and when asked about whether or not my client who he had sex with and he admitted in the deposition that he gave her quaaludes, whether or not he knew if she consented, he said i don t know. now, my client says she didn t consent. that he raped me. so it s a very powerful testimony. very powerful admission and it s going to be used against him. paul callan, using your expertise, can a woman give consent when she s on a drug like this? bill cosby claims that she consented to taking the drugs but from a court s perspective does that qualify as consent? no, it doesn t. it s interesting, jim, that question. because more recently i think we ve kind of changed the rules of conduct with men and women about talking about getting clear affirmative consent before a man proceeds with sexual contact with a woman. a lot of people say back in the old days it wasn t that way. if she didn t say no that meant yes. well, the law has always held that if a woman is so
knowledge and consent. well, that s true. and that because in his deposition he did indicate or admit or state, testify, that he did give quaaludes to some women with the intention of having sex. however, when he was queerried, when he was asked if that was without their knowledge or consent, he did not answer the question because there was an objection by his attorneys to the question. so that s true. i want to say one other thing, this is something i heard also, a defense attorney shall remain unnamed, say on television this morning, which was, well, she filed andrea constand filed a civil lawsuit against him, she was seeking money. and so somehow that goes to her credibility. well, it s true that it can be used by the defense, they can
rejected. on the evening in question, mr. cosby urged her to take pills that he provided to her. and to drink wine. the effect of which rendered her unable to move, respond to his advances. reporter: though constant came forward in 2005, the district attorney at the time did not file charges. that same year, constant sued cosby. the comedian then settling for an undisclosed amount. legal documents in the case were unsealed for the first time this past july and the deposition made public. in it, cosby admits giving common quaaludes but never without their knowledge. constant s lawyer asks cosby, when you got the quad lealudes it in your mind you would use them to young women you want to have sex with? cosby replays, yes. that deposition and other evidence unsealed in the civil case paved the way for a new district attorney to reinvestigate the allegations.
behaves the way she did a don t think a lot of young post-feminist icons think. what she should not be hit on is staying for a husband who cheated on her because nobody knows what happens in a marriage and there s plenty of women who did the same thing who may be on the cusp of voting for donald trump. and he s judging. his main crux of his statement is saying be careful because i ll bring up the sexual acts by your husband and you you bad-mouth the women i think that s the bad part of the whole scenario. not whether she stayed with him or not. the fact that she wasn t respectful about the other women. that s a legitimate hit. and said listen this guy was a predator on us. that s a legitimate hit. what clintons is very good at is muddying the water. she s going to come out of this looking like a victim. it s a very good look for her. at the expense of bill. that s a big, that s, that s a big thing. that s a tall order for her to
of the evidence looked at was based on his deposition that mr. cosby provided in the andrea constand lawsuit which was released earlier he this yeae t. so i would make two points about that. one is, i am admitted in pennsylvania in the andrea constand case seeking to have the entire deposition released ba because that was just excerpts. the court has now admitted me. federal court there. i don t know whether the entire deposition will be released to the press. i know he some people have it. and now i ne that mr. cosby s lawyers will be saying and some defense lawyers not representing him, but who have taken to the air waves this morning, have indicated, well, mr. cosby never admitted well, mr. cosby never admitted giving quaaludes to any woman without her