Bill Cosby arrives for his sentencing hearing at the Montgomery County Courthouse. Photo / AP
Bill Cosby arrives for his sentencing hearing at the Montgomery County Courthouse. Photo / AP
Bill Cosby's victim said she wanted "justice as the court sees fit" as the comedian faced the possibility of spending his life behind bars during sentencing at a suburban Philadelphia court.
Andrea Constand spoke just briefly at the hearing, but submitted a longer victim impact statement about how the TV star drugged and sexually assaulted her, resulting in his conviction in April on three counts of aggravated indecent assault.
Judge Steven O'Neill said he would hand down a sentence on Tuesday morning (local time), and that it would be a maximum of ten years, rather than ten years on each count, as Constand's supporters had hoped. He said Cosby could spend just two or three years in confinement.
Constand's mother Gianna sobbed as she read out a heartbreaking victim impact statement.
She said that learning of the attack on Constand in 2004 was "a rollercoaster that never came to an end" and "became a nightmare" for her, too.
"Not only was I listening to Andrea's nightmare but I had my own battles," she said. "We had to battle harassment from media outlets tricking us, parking outside the door, not even allowing us to go to work.
"I had some volatile communication with Bill Cosby that caused me to have physical ailments that still last.
"I sacrificed years of pension loss to take care of my mental health. I worry about my daughter, live in fear of her physical and mental state of mind and realise this event has contributed to so much pain and sadness in my life."
The 81-year-old was convicted of sexually assaulting Andrea Constand. Photo / AP
She said Cosby had "protected himself at the cost of ruining many lives."
Constand's father Andrew said he felt such "sadness for my wife and daughter" that he had been unable to think and had to take pills to help him sleep — eventually doubling the dose.
Her sister Diane Parsons said her happy, energetic sibling was a changed person after the crime, "frail, nervous and weak". Parson said she was "shocked" and felt "helpless" to assist her sister.
The prosecution spoke of how being sexually assaulted was a "physically violating experience" and the "pain and anguish" followed Constand after the crime.
"Nobody is above the law," said District Attorney Kevin Steele, saying Cosby had failed to accept responsibility and showed "no remorse."
He asked for a five to ten-year sentence in a state facility to be imposed and the maximum fine, $20,000, plus court and sheriff's costs.
Defence lawyer Joseph Green said "frenzied public opinion doesn't drive legal consequences."
He asked the judge to consider how Cosby would fare behind bars at 81 years old.
"Mr Cosby is not dangerous, 81-year-old blind men who are not self sufficient are not dangerous — except perhaps to themselves."
Cosby's spokesman Andrew Wyatt said Cosby was "still America's Dad", as he walked into court on Monday afternoon, adding that the Cosby Show star was "in great spirits" and had been told to stay focused.
The TV star pointed at the crowd as he entered Montgomery County Court, but remained silent while his lawyers fought on his behalf — as he has largely done throughout his high profile trial, apart from one outburst.
That came when the prosecutor asked the judge to revoke his bail at an earlier hearing, claiming he was a flight risk and had a private plane. Cosby shouted: "He doesn't have a plane, you asshole!"
Cosby was found guilty on April 26, for drugging and sexually assaulting Andrea Constand at his home in a Philadelphia suburb in 2004.
Dr Kristen Dudley, a psychologist and member of Pennsylvania's State Sexual Offenders Assessment Board, said he should receive the label, which would necessitate community notification of his whereabouts, lifetime counselling and be permanently attached to his name.
"I came to the conclusion that Mr Cosby does in fact meet the criteria to be classified as a sexually violent predator," said Dudley, citing the nature of Cosby's relationship with Constand, who was an employee at Temple University, where he was a benefactor.
"He used that friendship, that relationship, that trust to take advantage of her using drugs and alcohol and when she was rendered unconscious or sedated."
Dudley said witness testimony from his two trials "creates a picture of Cosby, who befriends women and during course of the relationship was supplying them with drugs or alcohol to sedate them" and violating them for the "sole purpose of his sexual gratification."
Testifying for the prosecution, the doctor claimed Cosby had a mental abnormality, a "paraphilic disorder" in which he targeted "nonconsenting women." She further claimed he had been predatory in initiating and maintaining a relationship with Constand in part in order to victimise her, drugging and assaulting her "for the sole purpose of his gratification."
Defence lawyer Green argued that one factor in branding a "sexually violent predator" was the risk of re-offending — and that the literature shows that risk declines with age. He said the legally blind 81-year-old would have few opportunities to meet and victimise anyone else.
Green also noted that the "paraphilic disorder" Dudley applied to the former Cosby Show star had only become a possible diagnosis in the past few years. He said the state law itself was unconstitutional, with Pennsylvania and other states repeatedly rewriting their sex-offender reporting laws after courts found them vague and unfairly punitive.
Seminal #MeToo moment
The court was packed with the TV star's accusers, who embraced before the hearing began, in what marks the first sexual assault sentencing of a major celebrity in the #MeToo era.
One protester outside the court in Norristown, Pennsylvania, pushed a Cosby mannequin on a trolley blowing bubbles, to protest the statute of limitations, which prevented many of his accusers from pressing charges.
There is no minimum sentence, and Cosby could be placed on probation or house arrest. Lawyers who work in sexual assault cases have predicted the once celebrated comedian could face a sentence of just two to four years.
The judge will also have to decide whether Cosby is permitted to remain free pending his probable appeal — but this is thought to be an unlikely result, with sexual assault campaigners keen to see him finally jailed for his crimes.
The comedian will be permitted to speak tomorrow, if he chooses.
Cosby has been under house arrest after posting a $1 million bail. He is only able to leave his home with advance permission, for medical reasons or to meet lawyers.
He is legally blind and lives with wife Camille, who has stuck with him throughout the accusations, saying there had only been "affairs", which the couple had resolved privately.
Sixty women have accused the former TV star of sexual assault. Ms Constand was the only victim to give evidence at his first trial, which ended in a mistrial with the jurors deadlocked and unable to reach a unanimous decision.
