Bill Cosby’s attorneys want a judge to dismiss a lawsuit filed by model Chloe Goins, arguing that she is being evasive about how old she was on the night she says Cosby assaulted her — in order to extend the statute of limitations in the case.
The model, who in the past has accused Cosby of being a “serial rapist,” claims that Cosby gave her a drink at the Playboy mansion that made her immediately feel dizzy. When she awoke after losing consciousness, she claims, she was naked with saliva on her chest, and Cosby was biting her toe.
Cosby has denied the allegations, and all of the rape and sexual assault allegations against him, in some cases suing his accusers.
In a motion filed Monday, Cosby’s lawyers asked a judge to toss the case, claiming that Goins’ claims are barred by the statute of limitations.
Goins had previously sued Cosby, but dropped the suit in February. In May, Goins filed another complaint, this time also naming Playboy boss Hugh Hefner as a defendant.
The comedian’s attorneys note that Goins initially claimed that the incident took place in 2008 when she was 18, and her claims would have had statutes of limitations of no more than three years.
In her new lawsuit, Cosby’s lawyers suggest, Goins is attempting to extend the statute of limitations by suggesting that she was “possibly” a minor when the incident occurred.
Monday’s papers insist that Goins hasn’t proven that she was under 18 in the summer of 2008, when she alleges the rape took place.
“In an effort to save her stale claims, Plaintiff appears to rely on the extended limitations periods for childhood sexual abuse,” the 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.”
According to the papers filed Monday, Goins initially claimed that the incident took place at the Playboy mansion’s Midsummer Night’s Dream party on August 9, 2008, but changed the time frame to sometime in the summer of 2008 when Cosby’s lawyers proved he was on the other side of the country on the day of the party.
Cosby’s lawyers added, “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.”
Cosby has been accused of rape or sexual assault by dozens of women, many of whom claim he drugged them beforehand. The comedian has been hit with multiple lawsuits over the allegations, and faces criminal charges in Pennsylvania.
Pamela Chelin contributed to this report.