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Winston sued in Civil Court

Epictitus

Epictitus

ND Expert
Oct 13, 2014
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Sorry Mo1e, but once again you were wrong. This young lady wants to see Winston and FSU held accountable for his "forceable" rape and for FSU's refusal to properly investigate the rape.

My guess is that the pig will settle out of court, as will FSU, because both are guilty as charged and it is their only way to try to hide facts and the disturbing reality of the mistake young ladies make when they decide to go to FSU and subject themselves to the football team.

Let us all hope that justice is done!




http://www.nytimes.com/2015/04/17/sports/football/jameis-winston-being-sued-by-accuser-in-alleged-rape-in-2012.html?_r=0

This post was edited on 4/17 7:48 AM by Epictitus
 
^ I wonder if it is possible for this forum to get a "restraining order" against you? You probably drive your psychiatrist crazy!
 
Originally posted by Epictitus:
Sorry Mo1e, but once again you were wrong. This young lady wants to see Winston and FSU held accountable for his "forceable" rape and for FSU's refusal to properly investigate the rape.

My guess is that the pig will settle out of court, as will FSU, because both are guilty as charged and it is their only way to try to hide facts and the disturbing reality of the mistake young ladies make when they decide to go to FSU and subject themselves to the football team.

Let us all hope that justice is done!
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Wrong about what?

The timing was expected (just before another big event) and hopefully Winston will follow through on what his attorney said would happen if this dishonest money grabbing girl filed a civil suit. File a counter suit for defamation of character.

If you weren't such a phoney he should file one against you as well.

I can't imagine what hasn't been presented yet by the girl but what we do know is Winston's attorney hasn't shown his full deck of cards. As he stated he provided the NFL with all kinds of documents that haven't been made public yet.

Of course, inspite of what you believe with absolutely no evidence to support your delusion all the evidence including witness accounts under oath, her friends, forensic and toxicology reports, her lack of credibility with numerous conflicting accounts of the evening and her behavior leading up to the night all support Winston's story.

So hopefully, Winston will step forward and file a counter suit. This girl continues to do a disservice to all women who have a real claim of sexual assault. It's women like her that I worry will make it more difficult to prosecute legit rape cases on campus. The number of false claims of sexual assault are getting ridiculous.

By the way.... what about those women who have decided to go to every other college in the country (including ND) and have been subjected to sexual assault by members of the FB team. Conveniently left them out ? How different.

I say ... bring on the civil suit. Nothing to see here by her side that hasn't already been presented. Unless she has something new and can convince another judge that all her different stories are true then what possible outcome should be expected?

Then again ... in your feeble mind "guilty until proven innocent" is the statement of the times. Well, as crazy as that is you still can't produce one piece of evidence that proves guilt.





This post was edited on 4/17 6:52 AM by no1e
 
"A money grab?" This suit is being filed from the same women, the one that was raped, not the second women he violated, the initial girl who had no idea who Winston was when he assaulted her. I know you are unable to decipher or speak about things that are true, but how was it a "money grab" when she had no idea it was Winston?

This threat about a counter suit is hilarious. She has been attacked repeatedly by FSU and they will pay a heavy price in money, in reputation (as whatever that means to a place like FSU) and in the general public. Go for it, she has exposed herself from day one to a rape kit, dishonest attacks by mindless FSU fans, humiliation from a school who refused to properly investigate, from a police force and an athletic department who participated in a cover up ans wastes of space like you who have repeatedly called her a liar and made up stories about her previous involvement with the rapist even after such talk was proven a lie. I wish your daughters would get intimate with Winston and see where you would then stand, you pig!

Whatever happens to this there are two facts, Winston is a pig and FSU is culpable in his piggish behavior.

This post was edited on 4/17 7:50 AM by Epictitus
 
Thanks for your support. It appears I am one of the few sane people here. Go Irish!
 
Originally posted by captstabbin:

Originally posted by NDSMC78:
OP is a lunatic who should be institutionalized.
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So is his troll. If they are indeed separate human beings.
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If they are not the same person, they obviously know each other. Whenever one is here, the other is here.
 
Epic filing a lawsuit doesn't mean shit. Most states, including Texas and Florida allow for anyone to file a lawsuit in state court. Even you could sue Winston and/or Florida St. which I am surprised you have done yet. She still has a high burden of proving her case by a preponderance of the evidence. This is the same burden that she had in front of the arbitrator and she lost there. Not sure how FSU is culpable for behavior that hasn't been proven in a Court of law. They could be culpable for a lot of things independent of what Winston did or didn't do but to culpable for his actions it has to be proven he committed those actions first. After that condition is met there are a number of other issues that are triggered that still make the case against FSU tough.

The thing is the value of her case all things considered is about as low as it has ever been but she has to be getting close to her statue of limitations so she doesnt have a choice but to file.

Settlement is not a sign of guilt, it is a sign of risk adversity. Let saw Winston's lawyers beleive there is a 20% chance the jury finds him at fault to the Plaintiff and awards her damages of 5mill plus they know an adverse verdict her will kill endorsement ability of JW which over his career coukd equal another 15 mil (conservative). Also the see a 10% chance the jury really hits him 10mil. The value of the case at that point would 8mil to JW. Anything less then 8mil as a settlement from an economic stand point is a win. If her lawyere beleive they have a 25% chance of getting 10mil and a 25% chance of getting 6mil then the settlment value of the case would be $4mil. In this hypo offers in between 2-8mill would be probably get it done.

Not sure what values are actually being thrown around but that is a simplified version of the economics behind a settlement. Each side buys off risk.
 
Obviously some here know little about the law. Her chances of winning in criminal court were always a long shot and why most rapist get off as it usually comes down to, as it does here, to testimony without witnesses. The really sad part is that FSU, its fans and the TPD made a concerted effort to attack the victim and totally bungled and manipulated the evidence for selfish and sinister reasons. In Civil Court the victim DOES NOT have to prove a "preponderance of guilt or wrong" just that she was wronged and Winston was responsible. Given the immediate reporting, the positive rape kit, the shady doings by Winston, his posse, FSU and the police you can expect both Winston and FSU to settle because even Mo1d (I like that name) knows Winston is guilty!

But I am sure a scum bucket like Mo1d and Jumbo will remain very proud of this two year travesty caused by FSU and this monster they are trying to protect.

She will win or settle both suits in her favor.
 
Originally posted by Epictitus:
Obviously some here know little about the law. Her chances of winning in criminal court were always a long shot and why most rapist get off as it usually comes down to, as it does here, to testimony without witnesses. The really sad part is that FSU, its fans and the TPD made a concerted effort to attack the victim and totally bungled and manipulated the evidence for selfish and sinister reasons. In Civil Court the victim DOES NOT have to prove a "preponderance of guilt or wrong" just that she was wronged and Winston was responsible. Given the immediate reporting, the positive rape kit, the shady doings by Winston, his posse, FSU and the police you can expect both Winston and FSU to settle because even Mo1d (I like that name) knows Winston is guilty!

But I am sure a scum bucket like Mo1d and Jumbo will remain very proud of this two year travesty caused by FSU and this monster they are trying to protect.

She will win or settle both suits in her favor.
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You recognize that this is a contradictory statement I assume? To establish that she is entitled to damages she must show that there she was injured by Winston, who owed her a duty not to injure her and that as a direct result of his breach of said duty she was damaged in some amount. All of this must be established by a preponderance of evidence. An affirmative defense to any accusations made will be that it was consensual at least at the time. If enough is done by JW's lawyers to cause the burden to shift to her to prove that it wasn't consensual at the time then she will have to address the issue of consent in context of the same burden.

Settlement often isn't about guilt as addressed above. Further in the case against Winston I don't think the police stuff gets in. Also, since he is probably going to stipulate(i.e. agree) that they had sex that night I am not sure what the rape kit is relevant to.
 
SALittle,
You are simply wrong in your imterpetation of a Civil Suit. in a criminal proceeding the plantiff must prove their case "beyond a reasonable doubt." Which is why the State's Attorney did not file charges be cause in his words whether Winston was guilty or not, "he felt he could not ensure a conviction". This was based on a drunk victim, a failure by FSU to investigate and TPD's bungling of their investogation. As in the OJ case, the multiple Rothlisberger rape cases and many more is all a civil jury needs to do is find Winston even partially at fault and they will find damges on behalf of the victim. this is why both FSU and Winston want no part of airing the truth.
 
Originally posted by Epictitus:
SALittle,
You are simply wrong in your imterpetation of a Civil Suit. in a criminal proceeding the plantiff must prove their case "beyond a reasonable doubt." Which is why the State's Attorney did not file charges be cause in his words whether Winston was guilty or not, "he felt he could not ensure a conviction". This was based on a drunk victim, a failure by FSU to investigate and TPD's bungling of their investogation. As in the OJ case, the multiple Rothlisberger rape cases and many more is all a civil jury needs to do is find Winston even partially at fault and they will find damges on behalf of the victim. this is why both FSU and Winston want no part of airing the truth.
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There is a burden of proof in civil cases that falls directly on the Plaintiff to establish each element of their case, including fault or partial fault. This burden of proof is called "preponderance of the the evidence" and is the same burden that was used by the arbitrator in the honor code case. You are correct that this burden is less then the burden the prosecution must show in a criminal case, however in order to recover any damages the Plaintiff must meet the burden.

I am not sure what information will come out in a court trial that wasn't presented to the arbitrator in the previous matter because it seems like if they had anything the Plaintiff would have already used it to strengthen her position. Further complicating the matter is the reality that the rules of evidence now apply so a lot of stuff that was evaluated by the Arbitrator or even the state's attorney's offices isn't guaranteed to come in. Also, if JW doesn't want Darby or his other roommate to testify good luck forcing them to do so with subpoena limitations.

JW could conceivably win at trial by presenting nothing new to clear him and continuing to argue that nothing that occurred was without consent.
 
Argus ... you really don't have any idea how uninformed you sound ... do you?

I have to laugh at your stupidity.

And by the way .... the rape kit results along with the forensics and toxicology ALL favor Winston. The rape kit showed no tearing or forced entry as is normally seen in rape cases.

But I'm sure they manipulated that too.

Still waiting for one piece of evidence from you that points to guilt. Just one.

Keep it coming.
 
I know little about the law, but imo winston should file a counter suit citing "reckless endangerment" (among other things) as the woman did not disclose to him that she had sex earlier in the day with another "partner"....
 
Originally posted by Epictitus:
Sorry Mo1e, but once again you were wrong. This young lady wants to see Winston and FSU held accountable for his "forceable" rape and for FSU's refusal to properly investigate the rape.

My guess is that the pig will settle out of court, as will FSU, because both are guilty as charged and it is their only way to try to hide facts and the disturbing reality of the mistake young ladies make when they decide to go to FSU and subject themselves to the football team.

Let us all hope that justice is done!




http://www.nytimes.com/2015/04/17/sports/football/jameis-winston-being-sued-by-accuser-in-alleged-rape-in-2012.html?_r=0

This post was edited on 4/17 7:48 AM by Epictitus
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Rosebud, Rosebud, Rosebud!
 
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