He'd allegedly tried two times prior and she rebuffed him, according to the probable cause affidavit attached to his arrest warrant. Subsequently, on his alleged third try, he drugged Constand, according to the affidavit.
"Cosby knew that his two prior sexual advances were blocked by the much younger, athletic victim," the affidavit states. "He knew that further attempts at sexual conduct would likewise be unsuccessful unless he was able to prevent her from resisting."
The affidavit added, "He knew the victim would become sedated, and likely rendered incapable of resistance, by her ingestion of wine and Benadryl, or wine and another substance, known only to Cosby, with similar effects."
Newly elected District Attorney Kevin Steele announced Wednesday morning he's charging Cosby, 78, with aggravated indecent assault, a felony, for allegedly drugging and sexually assaulting Constand, now 42, at his Elkins Park, Pennsylvania, mansion in January 2004.
Matt Rourke / AP
Constand reported the alleged assault to authorities in January 2005. While she told investigators she felt "frozen" and "paralyzed" when Cosby allegedly sexually assaulted her, Cosby told them it was consensual, according to the affidavit. In February 2005, then-Montgomery County District Attorney Bruce L. Castor, Jr., declined to prosecute Cosby citing "insufficient credible and admissible evidence."
Steele said Wednesday morning the charges were possible after new information came to light last July after Cosby's depositions in Constand's lawsuit (which he settled with her in 2006) became public – specifically, Cosby's admission that he'd given Quaaludes to other women in the past.
"That was a significant fact in making a determination," says Steele. "The detectives followed the evidence [from there]."
Mark Blinch / Reuters / Landov
Mother Says Constand Had Nightmares After Alleged AssaultThough Constand did not go to authorities for another year, her mother, Gianna Constand, told investigators she "noticed changes" in her daughter after she left her job at Temple University and returned home to Ontario, Canada, in March 2004, the affidavit said.
"She said there was a change in her daughter's personality and that she had isolated herself from her friends," the affidavit says. "Mrs. Constand also told investigators that her daughter had sleep disturbances that included nightmares and instances in which she would scream in her sleep. Mrs. Constand attempted to find out from her daughter what was wrong with her but the victim simply did not answer."
It wasn't until Jan. 13, 2005 that Andrea finally told her mother that Cosby had allegedly sexually assaulted her, which is when she went to the authorities in Ontario, who referred her to law enforcement in Pennsylvania, where the alleged incident occurred.
Cosby Allegedly Offered to Pay Constand's Therapy ExpensesHer mom also called Cosby "to confront him," the affidavit says, and left a voice mail message. He called back three days later and, although he "did not identify the drug he gave to the victim, during the same conversation he admitted fondling the victim's breasts, digitally penetrating her vagina and placing the victim's hand on his penis for sexual gratification," the affidavit says.
He also allegedly "apologized and offered to cover any expenses associated with therapy" while Mrs. Constand "asked Cosby what he had done to her daughter and what he had given to her," the affidavit says.
"He told Mrs. Constand that he could not read the label because of an eye condition, but that he would write down the name of the medication on a piece of paper and mail it to her," the affidavit says.
Ron Bull / Toronto Star / ZUMA; Peter Kramer / NBC
The affidavit continues, "Cosby's representative provided a statement to investigators on Feb. 4, 2005 in which he confirmed that Cosby had directed him to contact Mrs. Constand to arrange for her, and the victim's, travel to Florida." It adds, "He also revealed that he had made similar arrangements for other women on Cosby's behalf."
When Mrs. Constand was interviewed again by investigators last summer, she told them she told Cosby "he was a very sick man," the affidavit says. "According to Mrs. Constand, Cosby agreed with that accusation and repeatedly apologized."