FRANKFORT, Ky. — Bill Cosby's conviction was one of the first of the #MeeToo movement, but his charges were dismissed Wednesday in what advocates are calling another example of the system failing survivors of sexual assault.
The disgraced comedian was released from prison after the Pennsylvania Supreme Court overturned his conviction, ruling that the prosecutor who brought the case against Cosby was bound by his predecessor's agreement not to charge Cosby.
In 2005, the former Montgomery County District Attorney publicly announced he would not criminally charge Cosby after Andrea Constand reported he had sexually assaulted her. The court did not exonerate Cosby.
"What is the most important thing to take away is that they never said Bill Cosby is innocent," said Laela Kashan, staff attorney at the Kentucky Association of Sexual Assault Programs.
Kashan said watching Cosby leave prison could deter already hesitant men and women from reporting their cases.
"It might be difficult to share what happened to them, especially to take the step to report to the criminal system, because of stories like this," Kashan said. "You saw survivors take the step — they shared what happened, they even had a confession and still the system failed them."
According to RAINN, the Rape, Abuse, and Incest National Network, only 310 out of every 1,000 sexual assaults are reported to police. That means more than two out of three go unreported.
The Bureau of Justice Statistics reports that for every 1,000 rapes, 384 are reported to police, 57 result in an arrest, 11 are referred for prosecution, seven result in a felony conviction, and six result in incarceration.
"The system works for some survivors, but does not work for all — and most people do not report to the criminal justice system," Kashan said.
Kashan said she is concerned that survivors will view Cosby's release as the system failing them again.
"I think that's the biggest thing to take away," Kashan said. "The things that Bill Cosby admitted to have not gone away, those have not been retracted. This is technical legal issues."
While Cosby is free, the ruling could be appealed to the U.S. Supreme Court. Prosecutors have not said whether they plan to do so.
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