Jameis Winston investigated for sexual assault - and...no charges to be filed...

Re: Wow! Jameis Winston investigated for sexual assault

Question for the legal minds on here. OK, it's school policy to suspend a student if brought up under "felony" charges. Is the same true for a "misdemeanor" offense? (I'm guessing not). So, in this case, what are the chances that he is charged with some type of misdemeanor, vs. a felony charge? And no, no way am I saying that should happen.....just asking.

Re: Wow! Jameis Winston investigated for sexual assault

Rama Jama said:

Imagine the signs Winston we will see on ESPN Gameday and at games if he is allowed to continue this season.

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The ESPN people will make everyone keep it PG or they won't allow it on camera. They already ban all religious slogans/signs.

Re: Wow! Jameis Winston investigated for sexual assault

I believe it is a Florida law that a player at a state school is immediately suspended when charged with a felony. Hard to believe a rape charge would not be a felony.

Re: Wow! Jameis Winston investigated for sexual assault

TidefaninOS said:

Question for the legal minds on here. OK, it's school policy to suspend a student if brought up under "felony" charges. Is the same true for a "misdemeanor" offense? (I'm guessing not). So, in this case, what are the chances that he is charged with some type of misdemeanor, vs. a felony charge? And no, no way am I saying that should happen.....just asking.

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I can't speak to Florida law, but in Alabama, there are several different sexual offenses and most are either 1st or 2nd degree and are felonies. Sexual Assault 2nd and Sexual Misconduct are the only ones that are a Class A misdemeanors.

If you would like to look at them in detail, here is the link as it is not as simple as a RAPE charge:

http://alisondb.legislature.state.al.us/acas/codeofalabama/1975/coatoc.htm

Re: Jameis Winston investigated for sexual assault - update: DNA match found

If Winston is done and the backup is out with a knee, would you vote FSU at #2?

Re: Wow! Jameis Winston investigated for sexual assault

bamabelle1991 said:

I can't speak to Florida law, but in Alabama, there are several different sexual offenses and most are either 1st or 2nd degree and are felonies. Sexual Assault 2nd and Sexual Misconduct are the only ones that are a Class A misdemeanors.

If you would like to look at them in detail, here is the link as it is not as simple as a RAPE charge:

http://alisondb.legislature.state.al.us/acas/codeofalabama/1975/coatoc.htm

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Is it still the case in Alabama where if a guy slips a girl a "date-rape" drug in order to have sex with her it is a felony rape charge but if a girl slips a guy the same drug in order to have sex with him it is just a misdemeanor sexual misconduct charge?

Re: Jameis Winston investigated for sexual assault - update: DNA match found

Here is Florida's criminal code re: Sexual Battery:

http://www.leg.state.fl.us/STATUTES...ml&StatuteYear=2013&Title=->2013->Chapter 794

Re: Jameis Winston investigated for sexual assault - update: DNA match found

257WBY said:

If Winston is done and the backup is out with a knee, would you vote FSU at #2?

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Yes - the team has earned it at least until they play their next game and show what they are capable of without Winston.

Re: Wow! Jameis Winston investigated for sexual assault

Bamabuzzard said:

Which is probably the smartest thing to do.

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Yep, agreed.

Re: Jameis Winston investigated for sexual assault - update: DNA match found

A follow-up story on "Next Steps" on ESPN: http://espn.go.com/espn/otl/story/_...igates-jameis-winston-possible-sexual-assault

An excerpt:

The other factors that Meggs will consider as he makes his decision will be the length of time Winston and the accuser were together; the brutality, if any, of the sex act; and the testimony of anyone who saw the accuser immediately after the incident. The post-incident witnesses, known as outcry witnesses, can be critical. If the accuser was in a state of shock after the incident, it will push Meggs toward a decision to prosecute.

There may be dramatic statements from people involved in the incident or on the fringes of the investigation, but the rape kit, interviews by the state attorney and outcry witnesses are the factors that will determine whether Winston is charged.

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Re: Jameis Winston investigated for sexual assault - update: DNA match found

jps1983 said:

I'm not saying I believe it. I'm just saying what a defense attorney would argue. Or the more basic argument is ... what proof is there that these bruises were from my client and not person A or activity B or whatever. With how shoddy the police work done was, I'd bet they didn't take many, if any, pictures of physical injuries.

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All of the evidence that would be used for court would come from the doctors/nurses/hospital that did the rape kit test. This is a very invasive test also, with close up pics of all privates. Swab tests, hair samples, skin samples from her lower region and fingernails, etc were also collected. If this test was done within the timeframe it was mentioned she had it in, the defense has a uphill battle if the test comes back in a positive manner of rape from an experienced Dr. who has a positive history doing these tests. Most rape victims won't even go thru with all of this, they say it is worse than the actual crime. Plus all this is protected by Hipaa right now, so the defense attorney just has to believe JW and some other teenagers on what happened and their perception of "Consensual Sex"

Re: Wow! Jameis Winston investigated for sexual assault

BamainBoston said:

I mean, let's be clear. If he's charged, he's done. He's not going to play football while he is facing a rape charge. Not going to happen. Even Auburn wouldn't do that.

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Under Malzahn probably not, but I tend to take a wait-and-see approach on anything involving the boogs.

Re: Jameis Winston investigated for sexual assault - update: DNA match found

chalkpit said:

All of the evidence that would be used for court would come from the doctors/nurses/hospital that did the rape kit test. This is a very invasive test also, with close up pics of all privates. Swab tests, hair samples, skin samples from her lower region and fingernails, etc were also collected. If this test was done within the timeframe it was mentioned she had it in, the defense has a uphill battle if the test comes back in a positive manner of rape from an experienced Dr. who has a positive history doing these tests. Most rape victims won't even go thru with all of this, they say it is worse than the actual crime. Plus all this is protected by Hipaa right now, so the defense attorney just has to believe JW and some other teenagers on what happened and their perception of "Consensual Sex"

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If the girl was unconscious, the kit may not show much.

Re: Wow! Jameis Winston investigated for sexual assault

Special K said:

Under Malzahn probably not, but I tend to take a wait-and-see approach on anything involving the boogs.

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I agree with you. That bunch might have played osama on 9-12 if they thought it would help them win one. LOL

Re: Wow! Jameis Winston investigated for sexual assault

Not trying to get ahead of ourselves.... but didn't I read last week about that OSU receiver stating that OSU would "wipe the floor with Alabama"...and we had several people WISHING that we would play OSU....most thought with FSU's sched there would be no way.....stars may be aligning...just something to think about

-CLINT

Re: Jameis Winston investigated for sexual assault - update: DNA match found

B1GTide said:

A follow-up story on "Next Steps" on ESPN: http://espn.go.com/espn/otl/story/_...igates-jameis-winston-possible-sexual-assault

An excerpt:

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I think this is what will determine whether there is an indictment or not. The physical evidence from the rape kit, the state of the victim while at the hospital from testimony given by those who attended to her at the time she was there and whether she is willing to go through with the trial. There is no doubt in my mind she was raped, from the fact at first she could not identify the attacker till later not to mention her off based description of him. Sounds to me exactly like someone that was in a state of shock. So I really think the evidence is solid but its totally in her hands now.