Criminal Law

Bill Cosby charged with sexually assaulting Ontario woman


NORRISTOWN, Pa. – Bill Cosby was charged Wednesday with sexually assaulting an Ontario woman at his home 12 years ago _ the first criminal charges brought against the comedian out of the torrent of allegations that destroyed his good-guy image as America's Dad.

The case sets the stage for perhaps the biggest Hollywood celebrity trial of the mobile-all-the-time era and could send the 78-year-old Cosby to prison in the twilight of his life.

The woman at the centre of the case is Andrea Constand, a Toronto massage therapist who was a Temple University employee in Pennsylvania at the time of the alleged assault.

She told police that Cosby drugged her and violated her by putting his hands down her pants at his mansion in suburban Philadelphia in 2004, but no charges were initially laid.

On Wednesday, Cosby was charged with aggravated indecent assault.

"This case is going to be a very high profile and serious blow to the already tarnished reputation of Bill Cosby," Toronto criminal lawyer Joseph Neuberger tells in an interview. Listen to his appearance on Talk Radio 640

"What will have yet to be seen is if prosecutors will seek to have other complainants testify at this trial by way of similar fact evidence to bolster Constand’s credibility and evidence," Neuberger says.

"This will be a very long and tough road for Mr. Cosby and if convicted, there will be serious implications for the civil lawsuits as well not to mention a lengthy jail sentence," says Neuberger, partner with Neuberger and Associates LLP.

Prosecutors accused him of rendering Constand unable to resist by plying her with pills and wine, then penetrating her digitally without her consent, when she was unconscious or unaware of what was happening.

She was ``frozen, paralyzed, unable to move,'' Montgomery County District Attorney-elect Kevin Steele said in announcing the charges.

The charge was announced just days before the 12-year statute of limitations for bringing charges was set to run out.

Cosby had acknowledged under oath a decade ago that he had sexual contact with Constand but said it was consensual.

Prosecutors reopened the case over the summer as damaging testimony was unsealed in a related civil lawsuit by Constand against Cosby, and as dozens of other women came forward with similar accusations that made a mockery of his image as the wise and understanding Dr. Cliff Huxtable from TV's ``The Cosby Show.''

Many of those alleged assaults date back decades, and the statute of limitations for bringing charges has expired in nearly every case.

Constand, now 42, is ready to face Cosby in court, her attorney, Dolores Troiani, said this fall.

``She's a very strong lady,'' Troiani said. ``She'll do whatever they request of her.''

The charges add to the towering list of legal problems facing the actor, including defamation and sex-abuse lawsuits filed in Boston, Los Angeles and Pennsylvania.

Cosby in 1965 became the first black actor to land a leading role in a network drama, ``I Spy,'' and he went on to earn three straight Emmys.

Over the next three decades, the Philadelphia-born comic created TV's animated ``Fat Albert'' and the top-rated ``Cosby Show,'' the 1980s sitcom celebrated as groundbreaking television for its depiction of a warm and loving family headed by two black professionals _ one a lawyer, the other a doctor.

He was a fatherly figure off camera as well, serving as a public moralist and public scold, urging young people to pull up their saggy pants and start acting responsibly.

Constand, who worked for the women's basketball team at Temple University, where Cosby was a trustee and proud alumnus, said she was assaulted after going to his home in January 2004 for some career advice.

Then-district attorney Bruce Castor declined to charge Cosby, saying at the time that both the TV star and his accuser could be portrayed in ``a less than flattering light.'' This year, Castor said the allegations in Constand's lawsuit were more serious than the account she gave police.

After the criminal case went nowhere, Constand settled her lawsuit against Cosby in 2006 on confidential terms.

Her allegations and similar ones from other women in the years that followed did not receive wide attention but exploded into view in late 2014, after comedian Hannibal Buress mocked Cosby as a hypocrite and called him a rapist during a standup routine. That opened the floodgates on even more allegations.

Earlier this year, The Associated Press persuaded a judge to unseal documents from the Constand lawsuit, and they showed the long-married Cosby acknowledging a string of affairs and sexual encounters.

Cosby testified that he obtained quaaludes in the 1970s to give to women he wanted to have sex with. He denied giving women drugs without their knowledge and said he had used the now-banned sedative ``the same as a person would say, 'Have a drink.'''

Neuberger, who also spoke about the case on Zoomer Radio am 740 with Libby Zniamer, says that the depositions "revealed very compelling evidence and admissions from Cosby that are corroborative of the complaint by Constand, but also corroborative of the numerous other complaints outlined in the various lawsuits that Cosby is now facing in civil court, most importantly, admissions of giving drugs to various women who he wanted to have sex with but maintaining that it was with their knowledge." Listen to Talk Radio 640

In the deposition, Cosby said he put his hands down Constand's pants that night and fondled her, taking her silence as a green light. Constand maintains she was semi-conscious after he gave her pills he said would relax her.

``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 testified.

He said Constand was not upset when she left that night. She went to police a year later.

Her lawyer has said Constand is gay and was dating a woman around the time she met Cosby in the early 2000s.

- with files from

© 2015 The Canadian Press

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