In sexual assault cases, the prosecution may try to argue a defendant’s alleged sexual assault of a victim is part of a pattern of assault of other sexual assault victims. Judges in these types of cases need to balance the right of the prosecution to prove its case with the defendant’s right to a fair trial. The admission of pattern of conduct testimony is very prejudicial to the defendant’s case because the focus of the case should be on the current charge, and not prior long-ago offenses.

Lawyers for comedian Bill Cosby recently argued before the Pennsylvania Supreme Court that his 2018 conviction for sexual assault should be overturned because of the prejudicial admission of pattern of conduct testimony. In his case, five other women were given permission to testify about their sexual relationship encounters with Mr. Cosby. Some of these relationships dated back to the 1980s. The lawyers presented their arguments virtually due to the COVID-19 pandemic, according to a New York Times report.

A few of the Pennsylvania justices, based on their questions and comments during the hearing, displayed strong concerns about the admissibility of these “prior bad acts.” The defense lawyers argued that Mr. Cosby had never been criminally charged for these prior encounters. In cases involving sexual assault, delays in asserting claims (through charges or through testimony), place defendants at an unfair advantage. Cosby’s attorney, Jennifer Bonjean, argued that Cosby lost his right to the presumption of innocence the moment the five women were given the right to testify.

The prosecutors in the ‘case argued that pattern of conduct testimony is permitted under the laws of Pennsylvania. According to the New York Times, admitting testimony about prior bad acts is rare – but may be considered if there is a showing of a “signature pattern of abuse.”

The justices’ concerns

According to the NYT, some of the justices’ comments that raised concerns about the pattern of conduct testimony included the following.

• One justice stated, regarding the need to introduce testimony about the prior acts, “Frankly, I don’t see it.”
• Another justice said, “I tend to agree that this evidence was extremely prejudicial.”
• Other justices were also skeptical about the basis for introducing the pattern of conduct testimony.

Many women, including women who didn’t testify in the criminal sexual assault case against Mr. Cosby, claimed that they were the victims of similar sexual assaults. The NYT article stated, “To many of those accusers, the verdict was a development that reflected that, going forward, the accounts of female accusers might be afforded greater weight and credibility by jurors.”

Mr. Cosby who is 83 years old, is currently confined to a maximum-security prison where he is serving a three-to-ten-year sentence.

Remember, prosecutors will try every argument possible to try to convict you. That’s why you need experienced criminal lawyers on your side. Skilled defense lawyers are ready for these arguments and understand how to challenge them in court.

At Banks & Jones, our criminal defense lawyers have the experience and track record to help you get justice. We hold the prosecution to its burden to prove each charge beyond a reasonable doubt. We’ve obtained numerous dismissals, acquittals, and fair plea bargains for our Knoxville-area clients. If you have been arrested for any reason, contact us or call 865-546-2141 to schedule a prompt appointment.