Jameis Winston sued for sexual assault 2 weeks before draft

[JohnC]

 

That's not correct. She is suing the school separately. He cannot be held liable for the behavior of FSU, so she can't sue him for that. She is suing him for damages of a sexual assault.

 

People either don't know or don't remember that there is a witness to this alleged attack. One of Winston's team mates was there. She says this person heard her say "no". She says this person told Winston, essentially, to stop. This person also then wrote on Facebook about what a bad thing he had just seen. He later removed the post. The event was also videtaped on a phone, which was subsequently erased.

 

All of these people will be subpoenaed and likely deposed. So will the cop who investigated and all of the FSU employees who she reported to as well as the hospital employees and all of her friends who she discussed this with right after the alleged attack.

 

So far Winston has faced no questioning of any kind ever. Not by the cops, not by the DA, not by anyone at FSU. Yet despite not actually saying anything, this redneck ex-judge at the school hearing concluded that his "story" and hers were both as likely to be as true or untrue.

 

To get FSU to their semifinal humiliation beatdown by Oregon, many individuals in postions of authority and presumed high regard had to completely surrender their integrity (assuming they still had some) at multiple points along the past 2 years--from the cops to the gigling DA to the highest level of school administration to the ex judge.

The Civil standard is not as high as the criminal standard. But even in this case it is not going to be easy proving exactly what happened.between the two parties from a consensual standpoint. The reluctant witness is probably going to take the position that he simply isn't sure as to what exactly happened between Winston and the girl.

 

You and I are in accord as to what "probably" happened. That doesn't mean that in this civil case that it is going to be proven that something sinister happened. I am less convinced than you that from a legal standard (acknowledging civil standard is lower than criminial standard) that the outcome is as clear as you think.

 

What usually happens in this type of conflict is that the perpetrator settles with the accusing party prior to the case going to trial. That's how I see it. I also see the school and the police department settling with the claimant before it goes to trial. In my mind the bigger issue is that the authorities failed to fulfill their responsibilities and corrupted the process.

[Hapless Bills Fan]

The Civil standard is not as high as the criminal standard. But even in this case it is not going to be easy proving exactly what happened.between the two parties from a consensual standpoint. The reluctant witness is probably going to take the position that he simply isn't sure as to what exactly happened between Winston and the girl.

 

You and I are in accord as to what "probably" happened. That doesn't mean that in this civil case that it is going to be proven that something sinister happened. I am less convinced than you that from a legal standard (acknowledging civil standard is lower than criminial standard) that the outcome is as clear as you think.

 

What usually happens in this type of conflict is that the perpetrator settles with the accusing party prior to the case going to trial. That's how I see it. I also see the school and the police department settling with the claimant before it goes to trial. In my mind the bigger issue is that the authorities failed to fulfill their responsibilities and corrupted the process.

 

I think (and just a hunch) that even with the lower burden of proof there will not be enough evidence for Winston due to the botched police investigation and that's as it should be. It's not Winston's fault the police and school did not display competence, and if the evidence isn't there, it isn't there and he should walk.

 

I think FSU and the police would be well-advised to settle because if the charge is they violated the accuser's civil rights by failing to conduct a reasonable investigation and make a good faith effort to secure evidence, they are sitting ducks. Their investigation had more holes than a Swiss cheese even without the stuff about telling the girl not to bring charges 'cuz football is big in their town. Especially if the accuser's legal team, as has been reported, found the cab driver which the police totally failed to do.

Edited April 23, 2015 by Hopeful

[YoloinOhio]

@buffalobills: Manuel says he plans to call former @FSU_Football teammate Jameis Winston tonight to talk #NFDraft, give advice.

[The Real Buffalo Joe]

@buffalobills: Manuel says he plans to call former @FSU_Football teammate Jameis Winston tonight to talk #NFDraft, give advice.

Wait till esteemed TBD poster, an die hard Pats fan HoF Watkins reads this. He'll assume Manuel is a rapist too by association. Just like Spikes with Hernandez.

[John from Riverside]

Im not going to fault EJ Manuel for calling a former teamate to help him with the upcoming days

 

but

 

Maybe EJ Manuel is treating it how we all should.....instead of taking one side or the other we should let the justice system run its course.....and if he is guilty then may he receive a medival punishment fitting of the crime.

[YoloinOhio]

Im not going to fault EJ Manuel for calling a former teamate to help him with the upcoming days

 

but

 

Maybe EJ Manuel is treating it how we all should.....instead of taking one side or the other we should let the justice system run its course.....and if he is guilty then may he receive a medival punishment fitting of the crime.

they are friends. Also FSU had approached EJ last fall and asked him to closely mentor Jameis. I don't know if that was before or after the table incident.

[Mr. WEO]

 

I think (and just a hunch) that even with the lower burden of proof there will not be enough evidence for Winston due to the botched police investigation and that's as it should be. It's not Winston's fault the police and school did not display competence, and if the evidence isn't there, it isn't there and he should walk.

 

I think FSU and the police would be well-advised to settle because if the charge is they violated the accuser's civil rights by failing to conduct a reasonable investigation and make a good faith effort to secure evidence, they are sitting ducks. Their investigation had more holes than a Swiss cheese even without the stuff about telling the girl not to bring charges 'cuz football is big in their town. Especially if the accuser's legal team, as has been reported, found the cab driver which the police totally failed to do.

 

Winston's only documented defense (such as is has been so far) is that she gave oral consent by "moaning". He is on the record with this.

 

As for "no evidence", Hernandez just got murder 1 (in Mass., no less!) with no weapon, no witness and not much motive. In this case, there is also circumstantial evidence, post (alleged) attack "witnesses" (her friends) and there is also the significant cover up perpetrated by the police and FSU. This could easily sway the jury in a civil case. Although she should ask for a change in venue---she won't stand a chance in that redneck swamp.

 

they are friends. Also FSU had approached EJ last fall and asked him to closely mentor Jameis. I don't know if that was before or after the table incident.

 

I think the day they were supposed to get together was the day Winston was busy not autographing 2000 items for future sale..

[Very wide right]

Geez,Whats with all this deep thought on this issue? I thought as long as a guy could put up points it didn't matter what the player did in the community. I like the deeper thought around here.

[BELLABEANER]

He can throw a football 70 yards and hit a WR in stride on a thirty yard post pattern with the pocket collapsing around him so theres no way he could be guilty of sexual assault.

[Kelly the Dog]

He can throw a football 70 yards and hit a WR in stride on a thirty yard post pattern with the pocket collapsing around him so theres no way he could be guilty of sexual assault.

I think that is known in football parlance as "escapability."

[ALF]

He will be interesting to watch in the NFL. All those INT s in college, coverage will be a lot tighter now.

[LB3]

He will be interesting to watch in the NFL. All those INT s in college, coverage will be a lot tighter now.

That can happen to good QB'S. Just look at how this hall of fame QB dropped off from his junior to senior year.

 

Jr - 226/380 59.5% 2876 yds 7.6 y/a 37 TD 23 INT

 

Sr - 221/378 58.5% 2432 yds 6.4 y/a 17 TD 23 INT

[The Real Buffalo Joe]

Geez,Whats with all this deep thought on this issue? I thought as long as a guy could put up points it didn't matter what the player did in the community. I like the deeper thought around here.

Drag racing and rape are two different issues.

[YoloinOhio]

@PatrikNohe: BREAKING: Jameis Winston sues Erica Kinsman for defamation, defamation per se and tortious interference w/ prospective business advantage.

[Kelly the Dog]

@PatrikNohe: BREAKING: Jameis Winston sues Erica Kinsman for defamation, defamation per se and tortious interference w/ prospective business advantage.

That's really interesting. I really have no idea what happened. I personally think he did it from all I have read which is a lot. It's possible she is just nuts or after a money grab. What's interesting is if he and his lawyers are doing this for a power play. Now he has a lot of money and they may think they can bury this and her. I can also see, however, a big time attorney taking her case for no money and winning it if she is telling the truth. That would bury Winston. This could get interesting.

[truth on hold]

@PatrikNohe: BREAKING: Jameis Winston sues Erica Kinsman for defamation, defamation per se and tortious interference w/ prospective business advantage.

"Mr. Winston brings this action against Ms. Kinsman out of necessity, not malice or ill will," the court filing said, according to the Tampa Bay Times, which first reported the story. "Nonetheless, Ms. Kinsman's false statements have irreparably harmed his professional and personal life."

 

In the countersuit, Winston alleged that Kinsman's accusations are "false, defamatory ... and have maliciously and impermissibly interfered with Mr. Winston's business and personal relationships." The suit claims Kinsman's accusations subjected Winston to an "almost inconceivable amount of media attention" and led to the loss of significant endorsement deals.

 

"She has mounted a false and vicious media campaign to vilify Mr. Winston with the objective of getting him to pay her to go away. Ms. Kinsman is motivated by the most insidious objectives -- greed," the counterclaim said.

 

http://espn.go.com/nfl/story/_/id/12851043/jameis-winston-tampa-bay-buccaneers-files-countersuit-accuser

[Green Lightning]

Game on. Sounds like they want to outspend her to make her go away.

[K-9]

"Mr. Winston brings this action against Ms. Kinsman out of necessity, not malice or ill will," the court filing said, according to the Tampa Bay Times, which first reported the story. "Nonetheless, Ms. Kinsman's false statements have irreparably harmed his professional and personal life."

 

In the countersuit, Winston alleged that Kinsman's accusations are "false, defamatory ... and have maliciously and impermissibly interfered with Mr. Winston's business and personal relationships." The suit claims Kinsman's accusations subjected Winston to an "almost inconceivable amount of media attention" and led to the loss of significant endorsement deals.

 

"She has mounted a false and vicious media campaign to vilify Mr. Winston with the objective of getting him to pay her to go away. Ms. Kinsman is motivated by the most insidious objectives -- greed," the counterclaim said.

 

http://espn.go.com/nfl/story/_/id/12851043/jameis-winston-tampa-bay-buccaneers-files-countersuit-accuser

Laughable. He was harmed so much by her accusations that he couldn't help be the first overall pick in the draft and secure a fully guaranteed $25m contract.

 

As for the loss of endorsement deals, his additional asinine antics, ON THEIR OWN, would be enough to give advertisers pause at this stage.

 

GO BILLS!!!

[Mr. WEO]

Laughable. He was harmed so much by her accusations that he couldn't help be the first overall pick in the draft and secure a fully guaranteed $25m contract.

 

As for the loss of endorsement deals, his additional asinine antics, ON THEIR OWN, would be enough to give advertisers pause at this stage.

 

GO BILLS!!!

 

 

Good post. In order to win, he has to show damages. Obviously it hasn't harmed his football earning power. How will he prove it has hurt his endorsements?

 

Also, the notoriety of the case was already maxed out prior to her suing him, so the case seems baseless. If he did lose endorsements it's because endorsers think he raped the girl, not because she is suing him.

 

And what is going to be his plan of attack? He's going to get up in fron t of a civil jury and explain away the behavior of the cops, the university, his pals and then tell them how the girl "moaned" her consent?

 

His best move would be to vigourously defend the civil suit against him. Suing this woman, who won't "go away" as the result of his suit, is a bad business decision. Shocking....

[KD in CA]

 

 

Good post. In order to win, he has to show damages. Obviously it hasn't harmed his football earning power. How will he prove it has hurt his endorsements?

 

Also, the notoriety of the case was already maxed out prior to her suing him, so the case seems baseless. If he did lose endorsements it's because endorsers think he raped the girl, not because she is suing him.

 

And what is going to be his plan of attack? He's going to get up in fron t of a civil jury and explain away the behavior of the cops, the university, his pals and then tell them how the girl "moaned" her consent?

 

His best move would be to vigourously defend the civil suit against him. Suing this woman, who won't "go away" as the result of his suit, is a bad business decision. Shocking....

 

I'm not a lawyer, but it seems to me that's exactly what he's doing with the counter-suit. It's an aggressive stance to take in his defense.