Comedian Bill Cosby allegedly acknowledged that he had intimate relations with and gave drugs to one of the women accusing him of sexually assaulting her in 2004.
“Tell your mother you were awake. Tell your mother about the orgasm. Tell your mother how we talked,” Cosby said to accuser Andrea Constand and her mother in a taped phone call one year after the alleged assault, The Associated Press reports.
In the days that followed, Cosby’s representatives reached out to Constand, offering to give her an education fund or have her meet him at upcoming events, according to AP.
The tape was given to police in Canada, who referred it to Pennsylvania investigators.
In a 2005 deposition that occurred as part of a sexual assault lawsuit Constand filed, Cosby recounted the relationship he had with her, admitting the two had been intimate with one another and that drugs had been involved.
According to Cosby, Constand, then a Temple University basketball player, responded “very, very favorably” to him when they met at the school’s arena in 2002.
Their friendship involved her attending dinners at his home, at first with others present and then alone. Cosby saw himself as a mentor, friend, and occasional sex “play” partner to Constand, although he said intercourse never happened because he did not want her to fall in love with him, AP reports.
Cosby, in the deposition, described the evening in 2004 that involved sex play between him and Constand that resulted in her accusing him of sexual assault.
"Andrea came to the house ... We talked about Temple University. We talked about her position. And then I went upstairs and I got three pills ... because she was talking about stress ... We sat for 15 or 20 minutes talking," Cosby said in the deposition. "I then said, 'Let's go into the living room.’ ... I asked her to have a sit down on the sofa. We were still talking. But then we began to neck and we began to touch and we began to feel and kiss and kiss back."
Cosby went on to state that the “digital penetration” that occurred was done as something of a favor, to help her relax.
“I was hoping (it) had been a sort of a contribution to happiness, friendship, a moment that we shared,” Cosby said.
Constand, who is gay and was at the time dating a woman, said she was too drugged to clearly remember what happened.
Then-Montgomery County District Attorney Bruce Castor chose to not press charges against Cosby, as he saw the case as one of “he said, she said.”
The case was reopened last year before the 12-year statute of limitations expired under a new district attorney amid the release of portions of Cosby's deposition and the review of multiple accusations of sexual assault by Cosby against numerous women.
On Feb. 2, Cosby is due in court where his lawyers will try to have the sexual assault charges dismissed. They are arguing that he had a deal that he would never be charged, with Castor as their key witness.
“The charges brought on Dec. 30, 2015, violate an express agreement made by the Montgomery County District Attorney in 2005, in which the Commonwealth agreed that Mr. Cosby would never be prosecuted with respect to the allegations of sexual assault made by complainant Andrea Constand,” Cosby’s motion reads, according to WCAU.
“This agreement, made for the express purpose of inducing Mr. Cosby to testify fully in Ms. Constand’s civil litigation against him, led Mr. Cosby to give deposition testimony in 2005 and 2006 without invocation of his Constitutional rights against self-incrimination,” the motion continues.