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

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
I welcome another opportunity to make urban meyer quit yet again.
 
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
My worst sports nightmare. :eek2:
 
Re: Wow! Jameis Winston investigated for sexual assault

I hope for Urban's sake we don't play OSU. The man doesn't need another trip to the ER.
 
Re: Wow! Jameis Winston investigated for sexual assault

I work with Alabama law, but I'm not familiar with a rape investigation goes. Therefore, I'm going to ask this - would the investigation continue if the rape kit found nothing when the victim went to the hospital?
 
Re: Wow! Jameis Winston investigated for sexual assault

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

Then the blood tests will test positive for drugs, as long as it is within 72 hours or so.

I work with Alabama law, but I'm not familiar with a rape investigation goes. Therefore, I'm going to ask this - would the investigation continue if the rape kit found nothing when the victim went to the hospital?

RTR, I have no idea, but I thought these two posts were relevant to your question.
 
Re: Wow! Jameis Winston investigated for sexual assault

I work with Alabama law, but I'm not familiar with a rape investigation goes. Therefore, I'm going to ask this - would the investigation continue if the rape kit found nothing when the victim went to the hospital?

The allegation alone is enough to pursue an investigation. If DNA evidence has been found, it obviously benefits the prosecution if the kid denied ever having sexual contact with her. But I still have to end all of my comments the same way lol... I will be shocked if the whole thing doesn't blow over in a few days. $$$
 
Re: Wow! Jameis Winston investigated for sexual assault

I work with Alabama law, but I'm not familiar with a rape investigation goes. Therefore, I'm going to ask this - would the investigation continue if the rape kit found nothing when the victim went to the hospital?

If there is no fluids, no skin under nails, no bruising or tearing in the private area of a female (I just can't type the "v" word, sorry, lol), no bruising on the hands, arms or legs, I don't see how you could get that through a preliminary hearing, much less a grand jury (me speaking as a defense attorney). Of course, the police could arrest and charge someone of a sexual offense without any of that and I believe they probably do it on a regular basis. Whether or not it will stand without ANY evidence is another story. Obviously, this is not taking into the account that you can "rape" a minor even though it is "consensual." Statutory Rape.

As to the Florida law I posted earlier, I have read the whole chapter and found these two things which are of interest:

[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.

[/SIZE]
According to this, if I am reading it correctly, if you say NO, and there is sex without force, it is still a FELONIOUS SEXUAL BATTERY. 2nd degree but still a felony.

Also, this:
[SIZE=-1]794.027 Duty to report sexual battery; penalties.—A person who observes the commission of the crime of sexual battery and who
(1) Has reasonable grounds to believe that he or she has observed the commission of a sexual battery;
(2) Has the present ability to seek assistance for the victim or victims by immediately reporting such offense to a law enforcement officer;
(3) Fails to seek such assistance;
(4) Would not be exposed to any threat of physical violence for seeking such assistance;
(5) Is not the husband, wife, parent, grandparent, child, grandchild, brother, or sister of the offender or victim, by consanguinity or affinity; and
(6) Is not the victim of such sexual battery
is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

[/SIZE]
If it is determined that there was a Sexual Battery under Florida Law, the two roommates can be on the hook for the above misdemeanor.
 
Re: Jameis Winston investigated for sexual assault - update: DNA match found

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

The kit only be missing photos of defensive marks such as bruises on the hands or skin/blood under the nails. Everything else would be there--fluid with DNA, bruising and tearing of the female private parts (I still can't type the "v" word, sorry, lol). You would have PLENTY to prosecute on if you have the above.
 
Re: Jameis Winston investigated for sexual assault - update: DNA match found

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

The kit only be missing photos of defensive marks such as bruises on the hands or skin/blood under the nails. Everything else would be there--fluid with DNA, bruising and tearing of the female private parts (I still can't type the "v" word, sorry, lol). You would have PLENTY to prosecute on if you have the above.

I took his intent to be that this is specifically what the kit would not show and therefore only prove that she had "sex" and who she had it with. Not if it was consensual or not.
 
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