May 1, 2015: Tampa Bay Buccaneers first-round draft pick Jameis Winston, center, holds his jersey as he stands with general manager Jason Licht, left, and head coach Lovie Smith, right, during a news conference. (AP)
The attorneys for Tampa Bay Buccaneers rookie quarterback Jameis Winston said in a court filing that the No. 1 NFL pick and the former Florida State University star did not rape the woman who is suing him and that she is motivated by greed.
Attorneys John F. Myers and David Cornwell Sr. filed the counterclaim Friday against Erica Kinsman in federal court in Orlando.
Kinsman is a former Florida State student. She filed suit against Winston last month saying she was intoxicate at a Tallahassee bar in December 2012 when Winston and others took her back to Winston’s apartment and he sexually assaulted her. The lawsuit accuses Winston of rape, assault, false imprisonment and emotional distress. Winston says the sex was consensual. Her lawsuit was filed two weeks before the NFL Draft.
Winston signed a four-year, $23.35 million contract with the Buccaneers and was at the start of rookie minicamp Friday.
Winston has repeatedly denied the allegations in the past and prosecutors decline to file charges against him in late 2013. He also was cleared by the university following a two-day student conduct hearing last year. The hearing was held to determine whether Winston violated four sections of the code of conduct -- two for sexual misconduct and two for endangerment.
The the counterclaim, filed by Winston, claims Kinsman has told "many different inconsisent accounts of her sexual encounter" with the quarterback.
Ms. Kinsman has been successful in one major area," the filing said. "She has mounted a false and vicious media campaign to vilify Mr. Winston with the objective of getting him to pay her to go away. Ms. Kinsman is motivated by the most insidious objectives — greed," it added.
The Tampa Bay Times reported that Winston requested a jury to hear the matter. The filing points out that Kinsman chose to leave the bar and didn't object in the taxi or when they got out.
It said Kinsman, afterward, rode on Winston's motorscooter with "her arms wrapped around Mr. Winston's waist."
"Ms. Kinsman got off the scooter, gave Mr. Winston a hug, and walked ... to her dormitory," it said.
The filing said she made no call to 911 and didn't call or text family or friends to tell them what happened. "Kinsman admits that she had access to her phone, but she did not use it to call for aid," it said.
The filing added, "Ms. Kinsman has made the False Statements in an effort to cause damage to Mr. Winston's reputation and to coerce and extort him to give her money and 'make her go away.' Ms. Kinsman was aware that Mr. Winston was likely to earn a substantial amount of money in salary, bonuses, and endorsements as a professional NFL football player."
The counterclaim added that "Ms. Kinsman's publication of the False Statements tarnished Mr. Winston's reputation and public image, and caused him to incur actual damages."
"... Her False Statements are per se defamatory because she has repeatedly accused him of committing a crime that he did not commit" it added, stating that the quarterback suffered actual damages "greater than $75,000."
John Clune, a lawyer for Kinsman, had said in a statement shortly after Kinsman's suit was filed there are consequences for Winston's behavior "and since others have refused to hold him accountable, our client will."
"Erica hopes to show other survivors the strength and empowerment that can come from refusing to stay silent no matter what forces are against you," Clune said in that statement last month. "Jameis Winston in contrast has proven time and time again to be an entitled athlete who believes he can take what he wants."
The Associated Press contributed to this report
Receive your weekly recap of all the happenings around the world of sports.