General Discussion
In reply to the discussion: WOW !!! - The Cover Of NYMag... [View all]Jim Lane
(11,175 posts)I haven't followed the Cosby details, but I think that at least one case involves a way around the statute of limitations -- the woman accused Cosby of doing something years ago (too old to sue over), he denied it, and she's now suing for defamation because he said or implied that she was a liar. The statute of limitations on that claim would run from the date of his (much more recent) denial.
She wouldn't be entitled to recover damages for the rape itself, but a jury might ignore the judge's instructions on that point. A significant punitive damages award might be actually motivated by distaste for the rape but survive an appeal as being an acceptable response to the defamation. At a minimum, the plaintiff would have the satisfaction of a judgment determining that Cosby did rape her.