The case is probably the strongest among 50 women who have accused the comedian of similar assaults.
Montgomery County (Pa) prosecutor Kevin Steele said at a news conference this morning (Dec. 30) that Cosby has been charged with one count of aggravated indecent assault, a felony. (See below)
The law makes it a crime to have sex with someone who is unconscious or is unaware that “penetration is occurring,” according to the statute.
“The person has substantially impaired the complainant’s power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, drugs, intoxicants or other means for the purpose of preventing resistance,” the statute reads.
At the time of the alleged assault in 2004, Constand was director of operations for the women’s basketball team at Temple University. Cosby attended school there and became a major donor.
Unlike all of the other alleged victims, she filed a civil suit in 2005, after police refused to arrest the comedian. During the collection of evidence, known as “discovery,” Cosby was forced to testify under oath.
During his testimony, he made some damning admissions that almost certainly will be used against him in the criminal trial. The suit was settled out of court in 2006, but recently a judge unsealed court papers.
Constand testified that Cosby gave her three blue pills when she said she was stressed over work. She said he described them as “herbal medication” to help her relax.
After taking the pills, she testified that her “knees began to shake, her limbs felt immobile, she felt dizzy and weak and she began to feel only barely conscious.”
Cosby didn’t stop there. He gave her another drug, led her to a sofa and sexually molested her. When Constand woke up, she found her “clothes and undergarments were in disarray,” according to court papers.
“He urged her to take pills he provided and drink wine,’ said Steele. “Unable to move or respond to his advances, he committed aggravated indecent assault.”
“Frozen, paralyzed, unable to move. A person in that state is unable to consent,” he added.
During his testimony, Cosby insisted their sexual contact was consensual.
He claimed Constand did not object when he put his hand down her pants. He admitted fondling her and engaging in oral sex.
“I don’t hear her say anything. And I don’t feel her say anything. And so I continue and I go into the area that is somewhere between permission and rejection. I am not stopped,” Cosby shockingly testified.
He also admitted the he purchased Quaaludes, a powerful sedative, to give to young women he wanted to have sex with. Combined with alcohol, the drug can cause disorientation and loss of muscle control.
Steele said the evidence is “strong and sufficient to proceed at this point.” He did not explain why police refused to charge Cosby at the time.
The alleged assaults occurred throughout his career. Most of the women refused to pursue charges because of Cosby’s reputation and stature. In many cases, he allegedly offered to help his victims find work in entertainment.
In January Chloe Goins also file a criminal complaint against the embattled comedian in Los Angeles. The 24-year-old model alleges that Cosby drugged and sexually assaulted her at The Playboy Mansion in Los Angeles. She was just 18-years-old.
She claims she blacked out after Cosby gave her a drink. She woke up naked on a bed. Cosby was biting her toes; his pants were around his ankles and he was masturbating, according to The Los Angeles Times.
That case is still pending.
Check out the full news conference below. Let us know your thoughts and be sure to follow IM on Twitter for the latest celebrity news.
To read the stories of other women who claim to have been assaulted by the comedian over the course of his career, click here.