Woman who accused quarterback Jameis Winston of rape files suit

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By Steve Almasy and Jason Durand

(CNN – April 16, 2015)– Erica Kinsman, a former Florida State University student who has accused star football player Jameis Winston of rape, has filed a lawsuit against the Heisman Trophy-winning quarterback, her lawyer said Thursday.

Kinsman has said Winston raped her in December 2012. A prosecutor decided against bringing criminal charges in the case.

In the lawsuit filed Thursday, Kinsman alleges sexual battery, false imprisonment and intentional infliction of emotional distress.

CNN has attempted to contact Winston’s attorney for comment but has not received a reply yet.

Winston has said the sex was consensual.

CNN doesn’t normally identify the alleged victims of sexual assault; however, Kinsman revealed her name this year in a documentary about rapes on college campuses.

Winston led the Florida State Seminoles to a national championship for the 2013 season. That year he won the Heisman Trophy, given to the most outstanding collegiate football player. He is expected to be a top pick in the NFL draft that begins April 30.

“As for timing, we didn’t want to wait until the eve of the (NFL) draft or after he signed (an NFL) contract,” attorney John Clune said. “As soon as we finished the various motions briefing on the FSU case, we turned our attention to Jameis and got it filed.”

Kinsman also sued the university in January.

According to police documents in the rape case, Kinsman said Winston raped her after she had been drinking with friends at a bar in Tallahassee. She said an unknown man gave her a shot glass of liquid before they left the bar.

Kinsman also said she did not remember much of what happened next but that she remembered being in a ground-floor apartment, where Winston took off her clothes and had sex with her despite her objections, according to police documents.

Kinsman reported the alleged assault to campus police that night. A month later, in January 2013, she accused Winston of the alleged rape.

Tallahassee’s interim police chief at the time, Tom Coe, said the woman “broke off contact” with investigators in February 2013 and didn’t want to go forward with the case. The woman’s family said a detective warned her attorney that Tallahassee is a “big football town” and that life could be miserable if she pursued the case.

Winston didn’t play during the 2012 season but came to Florida State as one of the nation’s top quarterback recruits, according to recruiting rankings.

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