CONFESSION VERSUS PRESUMPTION OF INNOCENCE

Why do people “confess”?

People usually confess because they’re guilty. Most confessions are “coerced” (few confess “voluntarily”). But “coercion” is a complicated concept despite the law recognizing only confessions obtained by physical duress as “coerced”. Even confessions legally “coerced” are mostly made by guilty persons.

Also, many confessions are false often “coerced” by circumstances law won’t recognize as “duress”. People have innumerable reasons for falsely confessing, including:

  • Bad advice by cowardly lawyers afraid of trials;
  • Protection of loved ones the confessors believe guilty.

But the most frequent motivation for false confessions is, directly or indirectly, Goodman’s Law. Remember Goodman’s Law? Don’t ask if it’s about the money. It’s ALWAYS about the money.

The rich and famous will falsely confess as part of a scheme (a.k.a. “settlement”) to throw money at a potentially embarrassing situation thus ending it. Such confessors are dishonest opportunists but not guilty of the “confessed” wrong. Goodman’s Law motivation is most effective when opportunists are assured their “confessiona” will be forever secret. The rich and famous call that “win-win”.

Take, for example, Bill Cosby who was accused, decades after the fact, of drugging several young women unbeknownst to them with a view to sexual intercourse (a.k.a. RAPE)! The majority of his accusers came forward after limitation statutes expired thus excluding prospects of proving their allegations in court with corroborative evidence. Despite Cosby’s repeated but deliberately bare denials, courts of public opinion immediately convicted him. Only a stubborn few insisted on applying the presumption of innocence. When questioned about their delays, his accusers explained they were afraid of Cosby’s power and influence which I suppose has waned over the years.

Many accusers admitted ongoing relationships with Cosby before and after he allegedly drugged and raped them thus casting doubt on their bona fides. Recently, miniscule residual public sympathy for Cosby was almost 100% erased when a Judge unsealed a sworn deposition from a suit brought against him by one of his braver accusers. Mainstream US media jumped all over the unsealed deposition characterizing it a “confession” to the dastardly deeds. But the deposition includes no such confession. Instead, it exposed a previously unknown Bill Cosby namely the misogynist whose unlimited disrespect for women, marital fidelity and personal accountability seemed unfettered by society’s rules. It revealed Cosby believed he was immune to societal restraint as evidenced by his contemptibly cavalier approach.

But no confession of rape, drugging innocent women or the like appeared. Cosby said he wooed the Plaintiff by “Inviting her to my house, talking to her about personal situations dealing with her life, growth, education”. He insinuated himself into her life pretending to be a mentor when, all along, he only wanted sex. He described a long term relationship known to the Plaintiff’s mother who didn’t approve. He agreed the relationship began deceitfully (gosh, surely no married man EVER did that before?); admitted he took unfair advantage of his role as mentor; admitted he successfully wormed his way into her affections (read “panties”) after a sustained, calculated campaign; and admitted obtaining qaaludes to give to her for sexual purposes but insisted the drug-taking and sex were consensual. He admitted paying large sums to keep this and other dalliances secret from Camille.

So, Bill Cosby is a hypocrite; serial adulterer; and wealthy jet-setter willing to use every available tool (pun intended) to encourage as many women as possible to have consensual sex with him unbeknownst to his wife. Obviously, he’s an excellent candidate for the Democratic Party’s Presidential nomination. Men like him are dime-a-dozen especially in entertainment. Also, women abound who throw themselves at these men to “get ahead”. Ask Jack Nicholson; Wilt Chamberlain (boasted he slept with 20,000 women); David Duchovny; Magic Johnson; Arnold Schwarzenegger; Tiger Woods and Charlie Sheen who reputedly bedded 5000.

Go ahead, call me names. See if I care. I’ve already been accused of having a problem with women because, God forbid, I joked about Diana Macaulay’s knickers. Well, I confess to having a problem with women (and men) who take themselves too seriously. In a world rendered colourless by political correctness’ totalitarian rule, men can’t joke about women but women can allege all sorts of nastiness about men while political correctness prevents any penetrating (OMG, there he goes again!) male enquiry in reply. In Cosby’s case, there’s no need to analyze why he might’ve falsely confessed because he hasn’t confessed. Is Cosby a rapist? I don’t know. Is he still entitled to the presumption of innocence? Yes.

Peace and Love

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