend to leave out the details leading to a lack of resources.

How Irreversible Error And Non-Prosecution Links To Cosby’s Case

Before learning how these two are related, let’s have a look at Cosby’s case. Almost 60 women came out against Cosby and how he sexually assaulted them.

Bill Cosby

Bill Cosby, a 2018 sexual assault convict’s case cause a serious uproar when he was released from prison after being thrown out by Pennsylvania’s supreme court. This reversal of punishment for Cosby by Pennsylvania’s court turned attention towards one of the biggest movements by women, the #MeToo movement.

According to the court document, the reason for Cosby’s conviction was mainly the agreement he had with a prosecutor who promised Cosby that he would not be charged for any criminal case involving Andrea Constand, the person who accused Cosby of the sexual assault.

The prosecutor for an 83-year-old comedian was Bruce Castor who worked as a Republican lawyer and also served as the then Montgomery County district attorney (Cosby’s residence). At that time, Cosby was living his two years sentence from the long likely 10-year prison sentence.

Bruce was again under the spotlight on his views and approach over the Cosby case. He faced backlash on how he mishandled the initial investigation regarding the Cosby case in 2005 deciding whether he should be prosecuted or not.

Castor was brought into the Cosby case after Andrea Constand accused Cosby claiming that she was molested by Cosby in Cheltenham, Pennsylvania in 2004. She claimed that Cosby forced her to drink alcohol and take blue pills which Cosby said would help her anxiety.

However, when Castor investigated the case he claimed that there was no sufficient evidence against which Cosby can be charged guilty and hence declined his prosecution. He even claimed that the whole case lacked forensic evidence and that Constand’s stories were nothing but inconsistent.

Due to the allegation by Castor, Constand sued him for defamation that later on settled in 2019.

This whole scenario of Castor supporting Cosby had put Castor in an uproar especially because of the #MeToo movement. However, fast forward to this week, Castor faced severe backlash in the light of Cosby’s release as it showed a deal made in 2005 that claimed Cosby will be shielded from criminal charges.

Later Bruce admitted that he had forced Cosby to provide evidence before a civil lawsuit against the allegations made by Constand in order to avoid prosecution. However, hearing this, Pennsylvania’s supreme court decided to put Cosby behind the bars and sentenced him to three and ten years of prison.

Cosby was also offered a therapy program for sex offenders he refused to participate in that eventually led to being denied parole. At this time Cosby was living his 10-year prison sentence. But was released after the court’s ruling on Wednesday.

Cosby did give 4 depositions against Constand. He agreed to his accuser’s story. He claimed that he did give Constand the blue pills and agreed to provide Quaaludes to other women with whom he had sexual intentions. However, he claimed that these were consensual.

These confessions by Cosby were later used against him in a 2018 criminal trial. However, what Castor had promised Cosby is still under consideration of the supreme court’s decision.

On Wednesday, Pennsylvania Supreme Court overturned Bill Cosby’s conviction of 2018 for sexual assault and he was released from prison. This caused an uproar in the era of #MeToo in the favor of women who go through sexual assault.

How Could Bill Cosby’s Story Be An Irreversible Error As Well As An Act Of Non-Prosecution?

An irreversible error happens when there has been a change in judgment due to a significant error. Likewise, in Cosby’s case, we can clearly see the happening of “mistrial and then a trial”. This is what shows that his case was an irreversible error.

Also, since there was not enough evidence against Cosby initially, it could be said that it was an act of non-prosecution.

The first trial failed to provide ground for judgment in spring, 2017. In the second trial, a number of pieces of evidence were admitted for defense and prosecution by the judge. Due to which the judge had to hear the claims of four more accusers since in the first trial court, evidence was not allowed. In the first trial, Constand’s accusations were heard.

Later, this led to an establishment of a behavioral pattern against the comedian. Another evidence against Cosby worked in his favor, where a defense witness who worked with Constand claimed that the claims against Cosby were only for financial gains.

Since Bruce promised Cosby and delayed his prosecution, the case itself turned into an irreversible error and non-prosecution. Judgment after judgment without concluding.