Bill Cosby's accusers number in the dozens. His alleged sexual assault crimes lead more than 40 years--to December 1965. Yet due to women failing to come forward and report the alleged assaults for decades, most cases are past the statute of limitations for prosecution. Prosecutors were able to bring criminal charges in one of those cases, however--that of Andrea Constadt, who claims Cosby drugged her and sexually assaulted her at his home in 2004.
In 2005, prosecutors declined to charge Cosby with sexual assault, citing insufficient evidenced. However, in December 2015, citing new evidence, police in Montgomery County, Pennsylvania, arrested Bill Cosby. He was released on $1 million bond and ordered to surrender his passport.
The evidence came from released transcripts of a lawsuit Constadt filed against Cosby, in which he admitted to extramarital affairs, testified that he got quaaludes to give to women he wanted to have sex with, and said that he gave Constadt Benadryl the night in question. Yet throughout the lawsuit, Cosby maintained that the sexual encounters were consensual.
After Cosby's arrest, his defense team vowed to fight his prosecution, calling the charge a political ploy:
"The charge by the Montgomery County District Attorney's Office came as no surprise, filed 12 years after the alleged incident and coming on the heels of a hotly contested election for this county's DA during which this case was made the focal point. Make no mistake, we intend to mount a vigorous defense against this unjustified charge and we expect that Mr. Cosby will be exonerated by a court of law."
Cosby's attorneys fought the prosecution from the beginning. Cosby countersued Cosntadt, saying that her discussion of the case now violated the confidentiality requirements of the lawsuit and settlement. His defense team argued that the prosecution of Cosby now, some 12 years later, violated an agreement with the then-Montgomery County D.A. who said he would not file charges against Cosby if he testified at the lawsuit.
Now, though, a new D.A. has taken the helm--one who made no such agreement with the comedian. And an appeals court ruled that the agreement with the prior District Attorney does not hold. The ruling allows criminal prosecution of Bill Cosby to proceed in the 2004 sexual assault case.
Cosby's attorneys are considering whether or not to appeal the lower court's decision to the state Supreme Court.
Image credit: Ted Eytan
