Re: Wow! Jameis Winston investigated for sexual assault
I work with Alabama law, but I'm not familiar with a rape investigation goes. Therefore, I'm going to ask this - would the investigation continue if the rape kit found nothing when the victim went to the hospital?
If there is no fluids, no skin under nails, no bruising or tearing in the private area of a female (I just can't type the "v" word, sorry, lol), no bruising on the hands, arms or legs, I don't see how you could get that through a preliminary hearing, much less a grand jury (me speaking as a defense attorney). Of course, the police could arrest and charge someone of a sexual offense without any of that and I believe they probably do it on a regular basis. Whether or not it will stand without ANY evidence is another story. Obviously, this is not taking into the account that you can "rape" a minor even though it is "consensual." Statutory Rape.
As to the Florida law I posted earlier, I have read the whole chapter and found these two things which are of interest:
[SIZE=-1](5) A person who commits sexual battery upon a person 12 years of age or older, without that person’s consent, and in the process thereof does not use physical force and violence likely to cause serious personal injury commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115.
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According to this, if I am reading it correctly, if you say NO, and there is sex without force, it is still a FELONIOUS SEXUAL BATTERY. 2nd degree but still a felony.
Also, this:
[SIZE=-1]794.027 Duty to report sexual battery; penalties.—A person who observes the commission of the crime of sexual battery and who
(1) Has reasonable grounds to believe that he or she has observed the commission of a sexual battery;
(2) Has the present ability to seek assistance for the victim or victims by immediately reporting such offense to a law enforcement officer;
(3) Fails to seek such assistance;
(4) Would not be exposed to any threat of physical violence for seeking such assistance;
(5) Is not the husband, wife, parent, grandparent, child, grandchild, brother, or sister of the offender or victim, by consanguinity or affinity; and
(6) Is not the victim of such sexual battery
is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
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If it is determined that there was a Sexual Battery under Florida Law, the two roommates can be on the hook for the above misdemeanor.