Former Florida State University quarterback Jameis Winston was again accused of raping a female student at his off-campus apartment in 2012 in a civil lawsuit filed by the alleged victim, Thursday, April 16, 2015. The 2013 Heisman Trophy winner (pictured) was cleared by the university in December and prosecutors previously declined to criminally charge him, citing a lack of evidence. Photo: UPI/John Angelillo |
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ORLANDO, Fla., April 16 (UPI) -- A woman who accused former Florida State University quarterback Jameis Winston of rape more than two years ago on Thursday followed up a recent suit against the school with a civil lawsuit against the man widely expected to be taken first in the upcoming NFL Draft.
The suit, filed in Orlando's Ninth Judicial Circuit Court, lists former FSU student Erica Kinsman as the plaintiff. She alleges that Winston sexually assaulted her in his off-campus apartment in December 2012, ESPN reported. In the suit, Kinsman accuses Winston of sexual assault, battery, false imprisonment and infliction of emotional distress.
Kinsman's attorneys are asking for damages of at least $15,000 and for Winston to be tried by a jury. The New York Times on Thursday posted the court documents.
In the lawsuit, Kinsman's attorneys argue that she and Winston met at a Tallahassee bar on Dec. 6, 2012. After drinking a shot of alcohol bought by WInston, the suit alleges, Kinsman was helped into a taxi cab by the quarterback and two others and taken to his apartment.
Upon arrival there, Kinsman claims, Winston stripped her naked and forcibly had intercourse with her -- during which she repeatedly said, "no" and "please stop." But, the complaint says, Winston did not stop. One of Winston's teammates, identified in the suit as Chris Casher, is accused of filming the rape with his cellphone and later saying he'd hoped to join in the assault.
At around that time, the suit alleges, a third man verbally suggested that Winston stop assaulting Kinsman -- only to see Winston pick her up and carry her into a bathroom to complete the rape. Kinsman's lawyers illustrate that the following day, the third man made a post to Facebook that indicated he was upset by something.
After the assault, Winston allegedly gave Kinsman a ride on his scooter to a nearby street, dropped her off and rode away. Kinsman said in the suit that she did not recognize her attacker as Winston until about a month later.
Winston arrived at Florida State University in the fall of 2012 as the top recruit of the Seminoles' football program. After sitting out the first season, Winston went on to become one of college football's top quarterbacks. He won the coveted Heisman Trophy and helped the Seminoles win the BCS National Championship in the 2013-14 season. Following his sophomore season in January, he declared for the April 30 NFL Draft.
Winston, who was reportedly not questioned by police until about two weeks after the alleged incident, is widely expected to be the first player selected in the draft.
In a report Thursday by the New York Times, Kinsman attorney John Clune said his client isn't attempting to cash in on Winston's future earnings. Rather, he said, Kinsman merely wants him to be held accountable.
"If [Winston] had been found responsible and expelled, the need to do something like a civil lawsuit would have gone way down," Clune said. "This is not about trying to get the most money out of Jameis Winston."
In January, Kinsman sued Florida State University -- claiming the school violated her right to a welcoming educational environment. FSU's president called the suit "meritless" and its board of trustees in March moved to have the suit thrown out. A previous school investigation had cleared Winston of violating the student honor code.
Citing a lack of evidence, Tallahassee prosecutors ultimately declined to criminally charge Winston in the case.
Winston's account of the night in question, which was given during a code of conduct hearing in December, was ultimately released to the media and posted on the Internet -- a fact which outraged McClune, an advocate of Title IX, which seeks to ensure confidentiality and protect students' privacy.
ESPN reported that neither Winston or his attorney responded to the lawsuit Thursday. However, the quarterback has previously denied any wrongdoing and said the sex between himself and Kinsman was consensual.
"Erica hopes to show other survivors the strength and empowerment that can come from refusing to stay silent no matter what forces are against you," Clune said. "Jameis Winston in contrast has proven time and time again to be an entitled athlete who believes he can take what he wants.
"He took something here that he was not entitled to and he hurt someone. There are consequences for that behavior and since others have refused to hold him accountable, our client will."
