# ESPN is reporting no charges for FSU's Jameis Winston.

**URL:** <https://boards.straightdope.com/t/espn-is-reporting-no-charges-for-fsus-jameis-winston/675596>\
**Category:** The Game Room\
**Created:** [December 5, 2013, 7:14pm UTC](https://boards.straightdope.com/t/espn-is-reporting-no-charges-for-fsus-jameis-winston/675596 "2013-12-05T19:14:56Z")\
**Posts on this page:** 20\
**Page:** 8

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**Author:** ![Thing\_Fish](https://avatars.discourse-cdn.com/v4/letter/t/ecb155/32.png) [@Thing\_Fish](https://boards.straightdope.com/u/Thing_Fish)\
**Post date:** [January 9, 2015, 5:41pm UTC](https://boards.straightdope.com/t/espn-is-reporting-no-charges-for-fsus-jameis-winston/675596/141 "2015-01-09T17:41:40Z")

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> [@dalej42](#):
>
> If Winston can lay low, the negative publicity will wear off. Kinsman will have a hard time winning the civil case and would be less likely to demand extortion.

Well, of course the alleged victim realized she couldn’t win a civil suit against Winston. After all, as Winston said after the Rose Bowl, “Losing isn’t really in my vocabulary”.

Oh, wait…

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**Author:** ![dalej42](https://avatars.discourse-cdn.com/v4/letter/d/67e7ee/32.png) [@dalej42](https://boards.straightdope.com/u/dalej42)\
**Post date:** [January 9, 2015, 9:40pm UTC](https://boards.straightdope.com/t/espn-is-reporting-no-charges-for-fsus-jameis-winston/675596/142 "2015-01-09T21:40:28Z")

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FSU got totally outplayed by Oregon, but Winston didn’t have a bad game overall. 29/45, 348 yards, 1 TD, 1 INT. He does need to keep cool under pressure. The arguing with his coach wasn’t good. An ugly flashback to the shoving the official incident in the BC game.

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**Author:** ![dalej42](https://avatars.discourse-cdn.com/v4/letter/d/67e7ee/32.png) [@dalej42](https://boards.straightdope.com/u/dalej42)\
**Post date:** [January 26, 2015, 3:02pm UTC](https://boards.straightdope.com/t/espn-is-reporting-no-charges-for-fsus-jameis-winston/675596/143 "2015-01-26T15:02:13Z")

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Erica Kinsman has come forward in a ‘documentary’ about sexual abuse on campus. I’ve really got to see this.

> **[Winston's accuser goes public in documentary](https://www.espn.com/college-football/story?id=12228737)**
>
> The woman who accused Florida State quarterback Jameis Winston of sexually assaulting her in December 2012 has spoken publicly for the first time about the case.

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**Author:** ![Snowboarder\_Bo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/snowboarder_bo/32/229_2.png) [@Snowboarder\_Bo](https://boards.straightdope.com/u/Snowboarder_Bo)\
**Post date:** [March 10, 2015, 4:45am UTC](https://boards.straightdope.com/t/espn-is-reporting-no-charges-for-fsus-jameis-winston/675596/144 "2015-03-10T04:45:19Z")

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This was posted by the AP about 13 minutes ago:[

> [@](#):
>
> Florida State University is asking a federal judge to throw out a lawsuit from a woman who says star quarterback Jameis Winston sexually assaulted her.
> 
> The university late Monday filed a response to the lawsuit from a former FSU student who claims the school had knowledge of her alleged sexual harassment and discrimination by the quarterback.
> 
> FSU maintains the university properly handled her case.

]([http://bigstory.ap.org/article/56c033cf364e4abdabf0637c9f521597/fsu-asks-judge-throw-out-lawsuit-winston-accuser](http://bigstory.ap.org/article/56c033cf364e4abdabf0637c9f521597/fsu-asks-judge-throw-out-lawsuit-winston-accuser))

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**Author:** ![dalej42](https://avatars.discourse-cdn.com/v4/letter/d/67e7ee/32.png) [@dalej42](https://boards.straightdope.com/u/dalej42)\
**Post date:** [March 10, 2015, 10:42am UTC](https://boards.straightdope.com/t/espn-is-reporting-no-charges-for-fsus-jameis-winston/675596/145 "2015-03-10T10:42:41Z")

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Good. I’m actually shocked to see FSU fighting Erica’s ridiculous lawsuit rather than just paying her to go away. Universities need to take a strong stand against these frivolous lawsuits or else they’ll be a line out the door of false accusations looking to partake in the money trough.

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**Author:** ![dalej42](https://avatars.discourse-cdn.com/v4/letter/d/67e7ee/32.png) [@dalej42](https://boards.straightdope.com/u/dalej42)\
**Post date:** [March 16, 2015, 3:27pm UTC](https://boards.straightdope.com/t/espn-is-reporting-no-charges-for-fsus-jameis-winston/675596/146 "2015-03-16T15:27:57Z")

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Erica loses again. This case should finally be over. The only recourse left for her is to either file a civil suit or for her to seek judicial review.

> **[Jameis Winston accuser's appeal denied by FSU administrator - NBC Sports...](https://collegefootball.nbcsports.com/2015/03/13/jameis-winston-accusers-appeal-denied-by-fsu-administrator/)**
>
> Aside from civil litigation, it appears that the Jameis Winston “situation” at Florida State has come to an end. Possibly.In a letter obtained by USA Today‘s Rachel Axon, associate vice president Allison Crume reaffirmed a mid-December decision made...

I find it also interesting that Ray McDonald will sue the woman who accused him of rape last year. I’d like to see more of these suits to serve as a deterrent to false allegations and gold digging.

> **[Ray McDonald will sue the woman who accused him of rape - ProFootballTalk](https://profootballtalk.nbcsports.com/2015/03/16/ray-mcdonald-will-sue-the-woman-who-accused-him-of-rape/)**
>
> Ray McDonald was accused of rape in December, and the 49ers cut him immediately after news broke that police were investigating. But McDonald has not been charged, and now he plans to sue his accuser, saying she made a false claim and that it has put...

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**Author:** ![dalej42](https://avatars.discourse-cdn.com/v4/letter/d/67e7ee/32.png) [@dalej42](https://boards.straightdope.com/u/dalej42)\
**Post date:** [April 16, 2015, 9:56pm UTC](https://boards.straightdope.com/t/espn-is-reporting-no-charges-for-fsus-jameis-winston/675596/147 "2015-04-16T21:56:15Z")

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So Erica files her civil suit, conveniently right before the NFL draft.

I was right, she’s a gold digging liar. I can only hope that Winston’s attorney drags her name through the mud and slut shames her until she’s in tears.

Regrettably, Winston will probably pay the extortion to make her go away .

> **[Woman files civil lawsuit accusing Jameis Winston of rape](https://www.tallahassee.com/story/news/2015/04/16/woman-files-civil-lawsuit-accusing-jameis-winston-of-rape/25897461/)**
>
> A lawsuit has been filed against Jameis Winston by Erica Kinsman, a former Florida State student who accused the quarterback of raping her in 2012.

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**Author:** ![Snowboarder\_Bo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/snowboarder_bo/32/229_2.png) [@Snowboarder\_Bo](https://boards.straightdope.com/u/Snowboarder_Bo)\
**Post date:** [April 19, 2015, 12:46am UTC](https://boards.straightdope.com/t/espn-is-reporting-no-charges-for-fsus-jameis-winston/675596/148 "2015-04-19T00:46:30Z")

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[VICE](https://sports.vice.com/en_us/article/the-jameis-winston-rape-lawsuit-has-some-damaging-new-information) has a very good story about the Kinsman civil suit, including [the lawsuit itself (.PDF of course)](http://www.scribd.com/doc/262203280/Kinsman-Winston-Lawsuit).

Key bit IMO is that Kinsman’s legal team seems to have found the cab driver who took them from the bar to Winston’s place; he could testify as to her appearance/coherence is the speculation. My guess is that this person will get torn to shreds on the stand by Winston’s lawyers, tho; you know he’s going to have _very_ good lawyers.

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**Author:** ![dalej42](https://avatars.discourse-cdn.com/v4/letter/d/67e7ee/32.png) [@dalej42](https://boards.straightdope.com/u/dalej42)\
**Post date:** [April 19, 2015, 2:18pm UTC](https://boards.straightdope.com/t/espn-is-reporting-no-charges-for-fsus-jameis-winston/675596/149 "2015-04-19T14:18:46Z")

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I think it would be easy for even an average trial lawyer to destroy the testimony of a cab driver about some drunken passengers from 2.5 years ago. I highly doubt this will actually go to trial as Erica’s multiple versions of her story will surely be used against her.

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**Author:** ![Hamlet](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hamlet/32/2818_2.png) [@Hamlet](https://boards.straightdope.com/u/Hamlet)\
**Post date:** [April 19, 2015, 4:01pm UTC](https://boards.straightdope.com/t/espn-is-reporting-no-charges-for-fsus-jameis-winston/675596/150 "2015-04-19T16:01:40Z")

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> [@dalej42](#):
>
> I think it would be easy for even an average trial lawyer to destroy the testimony of a cab driver about some drunken passengers from 2.5 years ago. I highly doubt this will actually go to trial as Erica’s multiple versions of her story will surely be used against her.

I’m curious. What kind of evidence would convince you that Winston is a bit rapey? Surely if he settles the case, you wouldn’t accept that as evidence, because you’d conclude he’s just paying her off to go away. And if it does go to trial, I can’t imagine the outcome would influence you. So what, absent a confession, would make you think anything other than this woman is a complete and utter liar?

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**Author:** ![dalej42](https://avatars.discourse-cdn.com/v4/letter/d/67e7ee/32.png) [@dalej42](https://boards.straightdope.com/u/dalej42)\
**Post date:** [April 19, 2015, 4:39pm UTC](https://boards.straightdope.com/t/espn-is-reporting-no-charges-for-fsus-jameis-winston/675596/151 "2015-04-19T16:39:46Z")

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There’s nothing that could convince me, outside of a confession, that Winston raped Kinsman. Her story has changed so many times. If I gave her all the benefits of the doubt, I could say that she’s totally screwed up in the head and that her aunt attorney and racist upbringing have caused her to not even know what the truth is .

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**Author:** ![Hamlet](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hamlet/32/2818_2.png) [@Hamlet](https://boards.straightdope.com/u/Hamlet)\
**Post date:** [April 19, 2015, 5:34pm UTC](https://boards.straightdope.com/t/espn-is-reporting-no-charges-for-fsus-jameis-winston/675596/152 "2015-04-19T17:34:21Z")

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> [@dalej42](#):
>
> There’s nothing that could convince me, outside of a confession, that Winston raped Kinsman.

Can you see how that would make someone conclude that you’re not likely to be a good judge on this matter, and that your opinion is easily discounted?

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**Author:** ![dalej42](https://avatars.discourse-cdn.com/v4/letter/d/67e7ee/32.png) [@dalej42](https://boards.straightdope.com/u/dalej42)\
**Post date:** [April 20, 2015, 11:23am UTC](https://boards.straightdope.com/t/espn-is-reporting-no-charges-for-fsus-jameis-winston/675596/153 "2015-04-20T11:23:04Z")

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From the beginning of this story, it looked like ESPN and the New York Times were eager to find a story about some small town police force covering up heinous crimes committed by football players. The early coverage of this story was a complete distortion, leaving out Erica’s multiple versions of what happened. The great 2013 season showed that Winston was very likely a high NFL draft pick. Enter the aunt attorney along with sportswriter Matt Baker of the Tampa Bay Times, an acquaintance of the Kinsman family.

I didn’t just immediately decide that Winston was innocent and that Kinsman was a liar. After learning enough about the case, I came to that conclusion.

I think I’ve been proven right. No criminal charges against Winston, no FSU discipline, no title IX violations. Now the civil suit comes out right before the draft. Even if people think he’s guilty, you have to admit the timing of the suit is quite convenient.

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**Author:** ![Omar\_Little](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/omar_little/32/269_2.png) [@Omar\_Little](https://boards.straightdope.com/u/Omar_Little)\
**Post date:** [April 23, 2015, 3:58pm UTC](https://boards.straightdope.com/t/espn-is-reporting-no-charges-for-fsus-jameis-winston/675596/154 "2015-04-23T15:58:01Z")

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On a side note, Winston changed his story about the crab-leg incident at the Publix grocery store. Instead of shop-lifting the food, as originally told, he now claims that there was a Publix employee that would _hook him and other players up_ with free food on multiple occasions. On that particular instance he was given the crab-legs and someone else saw him walking out with them and notified security.

Pretty smart of Winston to realize that being charged with shop-lifting was less impactful on his future than receiving improper benefits as a player which is an NCAA violation.

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**Author:** ![That\_Don\_Guy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/that_don_guy/32/538_2.png) [@That\_Don\_Guy](https://boards.straightdope.com/u/That_Don_Guy)\
**Post date:** [April 23, 2015, 6:05pm UTC](https://boards.straightdope.com/t/espn-is-reporting-no-charges-for-fsus-jameis-winston/675596/155 "2015-04-23T18:05:53Z")

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> [@Omar\_Little](#):
>
> On a side note, Winston changed his story about the crab-leg incident at the Publix grocery store. Instead of shop-lifting the food, as originally told, he now claims that there was a Publix employee that would _hook him and other players up_ with free food on multiple occasions. On that particular instance he was given the crab-legs and someone else saw him walking out with them and notified security.
> 
> Pretty smart of Winston to realize that being charged with shop-lifting was less impactful on his future than receiving improper benefits as a player which is an NCAA violation.

In which case, the questions become:  
(a) Did the employee have any connection to Florida State;  
(b) How much were the crab legs worth;  
(c) When did this first happen?  
The only real problem I can see for Florida State is if the answers are (a) yes, (b) more than $100 (or if Winston decides not to donate the amount to charity), and (c) before the 2013 season (January 2014) BCS championship game, in which case FSU has to give the trophy back. Nobody would really care about having to give back, say, the 2014 ACC title, and it shouldn’t affect his Heisman either.

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**Author:** ![dalej42](https://avatars.discourse-cdn.com/v4/letter/d/67e7ee/32.png) [@dalej42](https://boards.straightdope.com/u/dalej42)\
**Post date:** [May 7, 2015, 3:41pm UTC](https://boards.straightdope.com/t/espn-is-reporting-no-charges-for-fsus-jameis-winston/675596/156 "2015-05-07T15:41:26Z")

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A small, but potentially helpful move for Winston as Erica’s civil suit is transferred from state court to federal court. It’s also interesting to note that Erica is seeking over $75,000 in damages. Must have been such an awful experience that only a 6 figure plus check will make it all ok. She’s made herself such a distraction that I’m not thinking even an under the table ‘go away’ payment isn’t happening.

> **[Jameis Winston shifts Kinsman lawsuit to federal court - ProFootballTalk](https://profootballtalk.nbcsports.com/2015/05/07/jameis-winston-shifts-kinsman-lawsuit-to-federal-court/)**
>
> In the hour or so before the latest shoe dropped in a quasi-legal investigation involving the reigning NFL champions, PFT obtained a key document in the civil lawsuit involving the man who one week ago became the NFL’s No. 1 overall draft...

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**Author:** ![Snowboarder\_Bo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/snowboarder_bo/32/229_2.png) [@Snowboarder\_Bo](https://boards.straightdope.com/u/Snowboarder_Bo)\
**Post date:** [May 8, 2015, 5:28am UTC](https://boards.straightdope.com/t/espn-is-reporting-no-charges-for-fsus-jameis-winston/675596/157 "2015-05-08T05:28:08Z")

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Are you counting the dollar sign ($) as a “figure”?

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**Author:** ![dalej42](https://avatars.discourse-cdn.com/v4/letter/d/67e7ee/32.png) [@dalej42](https://boards.straightdope.com/u/dalej42)\
**Post date:** [May 8, 2015, 1:06pm UTC](https://boards.straightdope.com/t/espn-is-reporting-no-charges-for-fsus-jameis-winston/675596/158 "2015-05-08T13:06:55Z")

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> [@Snowboarder\_Bo](#):
>
> Are you counting the dollar sign ($) as a “figure”?

Nope, I’m aware that $75,000 is 5 figures. However, Erica’s earlier extortion attempt was for a figure in the millions, so I think it’s safe to say that she’s looking for at least six figures to compensate for her ‘rape’

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**Author:** ![Snowboarder\_Bo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/snowboarder_bo/32/229_2.png) [@Snowboarder\_Bo](https://boards.straightdope.com/u/Snowboarder_Bo)\
**Post date:** [May 9, 2015, 3:40pm UTC](https://boards.straightdope.com/t/espn-is-reporting-no-charges-for-fsus-jameis-winston/675596/159 "2015-05-09T15:40:00Z")

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> [@dalej42](#):
>
> Nope, I’m aware that $75,000 is 5 figures. However, Erica’s earlier extortion attempt was for a figure in the millions, so I think it’s safe to say that she’s looking for at least six figures to compensate for her ‘rape’

I think it’s safe to say that your conclusion is ridiculous, since all the available evidence shows that in fact she is seeking a 5 figure compensation.

At any rate, [Winston has now filed a counterclaim](http://hosted.ap.org/dynamic/stories/F/FBN_WINSTON_LAWSUIT?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT&CTIME=2015-05-09-04-24-09).

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**Author:** ![dalej42](https://avatars.discourse-cdn.com/v4/letter/d/67e7ee/32.png) [@dalej42](https://boards.straightdope.com/u/dalej42)\
**Post date:** [May 13, 2015, 4:23pm UTC](https://boards.straightdope.com/t/espn-is-reporting-no-charges-for-fsus-jameis-winston/675596/160 "2015-05-13T16:23:47Z")

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I’m ecstatic that Winston filed the counter suit. This woman has ruined his life and is going to make endorsement deals very difficult to get. This has dragged on for so long with all of Erica’s losses in court, the counter suit will allow Winston to get his name out of the mud. There’s nothing I’d love better than to see an unemployed college drop out paying money to a millionaire NFL quarterback.

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