Comedian Bill Cosby will be facing trial for criminal sexual conduct allegations. He has been charged with three counts of felony-aggravated indecent assault from 2004. Andrea Constand was one of 50 women who came forward accusing Cosby of sexual misconduct. Cosby has been gaining attention in the media for the past few years after the numerous allegations have been surfacing. A judge just found that there was enough evidence for Cosby to face trial. If convicted, Cosby could face up to ten years in prison. The defense attorney for Cosby focused its attention on inconsistencies and lack of evidence. Constand claimed that Cosby invited her to his home and told her to wear comfortable clothing and that he gave her a few pills. She then said that Cosby sexually assaulted her.
In Minnesota, Cosby would like be charged with criminal sexual conduct. Because each state has different statute and laws, the names of the charges may differ in each state. The specific allegations against Cosby have been vague in the news. Specifically it is unknown what happened after Cosby gave her pills. i.e. was there sexual penetration or sexual contact? In Minnesota, there are 5 degrees of criminal sexual conduct.
First-degree criminal sexual conduct is the most severe and is when there is sexual penetration or sexual contact with a victim under 13 years old. To be charged with Criminal sexual conduct in the first degree, the defendant has to be more than 36 months older that the victim under 13, or the victim is between 13 and 16 the defendant is more than 48 months older, or if the victim has reasonable fear of harm, or if the defendant is armed with a dangerous weapon, or caused injury to victim, used coercion, or had reason to know the victim is mentally impaired, or if there was a significant relationship and the victim was under 16 at the time. There are clearly many ways and situations that could lead to a first-degree criminal sexual conduct charge. Cosby would likely be charged with third or fourth degree criminal sexual conduct in Minnesota. Depending on whether there was sexual contact or penetration the severity of the charge would change. Stay tuned to the Keller Criminal Defense Attorneys blog to hear the updates in the case. It is still unknown when Cosby’s trial will begin.
If you have been charged with a sexual harassment claim such as third or fourth degree criminal sexual conduct please contact Max Keller. If convicted of sexual harassment or criminal sexual conduct, you may be facing substantial prison time. The attorneys at Keller Criminal Defense Attorneys are ready to help you with the sexual harassment allegations against you. They have helped other people in the same situation as you, in counties all over Minnesota. Some defenses may include consent, alternate perpetrator, or mistake of age. The attorneys will be able to see if there is a valid defense to the charges. Max Keller has handled many sexual harassment cases throughout Minnesota and has won jury trials. Max Keller offers a free consultation. Call today at 952-912-1421 or visit the firm’s website at www.kellerlawoffices.com