The Inadequate Vetting Of Jameis WinstonThe NFL keeps pushing its “No More” message, but not interviewing the presumptive No. 1 overall pick’s rape accuser suggests more of the same.
By the end of ESPN’s exhaustive coverage of the first round of the NFL Draft on Thursday night, there’s one name that you’re sure to be sick of hearing: Jameis Winston.
Winston won’t be in Chicago for the festivities, but that won’t keep the pundits from talking about him. You’ll hear about Jameis Winston, the Heisman trophy winner from Florida State University; Jameis Winston, the quarterback with the strong arm and NFL MVP potential; Jameis Winston, the off-the-field issue guy, even though he possesses enough talent to propel him to NFL stardom.
Then, once the Draft finally kicks off, it’s all but certain that you’ll hear Roger Goodell say, “With the first pick of the 2015 NFL draft, the Tampa Bay Buccaneers select … Jameis Winston.”
Sadly, there’s one name you’re not likely to hear on Thursday: Erica Kinsman.
There will be a lot of allusions to Kinsman during the broadcast, through veiled phrases such as “off-field troubles,” “mistakes,” or “immaturity.” But Kinsman is much more than that — she’s a 20-year-old former Florida State student who has accused Winston of “sexual battery, assault, false imprisonment, and intentional infliction of emotional distress arising out of forcible rape.”
Kinsman and her allegations are the reason that Winston has become one of the most thoroughly-vetted draft prospects in NFL history. After all, in this post-Ray Rice era of the NFL, teams simply can’t be too careful. These days, the league actually takes sexual assault and domestic violence allegations seriously, and a player’s character is considered alongside his talent. (Probably. Maybe.)
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There’s just one little problem with that notion: According to Kinsman’s lawyer, nobody from the NFL or the Buccaneers has contacted Kinsman to get her version of the events of December 7, 2012.
While it’s important to note that Winston was not criminally charged and still maintains that the sexual act was consensual, with what we know about how rare false rape allegations are and how hard it is for victims to get justice in the criminal justice system, it seems unfathomable that nobody bothered to get Kinsman’s side of the story face-to-face before drafting the man that they hope to be the face of their franchise for years to come.
In the P.R. push in the lead-up to the draft — while the Bucs have tried to assure their fanbase that drafting Winston is the right move — there has been endless spin about how much due diligence has been done on Winston. It’s been reported that the Bucs have talked to friends, family, high-school and college coaches, and the state attorney while thoroughly investigating all of the quarterback’s relationships, from childhood onward.
“We’ve talked to a lot of people. ‘A lot’ is probably not a big enough word,” Jason Licht, the general manager of the Tampa Bay Buccaneers, told The Tampa Tribune. “We are not going to talk about the process. All I’ll tell you is that the Glazer family, the head coach, the general manager, our staffs, we all couldn’t feel more confident about the process we have gone through.”
But how in the world could that be true, when the team hasn’t even spoken with Kinsman? How can anyone rationalize leaving the woman who has accused Winston of rape, whose story has not changed in two years, and who has just filed a civil suit against him, out of the vetting process entirely?
Up until this winter, Kinsman was not a public figure. As many alleged rape victims do, she opted to keep her name out of the press and did not speak publicly on the matter for two years after the alleged incident. Over that period, she had to deal with a botched investigation by the Tallahassee Police Department, a press conference where journalists and state attorney Willie Meggs literally laughed while discussing her allegations, and so much cruelty and pushback from her fellow Florida State students that she dropped out of school.
But Kinsman broke her anonymity when she participated in The Hunting Ground, the documentary that came out this spring addressing the epidemic of sexual assault on college campuses and how poorly most cases are handled by America’s universities.
In her segment, Kinsman discusses the events of the night in question, where she met Winston (without knowing who he was) at a club, took a shot she believes to have been spiked and ended up back at his room, where she says he proceeded to rape her.
“He was on top of me and I couldn’t really breathe,” she said in the film, as reported by Marissa Payne of The Washington Post. “He pushed his hand over my face and pushed my face to the floor.”
Meggs, the attorney who laughed at Kinsman’s allegations at the start of the investigation, changed his tone when interviewed for the film. “I think I did not have sufficient evidence to prove that he sexually assaulted her against her will,” he said. “I think things that happened there that night were not good.”
Typically, rape is hard to prove because of a lack of witnesses and the tendency for incidents to turn into “he-said, she-said” wars of allegation. The Buccanneers have spent plenty of time with Winston, and they like what they see. That makes sense — he is clearly a charming man and talented player who seems to work hard on his craft. Winston has no doubt proclaimed his innocence to them and painted himself as the victim. “The only thing as vicious as rape is falsely accusing someone of rape,” he said in a detailed statement denying the allegations in December.
But until the Buccaneers sit down with Kinsman, they have not done their due diligence.
“The most important reason we know Erica is credible is that when you sit down and speak with her one on one the overwhelming conclusion you come away with is that she is telling the truth,” Kirby ****, the director of The Hunting Ground, told Jenny Vrentas of The MMQB.
It’s far too easy to dismiss allegations when they’re only on paper. The voices of sexually and physically abused women have been buried for too long, and by failing to even hear Kinsman out, the Bucs and the NFL, if only tacitly, are contributing to a longstanding culture of silence.
Of course, this is all far from surprising. This is a league that has historically never reached out to the alleged victims of its players. This is a league that just last year interviewed Janay Rice alongside Ray Rice, her abuser, and considered that a sufficient investigation of the subject.
Despite all of the “No More” chatter, the NFL is still a league that hears what it wants to hear. And it’s crystal clear that it doesn’t want to hear what Kinsman has to say.