Bill Cosby has been charged with sexual assault.

Cosby is accused of drugging and sexually assaulting Andrea Constand at his mansion in Elkins Park, Pennsylvania in January 2004 while she was an employee at Temple University.

The 78-year-old comedian previously said under oath that he had consensual sexual contact with Constand.  

Montgomery County First Assistant District Attorney Kevin Steele announced the charge against Cosby at a press conference Wednesday morning, saying; 'The evidence is strong and sufficient to proceed at this point.' 

He then added; 'A person in that state cannot give consent.' 

Cosby will be arraigned at 4pm Wednesday afternoon in Elkins Parks, Pennsylvania on a felony charge of aggravated indecent assault.  

The statute of limitations in the case was set to run out in January.

Steele said at the press conference on Wednesday that Cosby made two failed sexual advances towards Constand before the incident now in question.

On that night, Constand went to Cosby's home and was given pills by the actor when she complained of a headache, which she took with wine. 

She claims she was then unable to move, and that is when the assault occurred. Cosby claims he only gave her Benadryl. 

Constand, the former director of operations for Temple's women's basketball team, launched her legal suit against Cosby, a man she called her 'mentor', in March 2005.

Now 42, she said she first met Cosby, a Temple alum, in November 2002 and the pair became friends and she was a frequent guest at dinner parties at his home. 

Authorities in Montgomery County, Pennsylvania, followed up with an investigation, but in February 2005, they declined to press criminal charges due to a lack of evidence.

Cosby settled that sexual abuse lawsuit for undisclosed terms in 2006.

After the lawsuit became public earlier this year, Constand tweeted out 'YES!' followed soon after by 'SIR!'

Cosby meanwhile released his own statement. 

'The only reason Mr Cosby settled was because it would have been embarrassing in those days to put all those women on the stand and his family had no clue,' his camp said in a statement.

'That would have been very hurtful.' 

More than 50 women have come forward in the past year claiming they were drugged and sexually assaulted by Cosby, but this is the first criminal charges against the actor. 

Steele urged those women, and others, to come forward with their stories or any information they may have during Wednesday's press conference. 

Courtesy Daily Mail