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Report: Decision to charge Jameis Winston could be coming soon

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A state attorney in Florida will likely determine this weekend if there is enough evidence to charge Florida State quarterback and Heisman favorite Jameis Winston with a crime related to an alleged sexual assault. According to a report by, attorney William Meggs interviewed the alleged victim of a sexual assault that has been linked to Winston.

According to the report;

The woman, who says Winston sexually assaulted her at an off-campus apartment on Dec. 7, 2012, was a fellow FSU student but withdrew from classes after details of the incident were released to media by Tallahassee police last week. On Thursday morning, Winston’s attorney said his client had sex with the woman but that it was “absolutely” consensual.

William Meggs, state attorney for the Second Judicial Circuit, is expected to meet with his staff in the coming days to determine whether they believe there is sufficient evidence to charge Winston with a crime. Meggs told on Wednesday that he does not anticipate taking the case in front of a grand jury.

If Winston were to be charged with a felony, Florida State would be left with little choice but to suspend their start offensive player until the legal system plays out, according to school athletics policy. As reported earlier, there is wiggle room in the language of the school policy that could allow for Winston to avoid a suspension, but that would be quite an interesting decision to make if Winston is in fact charged for a sexual assault.

It was previously reported Winston’s DNA was identified in a sample provided by the accuser. The odds the DNA is not Winston’s are not good but it is important to keep in mind the DNA confirmation is not enough alone to deem Winston guilty of any wrongdoing at this time.

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46 Responses to “Report: Decision to charge Jameis Winston could be coming soon”
  1. delfi2 says: Nov 21, 2013 10:05 PM

    Most poorly conducted legal situation I’ve seen in my lifetime, 35 years. Yes, I am an FSU fan and this entire situation makes me sick for both him and her, and especially the victim…whoever it ends up being. Only time will tell.

  2. kappy32 says: Nov 21, 2013 10:21 PM

    On it’s face, there seems to be quite a bit of evidence showing Winston did something wrong here. Whether he did or not may be irrelevant in the long run. I practice criminal defense here in NY & I will tell you that the most damning evidence in a sexual assault case is DNA evidence, regardless of the whole forced vs. consensual issue. Many people think being a lawyer is easy because of the CSI driven public perception of legal issues. That “I saw it on TV” mentality is tough to defeat in court. I would not be surprised to see him charged & I would be less surprised if he is convicted 18 months to 2 years from now.

    The biggest issue I have in this case – aside from the DNA issue – is the timing of when this allegation was made. Winston was not the Heisman-leading superstar he is today when this girl accused him of rape. There was no guarantee he was ever going to reach that level. At the time of the report, Winston was just another FSU player. Taking that into consideration, a money and/or fame driven false allegation can be discounted completely.

  3. floridascuba1 says: Nov 21, 2013 10:26 PM

    Hearing that one of the witnesses was the Victims friend. Said she was mad at Winston and was out to get him. So we shall see.

  4. jdillydawg says: Nov 21, 2013 10:29 PM

    Well, a marvelous day for college football!

    So far today, we’ve had five suspensions between TX and KY and now, pending charges against Winston.

    Good times.


  5. floridascuba1 says: Nov 21, 2013 10:29 PM

    And Carroll keeps pointing to a cover up. Doesn’t make since for the original report to say she was drunk then try to contradict that. When at the time Winston wasn’t even identified. Her story has many holes still.

  6. sanduskyshowerspecial says: Nov 21, 2013 10:47 PM

    @ kappy, what are you referring to specifically when you say there is “quite a bit of evidence” of a forced sexual encounter?

  7. sssjim7 says: Nov 21, 2013 10:47 PM

    The DNA evidence is irrelevant now that he admitted having sex with her… it is just his word against hers as to whether it was consensual…

  8. donovandancy says: Nov 21, 2013 10:53 PM

    The argument since Feb when he was informed was that it was consensual sex not sexual battery.

    Explain how the case is effected by DNA?

  9. thraiderskin says: Nov 21, 2013 10:54 PM

    If they are going to file charges, they better have something… I’m tired of guys having their world ruined on a whim.

    If he is truly in the wrong, I also hope he is punished to the biggest degree possible.

  10. realfootballfan says: Nov 21, 2013 10:57 PM


    Lol, I take it you have never lived in the South.

  11. realfootballfan says: Nov 21, 2013 11:00 PM


    Yes, between 85 scholarship players on 106 division 1 schools, this is obviously horrible news. Because the general student body never does anything wrong, lol. Wish people would get off their soap box when it comes to athletes.

  12. mossnomore says: Nov 21, 2013 11:17 PM

    If Carroll has been this complainant’s attorney the whole time, then wasn’t she the one who the detective allegedly “threatened” not to press charges? If so, then what happened? This seemingly headstrong, justice-for-all lawyer backed down at the encouragement of the police?

    If her case was so rock solid from the get-go, why didn’t she immediately go to the steps and throw a fit about the cops favoring football over justice and etc. etc.? Obviously I have no true idea what I am talking about, I am just deducing from what I have read. It just seems like a lawyer would never back down on a case like that because the cops told her not to.

  13. Deb says: Nov 21, 2013 11:20 PM

    @realfootballfan …

    You’ve had some good posts on this thing–and I agree with you on athletes–but you need to get off the “Southern justice” soap box. It was Illinois that had to suspend the death penalty because prosecutors were laying bets on who could send the most African Americans to their deaths. It was California that gave us the ridiculous spectacle of Judge Ito and the never-ending Simpson trial.

    Please. The criminal justice system in America is flawed. It’s no more flawed in the South and in any other region.

  14. realfootballfan says: Nov 21, 2013 11:48 PM

    Deb ,

    It was more tongue in cheek, Deb. You don’t have to tell me about how sorry the justice system in this country is all the way around and how much improvement we need to do on that accord.

  15. doggeatdogg says: Nov 22, 2013 12:18 AM

    If he raped her he should go to prison for 15 years. But then again, there is another side to consider.

    Details on multiple sites on this story make no sense. These two knew each other before ‘the event’ and dated after ‘the event.’ She then claimed rape supposedly prior to the arrival of JW’s girlfriend. She goes to FSU police and JPD. Rape kit gets done. She does not tell the cops the perpetrator is JAMEIS WINSTON. How tall was he???? She knows this man is not 5’9″. At one point she stops cooperating with them. Her FB and other social media accounts may not help her case up till recently shutdown. What is she saying on social media?

    As other are alerted to the situation including the family and with lack of evidence and slow police activity on this case, she/the family consider this matter dropped. You don’t pursue a felony?

    Supposedly the coach was made aware of this mess from the get go by Winston and the witnesses. Fisher acts as if this was a consensual thing and not rape. The alternative is shielding a rapist. Why risk that?

    Obviously something ignited this investigation 11 months later and someone shopped the story to the media. Some say Urban. I’m reading it was lawyers in the girls’ family. Who is leaking this information, family? Other programs?

    This may explain why the JW team is so confident about this case. They are saying they don’t deny DNA would match or that there was consensual sex. It’s possible PD got over zealous and told her to think twice before accusing a player of rape. That’s reprehensible. If this was consensual, it may explain the lack of pursuit from the woman and her hopes that it would all go away to avoid exposing a deception that got out of hand.

    The Lacrosse woman accuser is not serving time and women never do for lying to the cops about rape. Tawana Brawly recently lost a defamation lawsuit and her wages are garnished to pay her victim. Either JW will spend lots of time in prison or this young lady will be facing a defamation lawsuit herself.

  16. fnnogg says: Nov 22, 2013 12:41 AM

    I think the fact that there are “holes in the reports on websites” only speaks to the fact that this is an ongoing investigation/case, and speculation on anything about it is pointless. If there is evidence that merits trial, the evidence in full will come out at that time.

    Don’t make Winston a villian or a victim yet; but don’t attack his accuser either. There is no “right” way to react to sexual assault that proves its legitimacy. Contrary to popular belief in some circles, false accusations make up a very, very, very small percentage of sexual assault cases. Refrain from judging either side while the facts are clouded.

  17. kappy32 says: Nov 22, 2013 3:04 AM


    I didn’t say “quite a bit of evidence of a forced sexual encounter,” rather I said there “seems to be quite a bit of evidence that he did something wrong here.” I don’t know if he raped her, and frankly I don’t care (from a legal standpoint; I care a lot from a moral standpoint). A consensual sexual encounter in of itself isn’t anything wrong. However, the two issues I mentioned in my first post – and reiterated later – lend credence to the position that something happened here. Even more than the DNA evidence, I am concerned about the timing of the allegation. In almost every false rape allegation I’ve seen, the motive behind the lies are either for fame or for money. Neither is the case here so it supports her contention. That is a SERIOUS blow to the defense because it doesn’t give them a plausible reason to discount her version. The only way they can make that argument is to say she was some kind of fortune teller or oracle that could predict Winston would be great. Even people in Tallahassee didn’t know what they had until the season started. Then there is the DNA. A lot of people on here think that the DNA becomes irrelevant just because he claims the sex was consensual. That couldn’t be further from the truth. If this case ever went to trial, the jury would be instructed on the proper weight given to the DNA evidence & they would also receive the standard consensual sex charge that states if they find the sex was consensual, they must then find the defendant not guilty. However, the general public thinks that what they see on the 7 different CSI shows is what happens in real life. Regardless of the jury charge, people put a lot of weight on DNA evidence & in rape cases DNA doesn’t go away because the defendant claims consensual sex. In addition to DNA evidence from any rape kit that was done (which obviously happened here or else they wouldn’t have a sample to test in the first place) will be evidence of vaginal bruising or bleeding, marks on the victim’s body, and any sort of fluid left in other places. If those things were present, they will come to public light eventually. Nevertheless, without speculating beyond what is known, the timing of the complaint & the DNA proving some form of a sexual encounter took place are compelling evidence, in my professional opinion, that something wrong happened here. I will say that my original characterization of there being “quite a bit of evidence” was an overstatement, but “compelling evidence” is more accurate. The fact that these two issues are already against Winston puts him behind the 8-ball. Then you add Rape Shield Laws that protect the victim in sex crime cases, it is going to be very difficult for Winston’s legal team to raise reasonable doubt. Simply saying that it was consensual is not enough to defeat a rape claim that is backed by circumstantial evidence (timing of the complaint), testimonial evidence (the victim’s version of events), and physical evidence (DNA). And that is all the evidence we know about up to this point. Trust me, more evidence against him will come out after he’s charged. In cases like this, only small bits of evidence are leaked so when the charge happens the public can’t claim the arrest is a persecution of a famous person or racially motivated. If these compelling pieces of evidence are what the police leaked to show they had “something” here, the next round of leaks will be very damning, unfortunately.

  18. seanb20124 says: Nov 22, 2013 7:02 AM

    Jameis is a celebrity, and he should be afforded celebrity status

  19. 700levelvet says: Nov 22, 2013 7:26 AM

    Oh no… How will all the commenters , who seemingly live their lives vicariously thru what an 18 or 19 year college student does on and off the field ever get by…..

  20. theflyingtad says: Nov 22, 2013 7:32 AM

    thraiderskin says:
    Nov 21, 2013 10:54 PM
    If they are going to file charges, they better have something… I’m tired of guys having their world ruined on a whim.

    If he is truly in the wrong, I also hope he is punished to the biggest degree possible.


    I agree, but feel like athletes have ruined more lives by being the untouchable star on campus or hometown hero.

    I’m with you though, I hope the truth comes out and if he is innocent doesn’t suffer any long term consequences of the accusations. If guilty, I hope the punishment is just and the girl recovers and moves on with her life without this being a future hindrance.

  21. florida727 says: Nov 22, 2013 7:36 AM

    floridascuba1 says: Nov 21, 2013 10:26 PM
    Hearing that one of the witnesses was the Victims friend.


    Might want to try re-reading some previous stories. The “witness” was Winston’s roommate, NOT one of HER friends. And according to multiple reports there was only that one witness. You think he’s credible? Not likely.

    Two things working against Winston: a) this happened before he was ‘famous’, and b) DNA doesn’t lie. It’s his. But in the end, how do you prove forced sex v. consensual, especially when the involved parties have a history together. It’s not like she’s some random girl off the street. They knew each other. That makes it really difficult for her to prove, again, emphasis on PROVE, his guilt. Presumption of innocence. I’m not an attorney, nor do I play one on TV, but my guess is he walks. But his reputation is damaged, at least for a while.

  22. js20011041 says: Nov 22, 2013 7:50 AM


    At this point, it is incorrect to say that there is any evidence supporting either side at this time. At least from what’s been released to the public. For you to continue harping on the DNA as if it’s damning for Winston is idiotic. He’s been saying that it was consensual. He didn’t start with “I never had sex with her” and then change it to “Well, we had sex, but it was consensual” after the DNA results came back. It’s not evidence that affects this case either way, so knock that crap off.

    One thing I haven’t really seen considered is that they took DNA evidence from one of the two witnesses. Why do you think that is? My bet is that Jameis and his witnesses are stating that she had multiple partners that night. If that’s the case, that would be extremely damning for the prosecution. The alleged victim didn’t state that multiple perpetrators were involved. Only Winston. That completely undermines her credibility.

  23. thegeneral7694 says: Nov 22, 2013 8:32 AM


    Can you post a link to a story where Winston claimed the sex was consensual BEFORE the DNA results became public? As near as I can tell, Winston’s lawyer didn’t say anything about consensual sex until after, or contemporaneously with, the public disclosure of the DNA results. That’s fine, the defendant doesn’t have to say anything, of course….but I don’t think you can discount that entirely. In other words, if there was no DNA evidence at all, you think his lawyer would be saying publically that they had consensual sex? Of course not….he would be saying “you can’t prove my client even touched her that night.” Well, now they CAN prove that, so the only card he has left to play is “she wanted it”. I am a criminal lawyer (not in FL, though), and I can tell you that “consent” is the defense in 100% of rape cases where there is DNA evidence matching the Defendant……because obviously, that’s about the only thing he CAN say at that point. DNA samples are often taken from multiple people at a crime scene…..I think you’re doing a helluva lot of speculating with your second point, as there is absolutely nothing (that I’ve heard or read) to support any type of “orgy” defense.

  24. wmatthew760 says: Nov 22, 2013 8:33 AM

    This story keeps getting twisted and is a big he said she said. However he shouldn’t have put him self in this situation jn the first place. It also goes to show how much of a joke the NCAA is. They are very hypocritical, they haven’t said a word and I’m sorry Winston shouldn’t be eligible while the investigation is on going. If it turns out he is guilty it will look bad for the NCAA and FSU.

  25. liverpoolred04 says: Nov 22, 2013 8:38 AM

    REC strikes again

  26. pastabelly says: Nov 22, 2013 8:51 AM

    Why would the DA leak DNA results to the press? Whenever DA offices leak evidence to the press, we should all be a bit skeptical. The NCAA should let this play out before jumping to conclusions. However, much like the Aaron Hernandez case with the Patriots, if serious charges are made, the school has no choice but to suspend Winston pending adjudication of the case.

  27. js20011041 says: Nov 22, 2013 9:09 AM


    We have no evidence that suggests anything either way right now, so to consider Winston’s defense of consensual sex as, “playing a card” rather than telling the truth is you making assumptions based on evidence that either doesn’t exist, or hasn’t been presented publicly.

    And yes, you can discount the fact that Winston and his attorney did not making any statements prior to the DNA results coming back. That in no way, shape, or form infers guilt of any kind. For an (alleged) attorney to make that statement is horrendously idiotic. Nothing good can come from either speaking to the police until necessary or making public statements. Absolutely nothing. Innocent or guilty. Remind me never to use you as a defense attorney.

    Also, I clearly inferred that my statement regarding the multiple DNA tests was pure speculation. So… I guess you’ve got me there.

  28. billf7095 says: Nov 22, 2013 9:16 AM

    Dear Florida State Alums,

    Someone please write this girl a check so this will go away.


  29. drozman says: Nov 22, 2013 9:46 AM

    So she was out to get because she was angry with him…

    Then why was was it reported he was under 6′ tall? Eyewitnesses accounts are generally terrible and inaccurate on details. If she knew him, but wanted to get back at him I’m guessing she would have gotten his description a bit more accurate.

    This makes it appear at the very least she wasn’t that familiar with him, but DNA is present. This doesn’t make him guilty, it just doesn’t look very good for him.

  30. sillec28 says: Nov 22, 2013 9:51 AM

    Very very interesting that we didn’t hear about this “consensual sex” defense from his lawyer until the DNA results were made public. The only thing left for Winston now is to hope that the photographs made of the accuser at the hospital (assuming that the Tallahassee PD didn’t conveniently “lose” them) is that they don’t show any injuries. If they have the photographs and they show injuries inconsistent with consensual sex then Winston is pretty much dead meat.

  31. wisconsinhillfolk says: Nov 22, 2013 9:55 AM


    Yout blind allegiance to the South and Alabama in particular casts a shadow on your record of otherwise thoughtful, intelligent contributions to this forum. Are you incapable of recognizing a well noted history of racism and racialism in your home state? The Scottsboro Boys were recently pardoned by your state 75 years after they were falsely accused and destroyed. At least some in Alabama are willing to acknowledge an embarrassing (for all Americans) history. Accept it and grow.

  32. ajarkoski says: Nov 22, 2013 10:05 AM


    You have been wronged by this guy and here life just gets so good for him and you see his picture in the paper, on magazines, on billboards and it must make her so angry. And she is not going to screw up her future by dropping out of school. The code of silence is strong at any football school and she had to transfer out for her SAFETY! They might just have the goods on him: witness, DNA, hospital pictures, her wanting to file a complaint, etc. Man o man, this guy is cooked if this is all true. They really only need either the witness to be willing to testify or the pictures to show injuries. There is going to be some serious lamenting in Seminale nation.

  33. ronarch13 says: Nov 22, 2013 11:02 AM

    So many people here miss the fact that it is not if he is guilty, he will probably be suspended. It is if he is CHARGED with a felony. Yeah there are questions as to what really happened on BOTH sides of this story, I am a Buckeye fan and FSU is my third favorite team. I have enjoyed watching Winston play, but that is all I can say. I don’t know him, don’t care what he does off the field (LEGALLY), and can’t comment on what I believe his character is. At worst he is a criminal, at best he is dumb for getting himself into this situation. Hopefully the truth comes out, but it might be too late, if he gets CHARGED.

  34. youcantmakemepickausername says: Nov 22, 2013 11:39 AM

    Something i’ve been wondering as this whole thing has progressed, and maybe it’s been answered, i don’t claim to have read every article or comment on it, but a lot is being made of the issue of her description of him and how it was off or whatever.

    I guess my question is, if this was an encounter between two people that already knew each other, why would she even be asked to describe him? Wouldn’t she just say “it was this guy named Jameis Winston”. Aren’t descriptions usually for when they don’t know who the alledged perpetrator is?

    I hope that question doesn’t come off as sarcastic, and i know it’s not overly important to the overall case, it’s just something i’ve been wondering about.

  35. becauseisaysothatswhy says: Nov 22, 2013 11:46 AM

    @ florida727

    There are two witnesses, two signed, sworn affidavits. These affidavits were originally provided to TPD in Feb. 2013 then provided to SA last week. SA interviewed both witnesses in the last week.

    One of the two witnesses also gave a DNA sample last week when Winston gave his.

    This is easily confirmed in articles on,, multiple other sites running articles.

    Most recent *rumors* are that the other witness is her roommate and that the incident was at her apartment.

  36. drozman says: Nov 22, 2013 12:02 PM


    I agree, if it was consensual as his attorney makes it out to be and she knew him–I’m guessing she knew he was much taller that 5’9. I completely understand why she is pissed now as any of us would be. I think he is screwed. A DNA match and immediate report of incident is more than a lot of sexual assault cases that get prosecuted.

  37. becauseisaysothatswhy says: Nov 22, 2013 12:15 PM


    Winston’s attorney has said very little regarding their position other than maintaining Winston’s innocence. Not disclosing their version of the facts and not embarrassing the victim with any details of the encounter.

    You know, following protocol.

    Not trying the case via the media, not leaking information about the case that portrays any details in a certain light…you know, acting responsibly. Not trying to frame the case one way or another, trying to sway public perception…just the boring truth.

    Regardless of the media clamoring for any gory detail, any salacious comment, anything that would sell…

    He only made statements regarding DNA yesterday because of the leak, that he had to respond under the circumstances. Acknowledging the DNA results and then adding that it was always part of their strategy. That they never denied that Winston had consensual intercourse with the victim. He also made a point the he only just found out about the DNA results via ESPN. That he had not seen the actual report and questioned why this & only this was leaked. Why wasn’t the DNA test results of the witness leaked? Why hadn’t the two affidavits been leaked? And that only TDP, FDLE and the SA had the report meaning that the leak had to come from one of them. That we all need to question what has & hasn’t been leaked to the public & why. That all he wants is a fair examination of all the facts. And that he would not comment on any other specific details.

    If you are a criminal lawyer as you claim then why so naive about Winston’s attorney not laying out his entire case to the general public?

  38. jdillydawg says: Nov 22, 2013 2:19 PM

    @realfootballfan – Wow, didn’t actually realize I was on a soapbox. But hey, if you thought yesterday was a great day for college football, knock yourself out.

  39. thegeneral7694 says: Nov 22, 2013 2:51 PM


    First of all, if you want my office address and Board of Professional Responsibility number, I’ll be happy to provide it. Took me 8 years to get all those letters behind my name, so I’m kinda defensive about it….

    Secondly, both of you (obviously pro-Winston guys, which is fine) are missing my point entirely. JS2011’s comment that “the DNA evidence doesn’t prove anything” is what I was responding to, and that point is wrong. It actually proves quite a lot. Winston can’t now say “I’ve never met this woman”, or “I know her but have never had sex with her” or “I know her, and have had sex with her, but not that night”….he can’t go with any of that, because the DNA evidence proves otherwise. So what’s the only defense he can offer? That’s right…..”consent.” Now, of course, I understand why his attorney wouldn’t say anything other than the usual lines in public….the Defendant has no incentive to make the State’s case any stronger. But coming out with “consent” AFTER the DNA evidence has been made public is outwardly self-serving…doesn’t mean it’s not true, but it IS self-serving. Also, where you guys and I differ is that I don’t give a $hit about who leaked what to who….eventually, both through the discovery process and in a courtroom, it was all going to come out, and if the State didn’t have DNA evidence proving that they had sex that night, then the defense would not be admitting that, like they currently are. They aren’t admitting that out of some altruistic, pie-in-the-sky sense of truthfulness….they’re admitting that because, at some point, they would have to (thanks to that DNA evidence).I have no dog in the hunt or any real opinion as to the merits of the case, because I don’t know enough about it to have an informed opinion (and you guys don’t either, unless you work for the Tallahassee prosecutor’s office). All I’m saying is that if you think the DNA evidence doesn’t prove anything, you’re sadly, sadly mistaken. Now, of course, it doesn’t prove rape, but it does prove sexual intercourse on the night in question….and that’s not nothing.

    And JS: everything a defense attorney does is “playing a card”…everything. You can accept it or not, but that’s reality. And that’s perfectly fine, because that’s their function….that’s what they’re supposed to do. Being concerned with “truth telling” is not part of the job description. And I never said I was a criminal DEFENSE attorney, did I?

  40. jdillydawg says: Nov 22, 2013 4:51 PM

    “Took me 8 years to get all those letters behind my name, so I’m kinda defensive about it….”

    Damn. Took me 8 years to get through fourth grade…

  41. remyje says: Nov 22, 2013 5:12 PM

    thegeneral7694 has to be a public defender at most

  42. becauseisaysothatswhy says: Nov 22, 2013 5:17 PM

    I thought The General sold car insurance…

  43. becauseisaysothatswhy says: Nov 22, 2013 5:26 PM

    @ thegeneral7694

    It is not self serving if the Feb. 2013 affidavits back up his claim.

    Everything Winston’s attorney has said has been based on two witness affidavits supplied in Feb. 2013 and that their position has not changed. That they have not revised their story nor have they fine tuned it. That the original testimony is strong enough to exonerate Winston.

    This is not based on what you would do since your a criminal attorney, these die have already been cast.

  44. yankeesgameday says: Nov 22, 2013 9:18 PM

    why was this investigation started again? who does it benefit? hmmmm, ask Nick Saban.

  45. becauseisaysothatswhy says: Nov 23, 2013 12:10 AM

    caught in the act, victim & alleged attacker:

  46. pglht says: Nov 23, 2013 2:09 AM

    @fnnogg said

    ” Contrary to popular belief in some circles, false accusations make up a very, very, very small percentage of sexual assault cases. Refrain from judging either side while the facts are clouded.”

    False Rape Accusations May Be More Common Than Thought

    Anyway you say refrain from judging yet it’s Winston’s name that is being smeared while the accuser gets to hide .oh yeah and try telling Brian Banks about your opinion on false accusations…i don’t care what the percentages are..The burden of proof is on the accuser and considering how easy it is to lie about rape in this country I have side with the guy until evidence shows otherwise

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