Woman who accused QB Jameis Winston of 2012 ? files civil lawsuit...
Woman who accused QB Jameis Winston of 2012 ? files civil lawsuit
The woman who accused former Florida State quarterback Jameis Winston of ? her in December 2012 filed a civil lawsuit against him in a Florida state court in Orlando on Thursday.
In the lawsuit filed in Ninth Judicial Circuit Court, Erica Kinsman, the former FSU student who accused Winston of sexually assaulting her in his off-campus apartment, accused Winston of sexual battery, assault, false imprisonment and intentional infliction of emotional distress.
In the lawsuit, Kinsman's attorneys, David King of Orlando and Baine Kerr and John Clune of Boulder, Colorado, demand damages in excess of $15,000 and "the right to seek leave as to her entitlement to punitive damages." Her attorneys also demanded a jury trial.
According to the lawsuit, Winston's "conduct was extreme and outrageous and caused Plaintiff to suffer severe mental anguish and suffering, including, more specifically, loss of sleep, flashbacks, severe anxiety, fear of repeat sexual violence, an unfounded sense of shame and depression, all of which will continue to require psychological and other counseling."
Winston's attorney David Cornwell did not immediately respond when asked for comment.
Winston, the 2013 Heisman Trophy winner who is expected to be among the first players chosen in this month's NFL draft, was never criminally charged in the alleged incident. State attorney Willie Meggs declined to charge Winston after investigating the alleged incident in November 2013, and former Florida Supreme Court Chief Justice Major Harding ruled in December that the evidence was insufficient to find Winston responsible for four violations of the university's student conduct code.
In the civil suit, Kinsman will be required to prove her case by a preponderance of the evidence, meaning a juror must believe her version of events more than Winston's. That burden is lower than what is required in criminal court for a conviction, where the prosecution must prove the case "beyond a reasonable doubt."
According to the transcripts of the FSU disciplinary hearing, Winston and Kinsman provided starkly differing accounts of what occurred in December 2012. Winston says the sex was consensual. Kinsman, after being taken back to campus by Winston that night, went to a hospital where a ? test was performed. Judge Harding said in his judgment that he could not choose one version over the other.
"I do not find the credibility of one story substantially stronger than that of the other," Harding wrote. "Both have their own strengths and weaknesses."
Kinsman's attorneys also filed a federal lawsuit against the university in January. Kinsman alleged that she was subjected to a sexually hostile environment and that FSU's "responses to the harassment were clearly unreasonable." In March, FSU's board of trustees filed a motion to have the lawsuit dismissed.
Lawsuit against Winston refers to second victim
PFT has obtained, through NBC, a copy of the complaint filed Thursday against former Florida State quarterback Jameis Winston. The lawsuit contains a potentially ominous allegation that could, in theory, derail Winston’s bid to become the first overall pick in the draft.
“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.
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