Jameis Winston investigated for sexual assault - and...no charges to be filed...

[DzynKingRTR]

Re: Jameis Winston investigated for sexual assault - update: DNA match found

just read the comments section of some of the espn articles and just wow.

 

[major tidefan]

Re: Jameis Winston investigated for sexual assault - update: DNA match found

just read the comments section of some of the espn articles and just wow.

Ah yes the comment sections,a haven for sociopaths everywhere.

 

[jps1983]

Re: Wow! Jameis Winston investigated for sexual assault

So it is a crime to not report a crime. Is this common?

Yes; especially regarding child abuse.

 

[Snuffy Smith]

Re: Wow! Jameis Winston investigated for sexual assault

The more I listen to this today the more I think nothing happens. Not that nothing DID happen, but I just think there is enough "cover" for the authorities to hide behind to not pursue any charges.

 

[bamaslammer]

Re: Wow! Jameis Winston investigated for sexual assault

Apparently the automatic suspension rule at Florida State is a bit of a myth. It says it's automatic UNLESS there are extaordinary circumstances. We all know what passes for Extraordinary in Tallahassee. I would say they are about to sell their souls for football wins but Bowden sold their soul long ago.

 

[TIDE-HSV]

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?

No...

 

[uaintn]

Re: Wow! Jameis Winston investigated for sexual assault

So I'm confused on the various reports. I thought there was also an allegation that the young woman had been drugged. Maybe that was just speculation. I'm going to quit reading about this. It's just too awful.

 

[bodiddle]

Re: Wow! Jameis Winston investigated for sexual assault

Was a rape kit performed? I haven't seen anything that says one was performed. Based upon what has been reported, the TPD would not have told her to get one done. Although, at the beginning they did not know JW was involved.

 

[JBama_in_PCOLA]

Re: Wow! Jameis Winston investigated for sexual assault

So I'm confused on the various reports. I thought there was also an allegation that the young woman had been drugged. Maybe that was just speculation. I'm going to quit reading about this. It's just too awful.

No, I heard the same.


Sent from my iPhone

 

[bamabelle1991]

Re: Jameis Winston investigated for sexual assault - update: DNA match found

I took his intent to be that this is specifically what the kit would not show and therefore only prove that she had "sex" and who she had it with. Not if it was consensual or not.

Just because you are passed out doesn't mean that the sex can't bruise and tear a woman in her privates.


ETA: If she was drugged and that can be linked to Winston, he is on the hook for a much worse felony. Everybody, leave TideFans and go read the Florida Sexual Battery Statue that I posted earlier. Go now, read it! LOL!

 

[RTR91]

Re: Wow! Jameis Winston investigated for sexual assault

The allegation alone is enough to pursue an investigation. If DNA evidence has been found, it obviously benefits the prosecution if the kid denied ever having sexual contact with her. But I still have to end all of my comments the same way lol... I will be shocked if the whole thing doesn't blow over in a few days. $$$

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:


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:
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.

My question is more about what the hospital employees find when doing the rape kit. If they don't find any sign of rape, they are going to say there's no rape. If they find the bruising or other marks, they're going to say there's something to her complaints.

Belle, the code section you posted says what I typed in the above paragraph is not the case. That situation appears to depend on how sober/coherent the victim is.

 

[RTR91]

Re: Wow! Jameis Winston investigated for sexual assault

Was a rape kit performed? I haven't seen anything that says one was performed. Based upon what has been reported, the TPD would not have told her to get one done. Although, at the beginning they did not know JW was involved.

She went to the hospital a few hours after the incident. That is when the rape kit would have been done.

 

[Catfish]

Re: Wow! Jameis Winston investigated for sexual assault

No, I heard the same.


Sent from my iPhone

I heard or read that, too. Not sure where, though.

 

[JBama_in_PCOLA]

Re: Wow! Jameis Winston investigated for sexual assault

I heard or read that, too. Not sure where, though.

Yeah I can't remember either.


Sent from my iPhone

 

[bamabelle1991]

Re: Wow! Jameis Winston investigated for sexual assault

Was a rape kit performed? I haven't seen anything that says one was performed. Based upon what has been reported, the TPD would not have told her to get one done. Although, at the beginning they did not know JW was involved.

The "forensic examination" is the rape kit. It is the DUTY of the investigating officer to make sure one is done. See here:

[SIZE=-1]794.052 Sexual battery; notification of victim’s rights and services.—(1) A law enforcement officer who investigates an alleged sexual battery shall
(a) Assist the victim in obtaining medical treatment, if medical treatment is necessary as a result of the alleged incident, a forensic examination, and advocacy and crisis-intervention services from a certified rape crisis center and provide or arrange for transportation to the appropriate facility.

(b) Advise the victim that he or she may contact a certified rape crisis center from which the victim may receive services.
(c) Prior to submitting a final report, permit the victim to review the final report and provide a statement as to the accuracy of the final report.

(2) The law enforcement officer shall give the victim immediate notice of the legal rights and remedies available to a victim on a standard form developed and distributed by the Florida Council Against Sexual Violence in conjunction with the Department of Law Enforcement. The notice must include the resource listing, including telephone number, for the area certified rape crisis center as designated by the Florida Council Against Sexual Violence.
History.—s. 1, ch. 2009-184; s. 7, ch. 2011-220.


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[RTR91]

Re: Wow! Jameis Winston investigated for sexual assault

The "forensic examination" is the rape kit. It is the DUTY of the investigating officer to make sure one is done. See here:

If the investigating officer told the victim she could not get a rape kit done, then we're really looking at a major cover-up by TPD. However, that does not appear to be the case.

Since she went to the hospital, the hospital probably contacted the police to meet with a possible rape victim.

 

[JBama_in_PCOLA]

Re: Wow! Jameis Winston investigated for sexual assault

If the investigating officer told the victim she could not get a rape kit done, then we're really looking at a major cover-up by TPD. However, that does not appear to be the case.

Since she went to the hospital, the hospital probably contacted the police to meet with a possible rape victim.

That could be damaging.


Sent from my iPhone

 

[BadgerTidefan]

Re: Wow! Jameis Winston investigated for sexual assault

The ESPN people will make everyone keep it PG or they won't allow it on camera. They already ban all religious slogans/signs.

Don't know if this had been posted just got it off Twitter. http://deadspin.com/jameis-winston-...source=deadspin_twitter&utm_medium=socialflow

Looks like they are starting to cannibalize each other down there already!

This description by a FSU professor of the football culture at FSU is a real surprise for me. I can't believe this type of behavior would be commonplace at SEC schools, in fact I think it would be very rare. Does anyone know if this type of stuff (intimidation of professors, out of control student athletes and handlers) occurs anywhere else these days? Granted, the article does seem to indicate there are many student athletes that are genuinely good students and decent human beings, but some of the statements are disturbing. Anyone heard any of this before, could it be untrue?

 

[AlistarWills]

Re: Wow! Jameis Winston investigated for sexual assault

My question is more about what the hospital employees find when doing the rape kit. If they don't find any sign of rape, they are going to say there's no rape. If they find the bruising or other marks, they're going to say there's something to her complaints.

Belle, the code section you posted says what I typed in the above paragraph is not the case. That situation appears to depend on how sober/coherent the victim is.

It's not going to be the medical professionals job to state "rape" or "not rape". My wife works in the medical field, her job is to do the test, not decipher what she has found, although many times she can, it's not her job or what she's paid to do. This would put the nurses/Dr's in a bad spot legally to make that statement. I'm sure there is a qualified official that will review the examination findings, and make a declaration based on what they see from the records of the exam.

 

[bamabelle1991]

Re: Wow! Jameis Winston investigated for sexual assault

Belle, the code section you posted says what I typed in the above paragraph is not the case. That situation appears to depend on how sober/coherent the victim is.

I'm not sure what you are saying here, but (4) under the statute deals with being drugged, etc. and it is a life felony. The (5) which I quoted is a 2nd degree felony.

Here are the two code sections:

[SIZE=-1](4) A person who commits sexual battery upon a person 12 years of age or older without that person’s consent, under any of the following circumstances, commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115a) When the victim is physically helpless to resist.
(b) When the offender coerces the victim to submit by threatening to use force or violence likely to cause serious personal injury on the victim, and the victim reasonably believes that the offender has the present ability to execute the threat.
(c) When the offender coerces the victim to submit by threatening to retaliate against the victim, or any other person, and the victim reasonably believes that the offender has the ability to execute the threat in the future.
(d) When the offender, without the prior knowledge or consent of the victim, administers or has knowledge of someone else administering to the victim any narcotic, anesthetic, or other intoxicating substance which mentally or physically incapacitates the victim.
(e) When the victim is mentally defective and the offender has reason to believe this or has actual knowledge of this fact.
(f) When the victim is physically incapacitated.
(g) When the offender is a law enforcement officer, correctional officer, or correctional probation officer as defined by s. 943.10(1), (2), (3), (6), (7), (8), or (9), who is certified under the provisions of s. 943.1395 or is an elected official exempt from such certification by virtue of s. 943.253, or any other person in a position of control or authority in a probation, community control, controlled release, detention, custodial, or similar setting, and such officer, official, or person is acting in such a manner as to lead the victim to reasonably believe that the offender is in a position of control or authority as an agent or employee of government.




(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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I may be totally confused as to what you are referring to.