The Cosby Show star faces an aggravated indecent assault charge for what former Temple University employee Andrea Constand claims he did to her at his Pennsylvania home.

His legal team requested a dismissal of a trial, arguing the 78-year-old reportedly had an agreement in place with a previous district attorney, who promised to not press charges over his deposition regarding the alleged encounter with Constand.

The defence team insisted the prosecutor filed the new sexual assault charge against Cosby partly because of the leaked statements he made in a 2006 deposition, in which he confessed to obtaining sedatives to give to women he wanted to have sex with.

On Monday (25Apr16), a judge denied the dismissal request and on Tuesday, a 24 May (16) date was set for a preliminary hearing in the case.

Cosby has been accused of rape, drugging and performing inappropriate sex acts by over 50 women in the past 18 months. The comic maintains he is innocent.

Almost all of the decades-old incidents cannot be brought to trial because the accusers waited too long to file complaints against Cosby.