(USA TODAY) — Two weeks before he is expected to go first in the NFL draft, Jameis Winston faces a lawsuit filed by Erica Kinsman, a former Florida State student who accused the quarterback of raping her in 2012.
Kinsman’s complaint was filed Thursday in circuit court in Orlando and details an alleged rape by Winston on Dec. 7, 2012. The complaint alleges sexual battery, assault, false imprisonment and intentional infliction of emotional distress arising out of forcible rape.
It seeks damages in excess of $15,000 to be determined in a jury trial.
Winston was not charged criminally, and a FSU decision and appeal did not find him responsible for violating the student conduct code.
Kinsman is identified by name because she has gone public and agreed to be named. She was featured in the documentary “The Hunting Ground,” which features numerous first-person testimonies of people claiming to be victims of sexual assault on college campuses.
John Clune, an attorney for Kinsman, said he and his colleague, Baine Kerr, filed the lawsuit once it was ready. Following FSU’s initial decision in December, Kinsman’s attorneys filed a federal Title IX lawsuit against the school in January.
“Mr. Winston’s never been held accountable for what he did,” Clune said. “Had he been prosecuted or had he been held accountable by the university, then maybe this wouldn’t be such an important step. The processes that we expect to do the right thing failed, and if they’re not going to hold him accountable she can do it herself.”
David Cornwell, an attorney advising Winston, did not immediately return a voicemail from USA TODAY Sports. He has previously said that if sued, Winston would file a counter claim for defamation and extortion.
The complaint includes little new information in a case that’s been written about for more than a year. Kinsman alleges that she met Winston at Potbelly’s that he took her back to his apartment and raped her there, over her protests and those of teammate Ronald Darby.
Kinsman reported the alleged assault to police that night. Tallahassee police’s investigation failed to collect evidence in the immediate aftermath and sat dormant for nine months until it was reported in the media in November 2013.
A month later, the investigation ended with no charges being filed.
Kinsman’s attorneys pushed for a student conduct hearing, as is required under Title IX. In December, former Florida Supreme Court Justice Major Harding found Winston was not responsible. A Florida State administrator affirmed that decision last month.
Winston, a former Seminole and Heisman Trophy winner, is expected to be the top pick in the NFL Draft on April 30.
In January, Kinsman filed a federal civil lawsuit against FSU, arguing that she became subject to a sexually hostile environment and that “FSU’s responses to the harassment were clearly unreasonable.”
FSU has asked that the lawsuit be thrown out.
Winston was never charged with the assault, and in December he was also cleared of violating the school’s code of conduct.
