A Bill Cosby Juror Thought Andrea Constand's Outfit Was The Problem

by Chris Tognotti
Kevin Hagen/Getty Images News/Getty Images

Less than a week after the Bill Cosby sexual assault trial ended with in a mistrial, one member of the 12-person jury has spoken out to explain what happened. In an anonymous interview with The Philadelphia Enquirer, the juror said he didn't believe Andrea Constand because she was "well-coached" on the witness stand, and insisted Cosby had already "paid dearly" thanks to the slew of rape and sexual assault allegations against him, which Cosby wholly denies.

The juror did not state whether he favored conviction or acquittal, and said that doesn't support Cosby being retried. According to reports following the verdict, 10 of the 12 jurors favored convicting Cosby and two refused. But in The Philadelphia Enquirer interview, the juror claimed three more flipped to acquittal throughout deliberations. It's worth noting that this is just the account of one person, however, and there have already been conflicting accounts from different jurors.

The unnamed juror's comments shed light on how Cosby, who has been accused of rape and sexual assault by almost 60 women (Cosby roundly denies any wrongdoing) managed to avoid conviction. The criminal charges he faces relate only to Constand's allegation, though sexual assault awareness advocates say that the prosecution and Constand face an uphill legal battle. Some critics also point to the culture of victim blaming as one of the challenges survivors face; the juror told The Philadelphia Enquirer that Constand's story of being drugged and assaulted by Cosby was not credible because of how she dressed, and the fact that she gave him some bath salts after the date of the alleged assault.

"She was well-coached," the juror told the newspaper. "Let’s face it: She went up to his house with a bare midriff and incense and bath salts. What the heck?"

The juror also made it clear that he didn't think further legal action against Cosby was appropriate, citing the damage already done to his career. He also said that he believes dozens of Cosby's accusers were spreading opportunistic lies about the comedian:

This is ridiculous, unbelievable. I think more than half [of Cosby accusers] jumped on the bandwagon.

That the anonymous juror raised the notion of more than half of the 60 allegations against Cosby being false is a prime example of what the prosecution will be up against when Cosby is retried. While only Constand's allegations were at issue in the trial, believing that more than half of them are lies isn't quite the same as restraining oneself from considering them.

If and when Cosby is retried, one of the main concerns for the prosecution is the trial landing a juror who views Constand's manner of dress, or her behavior immediately following the alleged assault, or even the staggering number of allegations against Cosby, as alluding to some kind of unfair conspiracy against him ― because it only takes one holdout to hang a jury. And considering the fact that rape culture is still a hugely potent force in American life, that seems like a valid concern.