Pat Carroll, the attorney for Winston's alleged victim, said police in Tallahassee, Fla., were negligent in their handling of the case and their poor performance paved was at fault for the decision not to prosecute.
"Absolutely you're going to see a civil suit," Carroll said. "You can not have law enforcement that is not held accountable. I want heads to roll."
He said the woman's family is proceeding with civil lawsuits against Winston and the Tallahassee Police Department, and is considering one against Florida State University, for whom Winston is the star quarterback.
The alleged incident took place Dec. 7, 2012 in a Tallahassee apartment. The case took nearly a year to reach prosecutors, and when it did, State Attorney Willie Meggs said there wasn't enough evidence to proceed.
Winston's defense team argued the sex was consensual. But Jenna Weisberg, a friend who called police on behalf of the accuser, says she remembers it differently.
"She remembers the roommate trying to get him to stop," Weisberg said in the video. "He walked in and was like, 'Stop, she doesn't want to.'"
Carroll said the accuser has been unable to return to FSU after authorities strongly hinted she would be attacked if she accused Winston of assault. The implication was that Winston, who led FSU to a BCS national championship Monday and took home the MVP trophy in the process, was too big to touch.
"I inquired if…if she could return to FSU and they told me absolutely not," Carroll said. "They too had the impression she would be in physical danger."