Former Florida State University student Erica Kinsman filed a lawsuit against NFL quarterback prospect Jameis Winston for sexual battery and assault on April 16.
Jameis Winston has been sued for sexual battery and assault.
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According to The Tampa Bay Times' Matt Baker, Erica Kinsman, the former Florida State University student who accused Winston of sexual assault in Dec. 2012, filed a civil suit in Orange County, Fla. on April 16.
In Kinsman's lawsuit, she accused the former Florida State Seminoles quarterback and 2013 Heisman Trophy winner of "sexual battery, assault, false imprisonment and intentionally inflicting 'emotional distress'" during their sexual encounter a little over two years ago, per Baker.
The civil suit states Winston and two of his FSU teammates took Kinsman, who "appeared to be impaired," to his apartment in Dec. 2012. She identifies then-redshirt freshman defensive end Chris Casher as one of Winston's companions who wanted to participate in the sexual act, per Baker.
Kinsman alleges Winston raped her in the bathroom and then did so again in the bedroom, Baker adds.
Because of what happened, The Tampa Bay Times update says Kinsman "suffered loss of sleep, flashbacks, severe anxiety and depression, which hurt her education education and her 'enjoyment of life.'"
Baker adds more details of what happened in the aftermath of the incident:
"In January, Kinsman filed a federal lawsuit alleging that FSU failed to follow the gender-equality law Title IX in its allegations and investigations of the case. That suit -- also filed in Orange County -- is scheduled for trial in August 2016.
"The U.S. Department of Education's Office for Civil Rights is also investigating FSU's handling of the case. Kinsman left FSU after the allegation became public in November 2013."
For his part, Winston says the encounter was consensual, per ESPN's Mark Schlabach.
The Tampa Bay Times update states Kinsman is "seeking damages in excess of $15,000 and a jury trial" saying Winston's behavior "went beyond all possible bounds of decency and was shocking, atrocious and utterly intolerable in a civilized society."
Baker obtained a statement from Kinsman's lawyer, John Clune:
"Jameis Winston...has proven time and time again to be an entitled athlete who believes he can take what he wants. He took something here that he was not entitled to and he hurt someone. There are consequences for that behavior and since others have refused to hold him accountable, our client will.
"With the support of her family, (Kinsman) is prepared for this fight and for the counterclaims and the smear campaigns that will surely follow."
On the other hand, Winston's attorney, David Cornwell, did not respond when Baker reached out for comment. However, he did threaten to file a countersuit should Kinsman file litigation.
The lawsuit comes just two weeks before the 2015 NFL draft, where the Tampa Bay Buccaneers are expected to select Winston with the first overall pick. Baker says the lawsuit should not affect that decision.
Schlabach reported on Thursday that Winston "was never criminally charged in the incident." State attorney Willie Meggs did not press charges against Winston in Nov. 2013 while former Florida Supreme Court Chief Justice Major Harding ruled insufficiency of evidence in Dec. 2014.
"I do not find the credibility of one story substantially stronger than that of the other," Harding wrote in a statement obtained by Schlabach. "Both have their own strengths and weaknesses."
Schlabach also stresses Kinsman must prove her version of the incident through preponderance of the evidence. This means a juror must believe her account more than Winston's. The ESPN report says "the burden of proof is lower than what is required in criminal court for a conviction."
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