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Old 11-14-2013, 04:45 PM   #1
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Jameis Winston sex assault story writer misses the point

For those who dont know, Jameis Winston, a possible future number one overall NFL draft pick, is under investigation for a sexual assault. The story is laid out here:

Jameis Winston, Florida State trying to decipher the facts in the sexual assault allegation case - College Football News | FOX Sports on MSN

The author does kind of a good job explaining how hard sex crimes are to prove in he said/she said cases, but then misses the point in discussing the discrepancy between the victim describing her attacker as 5' 11" and Winston being 6' 4". Predictably the people who comment on the story get similarly confused.

Having prosecuted many rapes, I can concur he said/she said sexual assaults can be almost impossible to prove. In that sort of case the man admits having sex but claims it was consensual. If alcohol is involved, which it usually is, its very hard to prove guilt beyond a reasonable doubt. It was obvious to most who are familiar with these cases from day one Kobe Bryant could never be convicted because even if you believed the young lady that she was raped, it was too hard to rule out reasonable doubt. Some people will make false accusations of rape for a wide variety of reasons including extortion. Most times I think the victims are telling the truth, but it is very, very hard to know for sure.

So if this is a he said/she said case, that would presume Winston is not claiming he did not have sex with the girl, but rather that is was consensual. Her confusion over his height would be immaterial except maybe to show her recollection of the events was poor, not to show Winston did not have sex with her.

Now we do not know what Winston is claiming. If he has denied having sex with her, that could be a fatal mistake if dna evidence was retrieved. That is the mistake some offenders make and then once dna proves intercourse, they retreat to the consensual defense which is weakened greatly by their first claim that they had no contact with the victim.

That is where the writer above misses the boat. If it is a he said/ she said case as he writes, the differing description she gave as to his height is no real factor. Winston would not be claiming she was mistaken about who had sex with her, he would be claimign it was consensual.

The story itself is confusing because Winston's atty has not issued a clear statement for him. How does it end? Too little info to say.

My guess is that if Winston and the girl were drinking and he admits having sex with her and there is no corroborating evidence of rape other than her word(such as her being beaten or another witness contradicting Winston), the case will not be prosecuted. If on the other hand Winston at some point denied contact with the victim and they have dna evidence, he could have a real problem.

Its an incredible story in that it has taken eleven months to come out. There will be a lot more information coming out on this in the days and weeks to come.

These things never end well for either side. If Winston is not guilty, his name has been tarnished and that bell cannot be unrung. If the young lady was raped by him, she might never be able to prove it. If she is scamming him, he might not ever be able to prove that.
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Old 11-14-2013, 04:57 PM   #2
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Bama is going to make sure that not only do they win another national title, but that their QB wins the Heisman.

When you got money, you got power. And Tuscaloosa is one of the most corrupt places on Earth.
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Old 11-14-2013, 05:01 PM   #3
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I don't know how attorneys who prosecute/defend sex crimes and/or work in Family Courts ever manage to not become horribly cynical and jaded. People behaving at their worst or having been through the worst. I would think it would be difficult at times to hold on to your humanity.
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Old 11-14-2013, 05:03 PM   #4
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Quote:
Originally Posted by st dude View Post
For those who dont know, Jameis Winston, a possible future number one overall NFL draft pick, is under investigation for a sexual assault. The story is laid out here:
Quote:
6. But Florida State says Jameis Winston is 6-foot-4, 218 pounds and the police report says the suspect's 5-9 to 5-11 and 240 pounds.

Easy there, Matlock.

My point, those of you incessantly tweeting about this are giving far too much weight to this bit of information."
I think he's trying to discredit the claims of the height because people were posting about it on twitter, essentially saying the same thing you are saying. I think.
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Old 11-14-2013, 05:07 PM   #5
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Quote:
Originally Posted by SaintSproles View Post
Bama is going to make sure that not only do they win another national title, but that their QB wins the Heisman.

When you got money, you got power. And Tuscaloosa is one of the most corrupt places on Earth.
Wow. You took that to the max level of conspiracy theories. Even the wackos still living in bomb shelters would be proud of what you did there
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Old 11-14-2013, 05:14 PM   #6
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Yeah...and I wonder if this investigation would have been "re-opened" if FSU had some losses right now.

Actually, no I don't wonder. I already know the answer.
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Old 11-14-2013, 05:18 PM   #7
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Color me not surprised. This happens all the time on college campuses, it is currently happening to a young man up in Ohio(Google the Rachel Cassidy story) who accused a man of sexual assault(even when he had the act of consent on tape) and she was enjoying herself on the video. The video got around Ohio State about it, to get out of looking bad, she filed a false claim.

What I'm willing to bet happened, he had sex with some girl and people found out about it. To cover up her tracks, she filed a false claim. Winston should get in touch with a guy named Johnathan Taylor at a voice for male students.

I'm telling ya, this is happening a whole lot lately on college campuses. Dude and chick have sex, chick regrets it because either a video or word gets around school. She files a false claim the next day and the guy gets railroaded.
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Old 11-14-2013, 05:25 PM   #8
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Quote:
Originally Posted by SaintSproles View Post
Bama is going to make sure that not only do they win another national title, but that their QB wins the Heisman.

When you got money, you got power. And Tuscaloosa is one of the most corrupt places on Earth.
Wow, thats absurd.
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Old 11-14-2013, 05:39 PM   #9
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Quote:
Originally Posted by SaintSproles View Post
Bama is going to make sure that not only do they win another national title, but that their QB wins the Heisman.

When you got money, you got power. And Tuscaloosa is one of the most corrupt places on Earth.

The entire B$C$ is corrupt to the very core. You cannot single out one team without looking at the entire thing.


Quote:
Originally Posted by Icon View Post
Yeah...and I wonder if this investigation would have been "re-opened" if FSU had some losses right now.

Actually, no I don't wonder. I already know the answer.
Exactly. This is my thoughts too. Something had to give for the story to break out.
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Old 11-14-2013, 05:53 PM   #10
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Color me not surprised. This happens all the time on college campuses, it is currently happening to a young man up in Ohio(Google the Rachel Cassidy story) who accused a man of sexual assault(even when he had the act of consent on tape) and she was enjoying herself on the video. The video got around Ohio State about it, to get out of looking bad, she filed a false claim.

What I'm willing to bet happened, he had sex with some girl and people found out about it. To cover up her tracks, she filed a false claim. Winston should get in touch with a guy named Johnathan Taylor at a voice for male students.

I'm telling ya, this is happening a whole lot lately on college campuses. Dude and chick have sex, chick regrets it because either a video or word gets around school. She files a false claim the next day and the guy gets railroaded.
I completely agree with the above statement. However, I know there are bad guys out there who will drug women, etc., to get down their panties. Those type of guys make me sick. With that said, I can't tell you how many times I would have been vulnerable to being called a rapist during 100% consensual sex, as a young man, in these same situations. My life would be completely different right now if a single young woman would have flipped the switch on me due to shame or embarassment for performing a completely natural act.

With younger women particularly, in college, and especially while under the financial fingertips of their parents (some overzealous religious fanatics) will have more to be concerned about with discovery of sexual encounters with family and friends. I think one way to battle the false claims of sexual assault, especially as men, is to realize that women enjoy sex too. They should be allowed to and it shouldn't be criticized or considered taboo, especially when us men are just being hypocrites about it. I think then their won't be so much guilt on these young ladies to feel like they need to defend their actions and resort to rape or sexual assault as a defense for a having a good time as a young person does. I'm not saying pre-marital sex is "ideal," but most of our country does it.
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Old 11-14-2013, 06:02 PM   #11
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Saints???
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Old 11-14-2013, 06:39 PM   #12
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Im not seeing any connection to the saints here either
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Old 11-14-2013, 06:40 PM   #13
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Thread Starter
Quote:
Originally Posted by Saint Ced View Post
This needs to move to the college board. It has nothing to do with the Saints, or even NFL football.
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Saints???

It's a saints/nfl board. Winston has been projected to be an overall top draft pick in the NFL and this story could seriously impact that. It's a crossover story that could be on this board, the college board or the CBS evening news for that matter.

The subject matter was clear from the thread title so you both clicked on it just for this? I should have posted it on the get a life board.

That being said what should should do is report it and let a mod decide if it bothers you that much. I don't care if it gets moved. It will scroll off into nowhere soon enough anyway.
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Old 11-14-2013, 06:49 PM   #14
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HATED working rape/sexual assault cases. with no physical evidence its just he said she said, and most juries go for the she. I worked a number of case where we got convictions overturned on appeal though- normally after victim recanted
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