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Jameis Winston Will Not Be Charged With Sexual Assault

Jeremy Fuster |
December 5, 2013 | 12:45 p.m. PST

Executive Producer

 

Wikimedia Commons
Wikimedia Commons
ESPN's Mark Schlabach reports that the Florida state attorney will not charge Florida State quarterback Jameis Winston of sexual assault. The decision will allow Winston to play in the postseason with the Seminoles, starting with Saturday's ACC championship game against the Duke Blue Devils. 

State Attorney Willie Meggs announced at Leon County Courthouse on Thursday that charges would not be filed due to a lack of evidence. 

"We have a duty as prosecutors to only file charges if we have a reasonable likelihood of a conviction," he said. "We did not feel we could meet that burden."

Last month, ESPN reported that DNA found on the accuser's underwear had been matched to Winston. Winston's attorney said that the sex was consensual. But the accuser's attorney, Patricia Carroll, said her client was raped by Winston and then received little help from law enforcement. In a statement made two weeks ago, Carroll said that her client reported the incident to FSU police when she was raped on Dec. 7, 2012. Since the incident occurred off campus, her case was sent to Tallahassee police, who allegedly encouraged her to not press charges because she would "be raked over the coals and her life will be made miserable."

On Thursday, an unredacted copy original Tallahassee Police report was published by FSU sports blog Tomahawk Nation. The report shows that the complainant gave two accounts of the incident with different details, including her description of her alleged rapist. Toxicology reports also indicate that the complainant was not under the influence, contrary to accounts of the incident in search warrants found by the Tampa Bay Times.

The report says that the TPD continued their investigation for a month before suspending the case because of lack of cooperation from the complainant. Carroll claims that the family never stopped cooperating and left the decision of whether to press charges open to police. The case was reactivated in November and a new investigation was conducted by the state attorney's office. 

Meggs, who criticized the TPD at the start of his investigation for how they handled the case, said that the lack of reliable and consistent information from the complainant was one of the reasons why charges are not being filed, saying her recounting of the incident "moved around a good bit." 

Meggs also added that while Winston's DNA was found during the investigation, so was the DNA of another male, which complicated the case. Meggs also said the complainant had no outward signs of trauma, a common telltale trait of sexual assault victims. 

Carroll released a statement on behalf of the accuser:

"The victim and her family appreciate the State Attorney's efforts in attempting to conduct a proper investigation after an inordinate delay by the Tallahassee Police Department. The victim in this case had the courage to immediately report her rape to the police and she relied upon them to seek justice. The victim has grave concerns that her experience, as it unfolded in the public eye and through social media, will discourage other victims of rape from coming forward and reporting."

The complainant, age 19, was a former FSU student who dropped her classes after the case reached the media's attention.

Winston is now clear to compete in Saturday's ACC championship game against Duke, a game the Seminoles are heavily favored to win. A victory would put Florida State in the BCS National Championship Game at the Rose Bowl on Jan. 6. Winston is also a favorite to win the Heisman Trophy, having already broken several school records and posting 3,490 passing yards with 38 touchdowns this season. Many voters were hoping to hear the results of the state attorney's investigation before casting their votes. The deadline for Heisman voting was on Monday at 5 PM EST.

Documents related to the case were released by the state attorney's office and can be read on SB Nation.

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