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Old 12-14-2013, 06:41 PM   #21
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Default Re: Full Jameis Winston police report

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Originally Posted by DJCatfish View Post
You are confusing criminal prosecution with a civil lawsuit. For example, if I steal your car and drive it off a cliff, the State can prosecute me for grand theft auto. But you also have a private cause of action to sue me for the value of the car I stole from you and destroyed -- which makes sense. This is exactly what happened to O.J. Simpson. He was tried and acquitted in the criminal case, but sued by the families and lost. Keep in mind the burden of proof is generally lower in a civil case (preponderance of the evidence, basically a verbose way of saying more likely than not) as opposed to a criminal case (beyond a reasonable doubt).

The State of Florida has declined to formally prosecute Winston as a criminal.

However, if she wants, she can file a civil lawsuit against him until the statute of limitations runs out. If she waits and sues him after he has an NFL salary, there will be a LOT of pressure on him to settle because he'll want to avoid the public trial, which could include introducing evidence previously undisclosed to the public. Plus his roommate would almost certainly get subpoenaed and might have some very interesting things to say on the stand.
This is what I was alluding to in my post. There is plenty of evidence here to put Winston at risk financially. Plus, he will have an incentive to settle privately so he'll be able to pick up huge endorsement money. Anyone thinking otherwise is just naive.
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Old 12-14-2013, 07:03 PM   #22
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Default Re: Full Jameis Winston police report

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Originally Posted by DJCatfish View Post
You are confusing criminal prosecution with a civil lawsuit. For example, if I steal your car and drive it off a cliff, the State can prosecute me for grand theft auto. But you also have a private cause of action to sue me for the value of the car I stole from you and destroyed -- which makes sense. This is exactly what happened to O.J. Simpson. He was tried and acquitted in the criminal case, but sued by the families and lost. Keep in mind the burden of proof is generally lower in a civil case (preponderance of the evidence, basically a verbose way of saying more likely than not) as opposed to a criminal case (beyond a reasonable doubt).

The State of Florida has declined to formally prosecute Winston as a criminal.

However, if she wants, she can file a civil lawsuit against him until the statute of limitations runs out. If she waits and sues him after he has an NFL salary, there will be a LOT of pressure on him to settle because he'll want to avoid the public trial, which could include introducing evidence previously undisclosed to the public. Plus his roommate would almost certainly get subpoenaed and might have some very interesting things to say on the stand.
I do understand that she can later file a civil lawsuit. I also understand that the burden of proof is generally lower, but this situation is unprecedented.

Normally the accused will go directly from the accusation to the civil suit. Waiting for Jameis to hit a payday will only cast doubt on the accusers intent. Also, I see no reason for his roommate to change anything he said previously.

As for the OJ case there was much more evidence and it was actually investigated properly. This is just a he said she said case with the evidence leaning in the favor of consensual sex towards the defendant, or at least that's what Meggs found.
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Old 12-14-2013, 07:12 PM   #23
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Default Re: Full Jameis Winston police report

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All I have to say is Brian Banks...

http://articles.chicagotribune.com/1...asonable-doubt

Also that meme is awesome your being ridiculous.
Is a twenty-two year old article the best you have?

If I were a star athlete, I would think twice before hooking up with random girls in bars. It's a great way to be accused of rape. Maybe if the guys actually knew the girls they slept with, they wouldn't have these problems.

And, not all of the athletes are innocent: http://www.ranker.com/list/famous-athletes-convicted-of-sexual-assault
/sportsyeah?format=SLIDESHOW&page=13

http://en.wikipedia.org/wiki/List_of...cted_of_crimes

http://usatoday30.usatoday.com/sport...-assault_x.htm

USA TODAY research of 168 sexual assault allegations against athletes in the past dozen years suggests sports figures fare better at trial than defendants from the general population.


Of those 168 allegations, involving 164 athletes, only 22 saw their cases go to trial, and only six cases resulted in convictions. In another 46 cases, a plea agreement was reached. Combined with the six athletes convicted at trial and one who pleaded guilty as charged, that gives the athletes a 32% total conviction rate in the resolved cases. That means more than two-thirds were never charged, saw the charges dropped or were acquitted. (Related item: Cases involving athletes and sexual assault)


"I would say almost the exact opposite would be true in the normal course of business," says Nancy O'Malley, who chairs the sexual assault committee of the California District Attorneys Association and who is Alameda County's chief assistant district attorney.


"In some areas, the conviction rate is 80-85%" at trial, O'Malley says. In Alameda County, which includes Oakland and Berkeley, "we probably have a 90% conviction rate of those that go to trial."


National statistics also suggest most ordinary defendants charged with sexual assault are punished. In May 1998 the U.S. Department of Justice tracked rape charges in the nation's 75 largest counties and found 52% of the defendants in 586 cases were convicted of rape and 14% were convicted of some other crime, either at trial or through pleas.


"It's not surprising that it's a relatively low conviction rate" for prominent athletes, says Linda Fairstein, former head of the sex crimes unit in the Manhattan district attorney's office in New York and a board member of the National Center for Victims of Crime.
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Old 12-14-2013, 07:21 PM   #24
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Default Re: Full Jameis Winston police report

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I do understand that she can later file a civil lawsuit. I also understand that the burden of proof is generally lower, but this situation is unprecedented.

Normally the accused will go directly from the accusation to the civil suit. Waiting for Jameis to hit a payday will only cast doubt on the accusers intent. Also, I see no reason for his roommate to change anything he said previously.

As for the OJ case there was much more evidence and it was actually investigated properly. This is just a he said she said case with the evidence leaning in the favor of consensual sex towards the defendant, or at least that's what Meggs found.
There's no doubt about what you said. I'm not arguing that point. However, does Winston really want to put his reputation and big time endorsement money on the line and go to court...no way he takes the chance. He writes the check and puts this behind him....so would I and so would anyone.....at this point, his guilt or what actually happened isn't relevant. Winston has a chance to play 15 years in the NFL making between 10-15 million per year average.....he writes her a check for a few million and he's done.
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Old 12-14-2013, 07:25 PM   #25
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Default Re: Full Jameis Winston police report

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I do understand that she can later file a civil lawsuit. I also understand that the burden of proof is generally lower, but (1) this situation is unprecedented.

(2) Normally the accused will go directly from the accusation to the civil suit. Waiting for Jameis to hit a payday will only cast doubt on the accusers intent. (3) Also, I see no reason for his roommate to change anything he said previously.

As for the OJ case there was much more evidence and it was actually investigated properly. (4) This is just a he said she said case with the evidence leaning in the favor of consensual sex towards the defendant, or at least that's what Meggs found.
1) What makes you say this situation is unprecedented? You think this it the first time someone has waited to file a lawsuit until the defendant has sufficient assets to pay?

2) Again, what are you basing this on? Do you have any legal experience or is this just speculation?

3) No one said his roommate would change his story. However, as B381l pointed out, you really think Winston -- who stands to make a lot on endorsement deals -- wants his former roommate on the stand describing how he and Winston used to troll for girls to take home and double team? And think about the follow-up questions in what would obviously be a wildly publicized trial. C'mon man -- use your noggin!

4) That is absolutely not what the Florida AG decided. Meggs decided the State couldn't win a criminal conviction. He said absolutely nothing about the evidence leaning toward consensual sex: "We have a duty as prosecutors to determine if each case has a reasonable likelihood of conviction," Meggs said. "After reviewing the facts in this case, we do not feel that we can reach those burdens."http://espn.go.com/college-football/story/_/id/10082441/jameis-winston-not-charged-sexual-assault-investigation


In short, you're talking nonsense.
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Old 12-14-2013, 07:59 PM   #26
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Default Re: Full Jameis Winston police report

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Is a twenty-two year old article the best you have?

If I were a star athlete, I would think twice before hooking up with random girls in bars. It's a great way to be accused of rape. Maybe if the guys actually knew the girls they slept with, they wouldn't have these problems.

And, not all of the athletes are innocent: http://www.ranker.com/list/famous-athletes-convicted-of-sexual-assault
/sportsyeah?format=SLIDESHOW&page=13

http://en.wikipedia.org/wiki/List_of...cted_of_crimes

http://usatoday30.usatoday.com/sport...-assault_x.htm

USA TODAY research of 168 sexual assault allegations against athletes in the past dozen years suggests sports figures fare better at trial than defendants from the general population.


Of those 168 allegations, involving 164 athletes, only 22 saw their cases go to trial, and only six cases resulted in convictions. In another 46 cases, a plea agreement was reached. Combined with the six athletes convicted at trial and one who pleaded guilty as charged, that gives the athletes a 32% total conviction rate in the resolved cases. That means more than two-thirds were never charged, saw the charges dropped or were acquitted. (Related item: Cases involving athletes and sexual assault)


"I would say almost the exact opposite would be true in the normal course of business," says Nancy O'Malley, who chairs the sexual assault committee of the California District Attorneys Association and who is Alameda County's chief assistant district attorney.


"In some areas, the conviction rate is 80-85%" at trial, O'Malley says. In Alameda County, which includes Oakland and Berkeley, "we probably have a 90% conviction rate of those that go to trial."


National statistics also suggest most ordinary defendants charged with sexual assault are punished. In May 1998 the U.S. Department of Justice tracked rape charges in the nation's 75 largest counties and found 52% of the defendants in 586 cases were convicted of rape and 14% were convicted of some other crime, either at trial or through pleas.


"It's not surprising that it's a relatively low conviction rate" for prominent athletes, says Linda Fairstein, former head of the sex crimes unit in the Manhattan district attorney's office in New York and a board member of the National Center for Victims of Crime.
This is spot on. If I'm coaching a big time college program, I'm telling these kids to be careful and don't put yourself or your school in a situation that could end up causing you to go to jail. It's really all about personal responsibility and maturity.
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Old 12-14-2013, 08:16 PM   #27
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Default Re: Full Jameis Winston police report

You can talk about personal responsibility all you want, but these are 18-22 yr old guys with an endless supply of the best looking ass that they are ever going to tap.


It's college and they got the golden ticket.
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Old 12-14-2013, 08:36 PM   #28
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Default Re: Full Jameis Winston police report

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You can talk about personal responsibility all you want, but these are 18-22 yr old guys with an endless supply of the best looking ass that they are ever going to tap.


It's college and they got the golden ticket.
My profile requires that I identify my gender, so you already know I'm a woman. I have to say that, from my perspective, your statement is depressing. Unless I'm misunderstanding you, you're saying that it is unrealistic for me to expect young men to act in a responsible way when it comes to sex. They might want to reflect on the fact that when I was a teen, there were 2 main venereal diseases - gonorrhea and syphilis. There are now more than 20, and most of them are not curable. A few can be fatal.

It was likely that the worst thing that would have happened to me had I behaved in the manner which appears to be acceptable behavior for college athletes would have been that I could have become pregnant. Now, the worst things might be disease, death, or a rape accusation.

I made these facts available to my daughters from their early teens. Girls have sex drives, too, but they managed to remain celibate throughout their college years. The rewards of that lifestyle come in the form of solid relationships and marriages to men who value women with high standards.
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Old 12-14-2013, 08:40 PM   #29
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Default Re: Full Jameis Winston police report

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You can talk about personal responsibility all you want, but these are 18-22 yr old guys with an endless supply of the best looking ass that they are ever going to tap.


It's college and they got the golden ticket.
After Winston signs his first multi-million dollar contract in the NFL, I'd be willing to guarantee the line of girls waiting at his door only gets longer. My advice would be get a girlfriend and stick with her. Maybe that's too much to ask though being big man on campus.
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Old 12-14-2013, 09:11 PM   #30
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Default Re: Full Jameis Winston police report

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My profile requires that I identify my gender, so you already know I'm a woman. I have to say that, from my perspective, your statement is depressing. Unless I'm misunderstanding you, you're saying that it is unrealistic for me to expect young men to act in a responsible way when it comes to sex. They might want to reflect on the fact that when I was a teen, there were 2 main venereal diseases - gonorrhea and syphilis. There are now more than 20, and most of them are not curable. A few can be fatal.

It was likely that the worst thing that would have happened to me had I behaved in the manner which appears to be acceptable behavior for college athletes would have been that I could have become pregnant. Now, the worst things might be disease, death, or a rape accusation.

I made these facts available to my daughters from their early teens. Girls have sex drives, too, but they managed to remain celibate throughout their college years. The rewards of that lifestyle come in the form of solid relationships and marriages to men who value women with high standards.

I didn't say my statement was great. It is the way that it is. It's the way they look at it (IMHO). Their statement says that one wanted to try to get the girl to have sex with both of them...like others have done.

My statement may be depressing...but it is a fact.
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Old 12-14-2013, 09:41 PM   #31
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Default Re: Full Jameis Winston police report

IMO the discussion about a civil suit to get money is a moot point. Yeah if this girl is able to bring a civil suit she may get some form of retribution, but I'm sure that wouldn't make up for the traumatic experience.

If you read through that whole document it seems VERY likely that Jameis did rape the girl, it seems like the prosecutor didn't think they had enough of a case to get the conviction (fact that the girl had been drinking, he said vs. she said, and Jameis having his "witnesses" that he was a great kid just minding his own business).

Either way no matter what people say athletes do get preferential treatment, and I think the prosecutor was aware of the consequences of indicting Jameis but subsequently possibly getting a not-guilty conviction. I loved watching him dismantle Clemson, but after all this I don't want to see this guy on my CFB time.
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Old 12-14-2013, 09:44 PM   #32
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Default Re: Full Jameis Winston police report

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I didn't say my statement was great. It is the way that it is. It's the way they look at it (IMHO). Their statement says that one wanted to try to get the girl to have sex with both of them...like others have done.

My statement may be depressing...but it is a fact.
I didn't judge you or disagree with you. I also didn't say your statement was untrue. I just said that the statement is depressing.
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Old 12-14-2013, 09:53 PM   #33
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After Winston signs his first multi-million dollar contract in the NFL, I'd be willing to guarantee the line of girls waiting at his door only gets longer. My advice would be get a girlfriend and stick with her. Maybe that's too much to ask though being big man on campus.
I don't think it's too much to ask. We have several football players who have had the same girlfriends for many years. Shaw and his girlfriend have been together since high school. Thompson has openly said, on several occasions, that he picked up girls his first year, but found it to be empty. He's had the same girlfriend for a couple of years, I think. Cann has been with the same girl for several years. Lattimore has had the same girlfriend since high school, too. All of those guys are "big men on campus," but they don't sleep around.

These guys are very open about their girlfriends on social media. Maybe other young men would be better off following their examples.
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Old 12-14-2013, 10:02 PM   #34
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I didn't judge you or disagree with you. I also didn't say your statement was untrue. I just said that the statement is depressing.

And that I agree with wholeheartedly.
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Old 12-14-2013, 10:21 PM   #35
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Ohh well, doesn't matter. He'll probably take home the hardware tonight anyways.
He didn't deserve to win. JMHO.
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Old 12-14-2013, 10:53 PM   #36
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Default Re: Full Jameis Winston police report

There were 5 higher character Men up for the Heisman. Voters chose a low character kid, therefore I will not be watching the Heisman Award show ever again. It makes me laugh now when the Heisman Board says they are about character, integrity and best college player. They got 1 or of three right.
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Old 12-15-2013, 12:31 AM   #37
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Default Re: Full Jameis Winston police report

LOL. Obviously she was raped.
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Old 12-15-2013, 12:33 AM   #38
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Default Re: Full Jameis Winston police report

Tough to say what happened. But there isn't a lot of evidence, physical or testimonial, that would support a rape. The only thing they seem to agree on is that neither want to pursue the issue. Rape is a serious allegation so I really hope the civil matters never materialize without the criminal issues being resolved.
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Old 12-15-2013, 01:28 AM   #39
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Default Re: Full Jameis Winston police report

Quote:
Originally Posted by me4USC View Post
http://www.usatoday.com/videos/sport...12/11/3991823/

According to the roommate, he and Jameis routinely picked up girls to "run" them together. Also, Jameis drove off on his scooter by himself. The victim also told the roommate to stop, by his own admission, yet she has two sets of DNA in her pants. I couldn't stomach listening to the entire interview, so I stopped once he made it clear that they routinely did this.

There is no doubt in my mind that the girl was raped.
And yet you blame the guy for taking home a girl who, MOST LIKELY wanted to go home with him! But yet, she said this because her father probably hated the fact she had sex with a black guy!?! Yeah, sorry I know this considering I'm 24; it happens all the time! It just happened to be Jameis Winston! The white girl is stupid and ignorant!!!!!!
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Old 12-15-2013, 01:30 AM   #40
InletCock1989
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Default Re: Full Jameis Winston police report

A high percentage of, "White Girls" do this! Just because dad doesn't like blacks?!? But their daughters all of a sudden do something with them? Oh no, they so happen to call rape? Pure ignorance, they say this just so dad won't get mad! It's stupid! 100% bullshit to any girl on this planet who pulls this!

HE'S DOING WHAT ANY GUY WOULD DO!!!!!!!!!!!
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