Friday, April 17, 2015

Jameis Winston Accuser Files Suit

Jameis Winston was accused of rape.

Both Winston and the alleged victim's statements were public.

Analysis showed that Winston, although crass and insulting, did not rape her, and that she was emotionally hurt by his disinterest in her, after sex, and was deceptive about being raped.  It may be difficult to read his statement and not feel anger towards his ego or callousness towards women in general, but it does not change truth:  he did not rape her, with rape as defined criminally.  One may not like the subject, but it should not impact the analysis.

He did not rape her regardless of what his words reveal about him.    Subsequent news reports have highlighted his personality issues.

The analysis is HERE

We now learn that even though prosecutors refused to file charges, she is going to file suit.  Note the above analysis when you read her lawyer's statement.

Why might she be filing this suit?

Listen to her attorney's words.  Then, listen to the words of a legal commentator.  The timing is difficult to miss.

Woman who accused Jameis Winston of rape files lawsuit against him

Woman who accused Jameis Winston of rape files lawsuit against him
TALLAHASSEE, Fla. — A former Florida State University student on Thursday filed a lawsuit against top NFL prospect Jameis Winston, saying he assaulted and raped her at an off-campus apartment in 2012.
The lawsuit by Erica Kinsman, which seeks damages from the former Seminoles quarterback, was filed two weeks before the April 30 NFL draft. Winston could be selected as the first overall pick.
Winston has denied the allegations and prosecutors declined to file charges against him in late 2013. He also was cleared by the university following a two-day student conduct hearing last year. The hearing was held to determine whether Winston violated four sections of the code of conduct — two for sexual misconduct and two for endangerment.

But John Clune, a lawyer for Kinsman, said in a statement there are consequences for Winston’s behavior “and since others have refused to hold him accountable, our client will.

Erica hopes to show other survivors the strength and empowerment that can come from refusing to stay silent no matter what forces are against you,” Clune said. “Jameis Winston in contrast 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.”

Rape is a distinctly violent sexual crime with both elements:  violence and sexual activity present.  

Statement Analysis notes specific indicators of truth within the language of victims, particularly elements that appear most "unnecessarily" added to statements as well as language that reflects:
PTSD (post traumatic stress disorder) and
Disassociation (whether diagnosed or not).   These elements are detailed, and vital for study by investigators, social workers, medical professionals and anyone else who seeks to either learn the truth, or support victims of this hideous crime. 

Statement Analysis also discerns falsehood and deceptive statements are sometimes made.  

In Statement Analysis, the victim may use the word "we" (which denotes unity and/or cooperation) in her statement before the rape, but afterwards, she will not.  There is no "we" between victim and rapist.  
We also look for the word "left" in a deceptive statement as often is the reason for filing a false report:  leaving.  In the victim's statement, deception was indicated and she wrote about the next morning, him leaving her, as important to her.  She was emotionally hurt.

In the lawyer's words:
Note that order indicates priority:
1.  took something
2.  hurt someone 

being "hurt" came second. 

We also must note that he does not say directly that he took something from her, nor hurt her, only "something" and "someone."  This is passive, soft language in context of a brutal, life long impact crime.  

The AP generally does not routinely identify people who say they are victims of sexual assault. Kinsman, however, has told her story publicly in a documentary.

The lawsuit, which goes into detail about the 2012 incident, accuses Winston of rape, assault, false imprisonment and emotional distress.
Because the burden of proof is much lower in a civil lawsuit than in a criminal case, Kinsman could have a better chance of winning a jury verdict if it goes to trial.

David S. Weinstein, a former federal prosecutor now in private practice in Miami, said in a civil case the standard amounts to the “greater weight” of the evidence, or “merely tipping the scales in favor of the plaintiff.”

In a criminal case, prosecutors must prove a person’s guilty beyond a reasonable doubt, meaning jurors must be entirely convinced of guilt.
“The scales have to be tipped all the way over to the side of the prosecution,” said Weinstein, who is not involved in the case.
Weinstein also said that he thought Kinsman’s chances of prevailing were good, based on the detailed allegations and multiple witness statements in the lawsuit. But that doesn’t mean it will be easy.
“The defense will drag her character through the mud, so this is going to be an unpleasant process for her,” he said. “However, Winston has a lot to lose, so I foresee a settlement and not a trial.”

Motive.  The commentator recognizes why this might have been filed. 

Kinsman has also filed a lawsuit against FSU’s trustees, asserting that university officials had knowledge of her alleged sexual harassment and discrimination by the star quarterback and this created a hostile educational environment for her. The lawsuit seeks unspecified damages, including reimbursement for tuition, damages for emotional pain and suffering and loss of past and present earning and earning capacity.
Lawyers for the university’s board of trustees contend the lawsuit should be dismissed because it does not show that FSU was responsible for her harassment, but they also maintain they offered her assistance.


Tania Cadogan said...

I wonder if she thinks by filing suit she can force him to pay hush money just to bring an end to the whole thing?

He is a nasty piece of work, it doesn't mean though he should have to go through a financial shakedown because he did what he did and she felt used.

Did she see a life as a WAG (wives and girlfriends term often used in relation to sportsmen)
Rather than having to work she thought she would live the easy life?

I wonder if protection was used?

If not perhaps she wanted financial security via a baby with him having to pay financial support for his child)

In such cases where rape is claimed when there was no rape, me being me wonders what the motive really was.

Was it revenge for being dumped the next morning without so much as a thank you?

Was it to cover their own asses because their boyfriend (sometimes a husband) found out about her infidelity?

Was it because they see a nice big paycheck either for a termination or pregnancy and subsequent child support?

Was it perhaps because she thought they would become an item (especially if a pregnancy resulted)and it didn't.

Was it because man wouldn't cooperate with her requests for hush money(often when the man is married or has a long term girlfriend)

Was it because the media pays big bucks for kiss and tell stories and she gets her 15 mins of fame?

When someone claims rape when there was no rape and it was consensual sex, there is always an underlying motive.
The trick is to find what that motive is.

Anonymous said...

I recently analyzed the victim statement in a sexual assault case I was working. Although the statement hardly needed in depth analysis, one thing jumped off the page at me. During the period following the alleged assault the victim used the word “we” five times and the words “our sex” once.

Subsequent victim interviews revealed that the sex was consensual and had been ongoing for several months, that he broke off the relationship and she wanted him back as her boyfriend. She admitted she filed the charges against him in an attempt to “get him to express that he still cared about me.”

Although the Jameis Winston case circumstances are different, the principles of statement analysis apply equally.


Anonymous said...

Rape is a distinctly violent sexual crime with both elements: violence and sexual activity present.

Bill Cosby will be pleased to hear that.