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

BigEasyTider said:

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(2) Lot of detective bashing here (and elsewhere) over the police purportedly telling her she shouldn't pursue charges. I don't know if that's actually the case, or if the cop(s) here did anything wrong in that respect. It is certainly true that alleged sexual assault victims who come forward have a tremendously difficult road to navigate -- going public with your identity is embarrassing; you have your entire sexual life, history, and preferences on display; cross-examination is tough; it's a traumatic event to re-live, etc. -- and obviously that only becomes exponentially worse when you are talking about a high-profile case in a relatively small football town involving the star QB (who, in this instance, is going to win the Heisman and possibly a national championship). Given that, I don't have a problem with a cop telling an alleged victim, "Look, this is going to be incredibly difficult on you and your family, and you need to think long and hard about whether or not you really want to do this." In other words, in my purview, he has an obligation to obtain an informed consent. Now, of course, in the typical case you've probably got something to the opposite happening -- ignoring the consequences, and urging the alleged victim to press charges -- but I don't see how that necessarily indicates any wrongdoing on the part of the cop(s) involved here. I would think that should be basic advice and information given to just about any alleged sexual assault victim who walks through the precinct door, regardless of whether or not it works out that way in practice.

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Rama Jama said:

I had been leaning to the side of his guilt as many on here are, but we still don't know all the facts. We still do not know whether they knew each other prior to this incident. Had they been intimate before? If this happened at her apartment, why are there are other football players present? I do think the alleged victims behavior tends to make me believe she is telling the truth, but until we know all the facts, I'll reserve final judgment.

I think FSU should suspend him now though. They look like they are OK with this kind of behavior if they don't. Lets face it thousands of young females will enroll in FSU this year. If you are a dad, would you let your daughter go FSU knowing that the TPD basically tried to cover up a possible sexual assault? Think about it. It is ironic that FSU used to be an all girls school.

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[SIZE=-1](5) A person who commits sexual battery upon a person 12 years of age or older, without that person’s consent, and in the process thereof does not use physical force and violence likely to cause serious personal injury commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115.

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[SIZE=-1]794.011 Sexual battery.—(1) As used in this chapter
(a) “Consent” means intelligent, knowing, and voluntary consent and does not include coerced submission. “Consent” shall not be deemed or construed to mean the failure by the alleged victim to offer physical resistance to the offender.


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B1GTide said:

With respect the second point, the important part is the tone. Was he "warning" her away to protect the school/player, or was he just trying to make her understand how ugly it could get (his interest solely in her). I agree that it is important that prosecutors understand how committed the victim is to the prosecution of the case before the case gets ugly. But in cases like this, they need to do so in a way that makes her understand that they support her and will do everything in their power to protect her should she choose to proceed.

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NBF_Bama_Cavalry said:

This picture is truly disturbing and blasphemous. If it depicted AJ McCarron, TJ Yeldon, or even Nick Saban it would be just as disturbing.

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crimsonaudio said:

http://espn.go.com/espn/otl/story/_...igates-jameis-winston-possible-sexual-assault

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Florida state attorney William Meggs will study the medical findings in an effort to determine whether the incident was a violent sexual assault or consensual sex. The nature of any injury can be the conclusive factor in a prosecutor's decision. The presence of an abrasion or laceration could indicate a violent assault, and the absence of any such injury could indicate that the sex was consensual. It is highly likely that Meggs' decision whether to charge Winston will be based on the medical records of any injury.

A vaginal injury was the basis of the rape conviction of Mike Tyson in February 1992 for which he served three years in the penitentiary. The absence of any injury was the basis for the exoneration of Mark Chmura in February 2001.

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Special K said:

@BigEasyTider
The height discrepancy is probably moot at this point anyway considering the DNA match. I could see the discrepancy bolstering her accusations in a way, i.e. "She was so distraught she couldn't even tell you how tall he was".

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BigEasyTider said:

I agree with you entirely in this respect, and that largely goes back to my initial point above that we really don't know exactly what the detective said (or, how he said it). As such, though, I find all of the criticism in that regard to be premature and speculative.

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TIDE-HSV said:

I basically agree with #2, BET. I had a daughter who was a victim of statutory rape. She was cautioned in a similar fashion, not only by the arresting officer, but also by the prosecutor, and then, finally, from me. However, in this case, I've had the feeling that what the officer said probably went far beyond that and possibly amounted to trying to talk her out of prosecution. I'm getting that from the girl's reaction and the parents' reaction. We'll never know. Of course, she was in a state of shock at the time and that could certainly color her reaction

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RTR91 said:

I believe the criticism of the investigator comes from the part of the alleged quote about Tallahassee being a big football town. That goes past the warning most rape victims would get. Take away that comment, and there would be little to no criticism of TPD or the investigator IMO.

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BigEasyTider said:

I think where the bulk of the criticism is originating from (and rightly so) is how the police department never informed the state attorney's office, yet nevertheless informed the de facto FSU team lawyer. Can't really argue in support of that, in my eyes. Someone should lose their job over that.

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257WBY said:

Why hasn't FSU suspended Winston? I guess LSU let's these types play also, but Saban wouldn't let him see the field.

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257WBY said:

Why hasn't FSU suspended Winston? I guess LSU let's these types play also, but Saban wouldn't let him see the field.

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BigEasyTider said:

Someone referenced this a couple of pages earlier, and in fairness to Florida State I don't think there is anything they can do right now. At this juncture, all we have are allegations by a single alleged victim, with no charges whatsoever (or even a pending presentation to a grand jury). How can you really suspend in that instance? For all we know, the state attorney may decide ten minutes from now that no charges will be brought.

On the other hand, when charges come down (and it looks like that will happen very soon, if it indeed is going to happen), then you can take action. You only get charges on a felony count if either (1) grand jury returns a true bill indicating there is probable cause to believe the Defendant committed certain crimes, or (2) if a state attorney files an affidavit stating the same. At that point there is certainly an appropriate basis to issue a suspension, but until then it's just a bit premature.

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TIDE-HSV said:

I expect the defense to make hay with her being there in the first place. The old Kobe Bryant defense - "What did she expect?"

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B1GTide said:

JMO, but if FSU chooses to let Winston play just because the SA decides that he cannot win the case and doesn't prosecute, it says a whole lot about the school. I know that we are an "innocent until proven guilty" country, but guilty people go free every day. I want nothing to do with them, or those that condone their behavior.

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Catfish said:

Regarding the actions of the TPD, this is that part that seems to be most damning to me.

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