Embattled funnyman Bill Cosby is seeking a dismissal in his ongoing sexual assault lawsuit.
Former model Chloe Goins filed a federal civil suit at United States District Court in California's Central District against The Cosby Show star last year (15), claiming she was just a teenager when Cosby allegedly forced himself upon her at a Playboy mansion party in 2008.
She claimed she felt dizzy and sick after Cosby gave her a drink and escorted her to a room, where she lost consciousness and awoke naked to find the comedian and actor licking her toes.
The Los Angeles County District Attorney's Office declined to file criminal charges in the case at the end of last year (15), and Goins voluntarily dismissed her federal lawsuit without prejudice in February (16). This allowed Goins and her legal team to re-open the case at a later date. In May (16), Goins re-filed a lawsuit in Los Angeles Superior Court.
Cosby's lawyers have now urged the judge overseeing the case to have it thrown out, accusing the former model of not being clear about her age at the time of the alleged assault in a bid to to extend the statute of limitations in the case.
"In an effort to save her stale claims, Plaintiff appears to rely on the extended limitations periods for childhood sexual abuse," the legal papers read. "However, the Complainant is completely lacking the basic factual predicate necessary to invoke these limitations periods: that the plaintiff was a child, i.e., under 18 years old, when the alleged incident occurred."
"Plaintiff's hazy recollections of when events happened is a tactical ploy to evade her admissions of her age at the time the events had allegedly happened," the filing continues.
More than 50 women have accused Cosby of sexual abuse with some of the alleged assaults dating as far back as 1970. The comedian and his legal representatives have consistently denied all the allegations.
He is also facing felony charges of aggravated indecent assault, amid allegations he drugged and sexually assaulted former Temple University employee Andrea Constand at his home in the state in 2004. Cosby will be arraigned next month (Jul16) on the charges.
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