Jameis Winston files counterclaim against accuser Erica Kinsman
Tampa Bay Buccaneers rookie quarterback Jameis Winston filed a counterclaim late Friday against a former Florida State student who said he raped her in December 2012.
In response to a lawsuit filed in April by Erica Kinsman, Winston's attorneys denied the allegations of rape, sexual battery, assault, false imprisonment and intentional infliction of emotional distress arising out of forcible rape in her complaint.
"Ms. Kinsman's False Statements have caused significant reputational and professional injury to Mr. Winston, as evidenced by the almost inconceivable amount of media attention devoted to Ms. Kinsman's False Statements," the counterclaim states.
Winston's counterclaim asserts defamation, defamation per se and tortious interference with prospective business advantage. It seeks actual damages greater than $75,000 and punitive damages to be determined later.
"The counterclaims will definitely make things interesting," said John Clune, one of Kinsman's attorneys. "Since he is now alleging injury to his great reputation, all of his past conduct will become front and center in the case and the burden of proof will be on him. I'm not sure how well that is going to work out for him but he certainly has the right to try."
Winston's attorneys, John F. Meyers and David Cornwell, also filed a motion to transfer the case from the U.S. District Court for the Middle District of Florida, which is in Orlando, to the U.S. District Court for the Northern District of Florida, which is in Tallahassee.
The 63-page filing, which comes nine days after Winston went first overall in the NFL draft, asserts Winston's account that he delivered in an opening statement during a FSU hearing in December. Winston claims Kinsman left Potbelly's, the bar where they met, voluntarily and engaged in consensual sex at his apartment.
Winston's counterclaim asserts that Patricia Carroll, Kinsman's aunt who served as her attorney at the time the allegation became publicly known in late 2013, sought a $7 million settlement from Winston at the time.
The counterclaim asserts Kinsman's account has been previously rejected six times – by the Tallahassee police and state attorney's office, which did not file criminal charges; in code of conduct hearings for Winston and teammates Ronald Darby and Chris Casher, who provided affidavits that they witnessed a consensual sexual encounter; and in an administrative appeal to FSU.
"Ms. Kinsman knew that her allegations would substantially harm Mr. Winston and his professional prospects, but that he likely would still sign some form of NFL contract and earn sufficient salary and other income to 'pay her off.' This was Ms. Kinsman's intent; she had no alternative, legitimate reason for her conduct," it states.
Winston's counterclaim states the accusation against him caused him to lose lucrative endorsement deals and to accept "lesser value" endorsement deals that would have been more valuable if not for the accusation.
"When you're under attack, you have to defend yourself,'' Buccaneers coach Lovie Smith told Paste BN Sports on Saturday, when asked about the counterclaim.
Smith said the off-field incidents will not interfere with Winston's preparations for the NFL season.
"We do not think it will be a problem for Jameis to be focused on playing football here," Smith said. "Not at all. We all have things that we're dealing with off the football field.
"Guys know when it's time for football here and it's about the Tampa Bay Buccaneers and doing our work."
Kinsman's lawsuit was originally filed in state court, but Winston's attorneys removed it to federal court earlier this month as is allowed by federal law because the parties live in different states and the damages were in excess of $75,000.
His counterclaim acknowledges that he is now a resident of Florida but was a resident of Alabama at the time Kinsman filed her lawsuit.
The motion to transfer states, "This lawsuit arises out of a consensual sexual encounter and other series of events, all of which occurred in the Northern District of Florida. Plaintiff claims that the sexual encounter was not consensual. All of the relevant sources of proof necessary to resolve this dispute are located in the Northern District of Florida."
A federal judge previously moved a pending Title IX lawsuit against FSU to Tallahassee. Kinsman's attorneys argued in that case that she could not receive a fair trial in that district.
Contributing: Jim Corbett
