Re: Jameis Winston investigated for sexual assault - update: DNA match found
Wouldn't you agree that the known evidence against Winston would have been enough to cuff and charge any other normal citizen? I'd hate it if a vigilant had to do the state's job for them in this case.
it all depends on the physical evidence. if it's nothing more than a she said he said situation, probably not. if there is any physical evidence to corroborate her story, then no doubt. also, i don't know about the law in florida, but in virginia you can introduce evidence that would otherwise be hearsay, such as if the victim told other people about it in close proximity to the alleged incident.
i represented a husband accused of raping his estranged wife and the only evidence the state had was her statement...they never did a physical exam or anything else.
one of the ways you get to trial when a case begins in district court is to have a preliminary hearing. if the court finds probable cause they send it to the grand jury. but even when a general district judge does not find probable cause, the prosecutor can bring the charge by what is called "direct indictment" to a grand jury. the state has a number of ways to bring a person to trial.
in the case i tried, the judge basically looked at the prosecutor and said "what kind of case is this? do you anticipate any other evidence?" and the prosecutor told the judge that was it. the judge dismissed the case and the prosecutor wisely chose not to directly indict.
so, in a long-winded answer...sure, the police could have arrested him on her allegation, but still not charged him. or they could have charged him and let the process run its course.
if all they have is her word, it's not much of a case. it's my understanding that a rape kit was done, so that would normally be the deciding factor; however, if the prosecutor has seen that and still is trying to decide what to do, i would guess that the kit proved inconclusive.
that being said, i still have no idea what this prosecutor is talking about regarding a likelihood of conviction. it sounds like he's making every effort NOT to charge winston.
