Bill Cosby (Photo by Spencer Platt/Getty)
With the imposition of a three-to-ten-year sentence yesterday, Bill Cosby became the first celebrity in the #MeToo era to be convicted of sex crimes and sentenced to hard jail time. He was convicted of three counts of aggravated indecent assault.
What are we make of such a sentence when he could have gotten as little as probation and as much as life?
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While three-to-ten might seem light for a 20-year-old looking at approximately 60 more years of life, for an 81-year-old not in the peak of health, it’s a long haul even if he only does the minimum three years. Cosby also has to pay a fine and have monthly sex counseling.
Cosby was also found to be a “sexually violent predator.” Such a designation impacts people by limiting where they can live — depending on their level, they’re not allowed to live near schools or day care centers; limiting their privacy — many states permit posting the person’s photo both on the web and on local utility poles; and limiting their earning power — it’s rare for any employer to want someone with such a designation. Yet these restrictions won’t likely impact Cosby if he if or when he gets out of jail. He’s amassed enough wealth not to have to worry about living in a tent city outside of a town center like many people designated as sex offenders, and there are very few people in the world who don’t already know the crime for which this guy’s been convicted. His exposure as a sex offender is global.
However, the designation could affect Cosby in prison. Many states impose restrictions on inmates labeled “sexually violent predators.” They often can’t work inside the jail (remember O.J. was permitted to swab the decks). Certain privileges like taking classes or going to library might be restricted and in prison, where every day is as monotonous as the one before, these minor benefits make a difference.
Furthermore, sex offenders are at the bottom of the barrel in the category of people-most-hated by other prisoners. They risk not only being shunned, but being attacked by other inmates and even guards (as well as the myriad of other nasty things you’ve heard tell happen to the lowest of the lows in prison).
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I doubt, though, that Cosby will face these challenges. Although he’s been convicted of heinous crimes involving the incapacitation of women then having sex with them, he’s still “America’s Dad” and a cultural icon. He’s charismatic, funny, and smart. He may find himself with a whole new audience and ample material for a new routine. “Hey, hey, hey, Fat Albert” might morph into “Hey, hey, hey, Fat Albert” in the orange jumpsuit doing 20 to life.
Cosby’s sentence sends a strong message. As the first hit in punishing powerful men who took sexual advantage of women (and others), it’s not overly punitive but neither is it a slap on the wrist. It signals that no person — no matter how popular, powerful, or rich — is above getting prison time if convicted of sexual abuse.
Harvey Weinstein, look out. The casting-couch culture has changed. No one’s looking the other way anymore.
Toni Messina has tried over 100 cases and has been practicing criminal law and immigration since 1990. You can follow her on Twitter: @tonitamess.