In 2004, Andrea Constand, then an employee with Temple University's women's basketball team, went to Bill Cosby's Pennsylvania home to discuss her career with a man she considered a mentor.
What transpired that evening, according to police reports and depositions, forever changed Constand's life.
Constand, who says Cosby drugged and then fondled and assaulted her while she lay incapacitated, became the first woman to publicly accuse the comedian of sexual assault. At the time, local prosecutors declined to charge Cosby with a crime. Constand settled a civil case against the comedian in 2006 on undisclosed terms.
That settlement might have been the end of Constand's search for justice, but the Montgomery County District Attorney's office announced Tuesday that it filed felony assault charges against Cosby for the 2004 incident.
If found guilty, Cosby, 78, could face a maximum of 10 years in prison.
Cosby's lawyer declined to comment on the case before the announcement. Cosby previously said under oath that he had consensual sexual contact with the woman.
Constand's case against Cosby was revived by a number of factors, including intense public interest in her allegations and similar claims made by dozens of women in the past year. But charges against Cosby would have been impossible had the statute of limitations expired, as they have for several of Cosby's alleged victims.
Scott Berkowitz, founder and president of RAINN, an anti-sexual violence organization that maintains a state-by-state database of statutes of limitations, tells Mashable that survivors who come forward, before or after any time limit, can feel a sense of validation.
If the limitations have expired for a survivor, her or his report may still be useful to law enforcement in prosecuting the perpetrator for similar crimes.
"On an individual basis,
it means a tremendous amount to victims to see justice done, even if it’s never done in their own case,"
it means a tremendous amount to victims to see justice done, even if it’s never done in their own case," says Berkowitz.
The Montgomery County District Attorney's office said it reopened Constand's case this summer when new information "came to light" and after determining the statute of limitations for aggravated indecent assault, which is 12 years, had not expired.
Just a few decades ago, the statute of limitations for rape were brief. Now they typically are five or 10 years past the date of the alleged crime.
"There's a greater understanding of the seriousness of rape," says Berkowitz.
"Having such a short period of time was just unfair to victims."
"Having such a short period of time was just unfair to victims."
While some might be skeptical of crimes reported and prosecuted years after the incident, nearly 70% of sexual assault victims don't immediately or ever tell the authorities about their attack, according to the Justice Department.
They may fear public judgment, unsympathetic law enforcement and invasion of privacy, says Berkowitz.
Constand, who moved to Canada to live with her parents a few months after the assault, told no one about it at first. Constand's mother, according to the criminal complaint, noticed unexplained changes in her daughter's personality, including nightmares and screaming out in her sleep.
When Constand finally confided in her mother about the assault, it triggered a series of events that ultimately led to the charges against Cosby. Constand and her mother confronted Cosby and reported the attack to Canadian authorities.
In the complaint released Tuesday, the district attorney's office describes several indicators of guilt as well as discrepancies between what Cosby told Constand and her mother and what he disclosed to investigators at the time.
Cosby told authorities in depositions a decade ago that he specifically wanted to develop a friendship with Constand so that it might turn romantic. When questioned about the pills he offered Constand on the evening of the alleged assault, investigators concluded that he deliberately withheld information about their nature from Constand and her mother. He also offered to pay for therapy related to the incident as well as her graduate school tuition and expenses.
"Investigators recognize that individuals who are falsely accused of sexual assault generally do not unilaterally offer generous financial assistance, and apologies, to their accuser and their accuser's family," the complaint reads. "To the contrary, such conduct is consistent with offenders who are seeking to make amends for wrongful behavior and prevent involvement by law enforcement."
These are the first criminal charges against Cosby. His arraignment is set for Wednesday afternoon.
Constand, who is now 42 and works as a massage therapist in Canada, 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."
Berkowitz says that outcomes like the development in Constand's case are unusual. In high-profile cases where multiple accusations surface years later, it's often because victims feel a sense of safety in their numbers. And when perpetrators are charged long after the alleged crime, it's frequently because law enforcement receives numerous new reports. That pattern, for example, is common to cases involving teachers or someone prominent in a community.
A second chance at justice can be transformative for survivors, says Berkowitz. It can fundamentally change their outlook and provide deep emotional and spiritual relief from years of suffering.
"Not nearly enough victims ever get that opportunity," Berkowitz says. "It's still unfortunately very rare."
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