This article is from the source 'guardian' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.

You can find the current article at its original source at http://www.theguardian.com/world/2015/dec/30/bill-cosby-charged-sexual-assault

The article has changed 10 times. There is an RSS feed of changes available.

Version 3 Version 4
Bill Cosby charged over 2004 sexual assault allegation Bill Cosby charged with felony sexual assault in 2004 case
(about 2 hours later)
Bill Cosby will face an aggravated indecent assault charge, his first criminal charge for his alleged conduct against women, prosecutors announced on Wednesday. Bill Cosby, the comedian and entertainer once known as “America’s dad”, faced his first criminal charge for sexual misconduct on Wednesday, for an incident where he allegedly drugged and violated a woman who considered him to be her mentor.
Pennsylvania prosecutors issued an arrest warrant for an alleged sexual assault that happened more than a decade ago. Pennsylvania prosecutors have issued an arrest warrant for Cosby, 78, who is facing an aggravated indecent assault charge over an incident that happened more than a decade ago. Cosby faces up to 10 years in prison.
Montgomery County first assistant district attorney Kevin Steele said that the first-degree felony charge stemmed from a sexual assault that took place in early 2004 in Cosby’s home. Steele said that the victim “came to consider Mr Cosby her mentor and her friend” after the two met through her work at Temple University. Kevin Steele, Montgomery County’s first assistant district attorney, said the victim was penetrated without her consent while she was impaired. “There is not a question in terms of pills being provided to her, there’s not a question as to what went on, of the digital penetration,” Steele said.
Steele said the victim was penetrated without her consent while she was impaired. “There is not a question in terms of pills being provided to her, there’s not a question as to what went on, of the digital penetration,” Steele said. Related: Bill Cosby will finally face charges. There's no guarantee he'll face justice | Jessica Valenti
Andrea Constand, who first brought charges against Cosby in 2005, was named as the victim in the affidavit.
She had met Cosby through her work at Temple University in Philadelphia and had “what the victim believed to be a sincere friendship”, according to the affidavit filed on Wednesday.
By the time their relationship began, Cosby was an American icon, celebrated for his role as Dr Cliff Huxtable in the beloved 1980s sitcom The Cosby Show. Along with being a top-rated, award-winning program, the show was heralded for its groundbreaking depiction of a well-to-do black family.
Republican strategist Karl Rove had even claimed on election night 2008 that Cosby had changed racial attitudes in the US so significantly that it paved the way for Barack Obama’s presidency. “It was America’s family,” Rove said of the Cosbys.
The so-called Huxtable effect is often disputed, but Cosby told the New York Times in 2008 that his show definitely had an enduring effect on racial views in the US.
“I would not be surprised with the comfort level of people looking at a family and not being afraid of them, and not holding them to some strange old thoughts of a nation,” Cosby told the New York Times in November 2008. “It’s what people have done with themselves by watching that show and believing in it.”
But dozens of women have since publicly claimed that for decades, Cosby was drugging and violating women. Constand is the first to have these allegations officially supported by a law enforcement body.
In the affidavit, Constand said that Cosby made two sexual advances towards her while she was at his home. The third time he made advances, she was under the influence of three pills and wine. Investigators have not been able to determine what type of pills she had consumed.
But Constand, who had told Cosby she was stressed and missing sleep, believed they were herbal pills. Shortly after taking them, she became dizzy and nauseous, yet was aware that Cosby was fondling her and penetrating her with his fingers. She told investigators that she felt “frozen and paralyzed”.
After the incident, Constand moved back to her native Canada, where she still lives, and left her job with Temple’s women’s basketball team.
In January 2005, she filed a complaint against Cosby in Ontario. That was followed by a criminal investigation in Montgomery County. Then-district attorney Bruce Castor announced in February that the office would not press charges against Cosby.
“I thought, in my gut, that she was telling the truth,” Castor told the Washington Post last year. “I was absolutely certain that she believed that Cosby had taken advantage of her, but there were not enough details.”
Constand filed a civil suit in March 2005, which eventually included 13 other women who testified as Jane Does. Constand’s attorneys said in the court filings that the women “were victimized after being conned by the Cosby image”.
She settled her suit against Cosby in 2006.
These allegations and others failed to gain widespread attention until a video of comedian Hannibal Buress calling Cosby a hypocrite and a rapist during a performance went viral in October 2014.
Since then, more than 50 women have come forward with accusations of sexual misconduct against Cosby. Sex abuse lawsuits have also been filed against him in Boston and Los Angeles.
In Cosby’s deposition in the Constand case, he admitted to obtaining quaaludes with the intent of giving them to women he wanted to have sex with, but the court documents revealing that information were not made public until July.
The judge who unsealed the deposition in July argued that because Cosby was seen as a “public moralist,” his statements met the public interest standard for being released.
Pennsylvania prosecutors reopened the case over the summer when this damaging testimony was unsealed and as dozens of other women came forward with similar accusations.
Related: Janice Dickinson on Bill Cosby: ‘They can fling all they want at me. I did not consent.’Related: Janice Dickinson on Bill Cosby: ‘They can fling all they want at me. I did not consent.’
The victim, had rejected two of Cosby’s sexual advances in the past but on the evening in question, Cosby had urged her to take pills, Steele said. It is not clear to investigators what kind of pills he provided to her, Steele said, but they know he also urged her to drink wine. “Reopening this case was our duty as law enforcement officers,” Steele said at a short press conference on Wednesday.
Former Temple University employee Andrea Constand is named as Cosby’s victim in the affidavit released on Wednesday. She said Cosby had drugged and violated her in Philadelphia, but a district attorney declined to press charges in 2005. Constand had been employed by the women’s basketball team at Temple when she met Cosby, and she said he assaulted her at his home in January 2004. Constand settled her lawsuit against Cosby in 2006. Constand was interviewed again after the investigation was re-opened, according to the affidavit. She told investigators that in her initial confrontation with Cosby over the telephone, she had told him “you are a very sick man”. She said Cosby had agreed and repeatedly apologized.
She did not ask for the criminal investigation to be re-opened but agreed to cooperate with investigators if necessary.
The charges come just before the statute of limitations was set to expire for the case. For many of the other women who have made similar claims against Cosby, the statute of limitations had already expired.
After the charges were announced, Constand’s attorney, Dolores Troiani released a statement, expressing her “utmost confidence” in Steele and his team.After the charges were announced, Constand’s attorney, Dolores Troiani released a statement, expressing her “utmost confidence” in Steele and his team.
“On behalf of our client, Andrea Constand, we wish to express our appreciation to the Montgomery County District Attorney’s Office, the County Detectives and the Cheltenham Police Department for the consideration and courtesy they have shown Andrea during this difficult time,” the statement said. “We have the utmost confidence in Mr Steele, Ms Feden and their team, who have impressed us with their professionalism.”“On behalf of our client, Andrea Constand, we wish to express our appreciation to the Montgomery County District Attorney’s Office, the County Detectives and the Cheltenham Police Department for the consideration and courtesy they have shown Andrea during this difficult time,” the statement said. “We have the utmost confidence in Mr Steele, Ms Feden and their team, who have impressed us with their professionalism.”
Steele said the charges were being filed “in light of new information”. The statute of limitations for sexual assault charges in Pennsylvania is 12 years, and would have expired in January 2016. For many of the other women who have made similar charges against Cosby, the statute of limitations has already expired.
Related: Bill Cosby's ability to 'read' sexual cues questioned by lawyer of gay accuser
Prosecutors reopened the case over the summer when damaging testimony was unsealed in Constand’s related civil lawsuit against Cosby and as dozens of other women came forward with similar accusations.
“Reopening this case was our duty as law enforcement officers,” Steele said.
Steele said Cosby’s attorney has been notified and that the comedian would be arraigned later on Wednesday.Steele said Cosby’s attorney has been notified and that the comedian would be arraigned later on Wednesday.
Old allegations of sexual misconduct against Cosby, 78, received renewed attention last year. Since then, more than 50 women have come forward accusing him of sexual assault or misconduct. There was no immediate response to a request for comment from Cosby or his lawyers, who have consistently denied allegations of sexual misconduct lodged against the comedian.
Steele said the charges filed on Wednesday concern one victim, but prosecutors spoke with other alleged victims in order to re-open the case. “It’s outlined in the affidavit of probable cause that there are other alleged victims and we are examining evidence in that,” Steele said.
Last week, Cosby filed a lawsuit against supermodel Beverly Johnson for defamation, over her claim that the comedian drugged and attempted to sexually assault her in the 1980s. The suit came after counter-claims that Cosby’s attorneys had filed several days earlier in a Massachusetts federal court agains seven women who are suing him for defamation. Those women contend Cosby defamed them by allowing his representatives to brand them as liars.