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2nd Woman Accuses Jameis Winston of Rape as Erica Kinsman Files lawsuit Against Possible Top NFL Draft Pick

April 17, 2015  |  Posted by: JammedUp Staff
2nd Woman Accuses Jameis Winston of Rape as Erica Kinsman Files lawsuit Against Possible Top NFL Draft Pick

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A copy of a complaint filed Thursday against former Florida State quarterback Jameis Winston has been obtained by NBC Sports. The suit could contains a damaging allegation that could possibly derail Winston’s bid to become the first overall pick in the draft.

From NBC Sports: “On October 25, 2013, Plaintiff’s victim advocate at FSU informed her that a second woman had come forward and reported being sexually assaulted by Winston,” the complaint alleges at paragraph 13.

The Buccaneers will likely investigate the claim if they are indeed going to select Winston, ig they haven’t already, the Buccaneers has not made it publicly known whether they or any other NFL team are aware this second damaging allegation.

The allegation could see Winston’s draft stock fall so soon before the NFL Draft. Former student Erica Kinsman filed the suit against Winston, claiming he raped her in 2012 at an off-campus apartment.

Kinsman seeks damages from the former Heisman Trophy winning quarterback. The suit is filed just two weeks before the April 30 NFL draft. Winston could go number one in this year’s draft.

He has long denied the allegations and was not charged nor convicted of any crime in connection with the allegations. Prosecutors refused to bring forth charges against Winston and a school investigation cleared him of any wrong-doing.

However, John Clune, Kinsman’s attorney, says Winston must be held accountable for his actions and behavior, and with this lawsuit, “our client will.”

“Erica wants to show other rape survivors the strength and empowerment that comes with refusing to stay silent no matter what forces are aligned against you,’ Clune said in a statement.

He added: “Compared to Jameis Winston, who has proven time and time again, he is another entitled athlete who believes he can take or do what he wants, without consequences. He has taken something he was not entitled to, and he hurt someone.”

Kinsman went public with her sexual assault story in a documentary called “The Hunting Ground,” which is about college campus rapes. Kinsman emotionally details her account of the events of December 6, 2012, one week before finals were to take place.

Kinsman was out at a favorite bar in Tallahassee. She claims in the film a creepy man kept following her around the bar. The man backed off when another man put his arm around her and told him she was his girlfriend.

The alleged victim says the man gave her a shot, once she drank it; she started to become very light headed. She barely remembers taking a cab taxi to an apartment. As he came to, the man was on top of her having intercourse. She claimed she begged and pleaded for him to stop, and remembers the man’s roommate entering the bedroom, who told him to “Stop… What are you doing?”

He ignored the pleas from Kinsman and his roommate. Instead, he took her in the bathroom locked the door and continued raping her.
When he finished, he allegedly said to Kinsman, “you can go now.”

She says she still felt light-headed, she let him drop her off on his scooter at an intersection she had recognized because she didn’t want to reveal where she lived to the man.

Kinsman reported the rape incident the next morning but could not identify the man responsible. She went to Tallahassee Memorial Healthcare where doctors administered a rape kit and discovered semen on her body.

The following next month during the first day of the second semester, she recognized Jameis Winston as the perpetrator who raped her during a roll call by a professor. She went back to police to report that she had identified Winston, as the man who had raped her. Up until that point, they cops had few leads.

The lawsuit accuses Winston of sexual assault, false imprisonment, and causing emotional distress. Kinsman chances of winning in a civil suit are much higher than in a criminal suit because the burden of proof to the jury is much higher during criminal proceedings.

Former federal prosecutor and Miami-based attorney David S. Weinstein explained, “In a civil suit, the evidence has to tip the scales merely in favor of the plaintiff to win a case. In a criminal case, the prosecution must prove to a jury that a defendant is guilty beyond a reasonable doubt.”

Based on the details of the allegations and multiple witness statements in the lawsuit, Weinstein says Kinsman’s has a decent chance of winning, but it will not be easy.

“The defense will go after her and will attempt muddy her character so this process will be unpleasant for her,’ he said.

Weinstein added, “However, Winston at this point probably has more to lose, so I don’t foresee a trial, rather a probable settlement.”

Jameis Winston’s attorney called the lawsuit a “stunt, that was expected.”
Mr. Winston looks forward to the NFL Draft, he will not permit this ploy from distracting him from his dream of being a championship quarterback in the NFL.

Kinsman has brought forward an additional lawsuit against the Trustees of Florida State University. The suit asserts that the school’s officials were aware of her alleged rape incident allegedly committed by the star quarterback, and accuses the school of creating a hostile educational environment for her.

Kinsman is seeking an unspecified amount of damages, which include reimbursement for her tuition, emotional damages, pain and suffering and loss of past and present funds earned because of the incident.

Lawyers for the school’s board of trustees argue the judge should throw out the lawsuit because it fails to prove that FSU was responsible for her harassment and claim the school offered Kinsman assistance.

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