False accuser gets almost a million dollars!

[Derec]

What utter bullshit! Jamais Winston was cleared by both state and the college, yet the college agreed to pay the false accuser Erica Kinsman $950,000. What the hell? Even if the rape had happened, how is that the school's fault and how is she entitled to almost a million dollars? And of course, the rape most likely never happened - it was consensual sex and she saw opportunity to unjustly enrich herself by crying rape. Unfortunately it has worked which will only embolden other women to make false allegations in the future.
Florida State agrees to pay Winston accuser $950,000 to settle suit

 

[untermensche]

Any system that tries to compensate victims will have the rare cases when liars are rewarded.

There is nothing to do about it except eliminate systems that try to compensate victims.

 

[laughing dog]

Sigh, there is nothing in this case that indicates the accuser made a false accusation. The claim that "And of course, the rape most likely never happened - it was consensual sex and she saw opportunity to unjustly enrich herself by crying rape." is much more indicative of the morally debased views of the OP than it is of the actual facts of the case. Both the school and the police to mishandling the situation - something that is clearly stated in the linked OP article. Obviously, FSU decided this settlement was in their overall best interests.

 

[Derec]

Sigh, there is nothing in this case that indicates the accuser made a false accusation. The claim that "And of course, the rape most likely never happened - it was consensual sex and she saw opportunity to unjustly enrich herself by crying rape." is much more indicative of the morally debased views of the OP than it is of the actual facts of the case. Both the school and the police to mishandling the situation - something that is clearly stated in the linked OP article. Obviously, FSU decided this settlement was in their overall best interests.

She kept changing her story. She alleged that her drink was drugged but a blood test found only alcohol in her blood. And Winston was cleared by the school tribunal, despite "Dear Colleague"-mandated ridiculously low standards of evidence. She is (most likely) a false accuser and I hope Winson prevails in his countersuit and the judgment is at least $950,000.

 

[Nice Squirrel]

What utter bullshit! Jamais Winston was cleared by both state and the college, yet the college agreed to pay the false accuser Erica Kinsman $950,000. What the hell? Even if the rape had happened, how is that the school's fault and how is she entitled to almost a million dollars? And of course, the rape most likely never happened - it was consensual sex and she saw opportunity to unjustly enrich herself by crying rape. Unfortunately it has worked which will only embolden other women to make false allegations in the future.
Florida State agrees to pay Winston accuser $950,000 to settle suit

So are you willing to work for/donate to the Innocence Project yet?

 

[Derec]

So are you willing to work for/donate to the Innocence Project yet?

Unlike Brian Banks he luckily wasn't imprisoned based on this false accusation.

 

[Nice Squirrel]

So are you willing to work for/donate to the Innocence Project yet?

Unlike Brian Banks he luckily wasn't imprisoned based on this false accusation.

Yes. He was lucky.

 

[laughing dog]

She kept changing her story. She alleged that her drink was drugged but a blood test found only alcohol in her blood. And Winston was cleared by the school tribunal, despite "Dear Colleague"-mandated ridiculously low standards of evidence. She is (most likely) a false accuser and I hope Winson prevails in his countersuit and the judgment is at least $950,000.

Your views are your views, but "unproven" is not the same as "false". More importantly, if you had bothered to actually read your own linked article, FSU admits to mishandling the allegation. It is just possible that FSU knows more about its self-interest and the actual facts of the situation than you do.

 

[Derec]

Your views are your views, but "unproven" is not the same as "false".

She made claims that were demonstrably false (like her drink being drugged).

More importantly, if you had bothered to actually read your own linked article, FSU admits to mishandling the allegation. It is just possible that FSU knows more about its self-interest and the actual facts of the situation than you do.

Or some of their leadership has drunk the same "women don't lie about rape" koolaid you have?

 

[laughing dog]

She made claims that were demonstrably false (like her drink being drugged).

Again, "unproven" does not mean "false".

Or some of their leadership has drunk the same "women don't lie about rape" koolaid you have?

I never had made that claim. I am simply pointing out you are confusing your opinions with fact. $950k is a lot of dough, even for FSU, to needlessly toss away.

 

[Derec]

Again, "unproven" does not mean "false".

The claim about drugged drink was proven false. Her constant changing of the story also indicates fabrication.

$950k is a lot of dough, even for FSU, to needlessly toss away.

Which is why they should not have done it. All it will do is embolden more women to falsely cry rape after consensual sex.

 

[Axulus]

The claim about drugged drink was proven false. Her constant changing of the story also indicates fabrication.

$950k is a lot of dough, even for FSU, to needlessly toss away.

Which is why they should not have done it. All it will do is embolden more women to falsely cry rape after consensual sex.

Why did they do it then? Why not take it to a jury trial?

 

[laughing dog]

The claim about drugged drink was proven false. Her constant changing of the story also indicates fabrication.

In your linked article, the police admit to missteps (plural) early in the investigation. We don't know what those were (i.e. was the test done properly and within the proper time frame). Again, your insistence that unproven means false indicates more about your obsession with "false" rape claims.

Which is why they should not have done it.

Which suggests that they feel they have good reasons to make such a payout.

All it will do is embolden more women to falsely cry rape after consensual sex.

Or embolden more misogynists and/or rape apologists to whine about such payouts.

 

[ronburgundy]

Sigh, there is nothing in this case that indicates the accuser made a false accusation. The claim that "And of course, the rape most likely never happened - it was consensual sex and she saw opportunity to unjustly enrich herself by crying rape." is much more indicative of the morally debased views of the OP than it is of the actual facts of the case. Both the school and the police to mishandling the situation - something that is clearly stated in the linked OP article. Obviously, FSU decided this settlement was in their overall best interests.

She kept changing her story. She alleged that her drink was drugged but a blood test found only alcohol in her blood. And Winston was cleared by the school tribunal, despite "Dear Colleague"-mandated ridiculously low standards of evidence. She is (most likely) a false accuser and I hope Winson prevails in his countersuit and the judgment is at least $950,000.

The veracity of her rape accusation is legally irrelevant to the suit, which is about FSU's self-admitted mishandling of her accusation, including the coach's and athletic director's knowledge of the investigation by police but failure to notify both the Title IX office and Office of Student Rights and Responsibilities, as required by law.
Despite admitting to this mishandling, the school is claiming it would have prevailed in the suit but settled due to the fact that their legal expenses to defend themselves had already reached double this payout, totaling close to $3 million, of which more than 2.5 is going to lawyers on both sides. Unfortunately, tax payers are the one's footing the bill for her settlement and for about 500k of the school's legal fees, all of which should come out of the athletic budget itself and thus ultimately from boosters and football revenues.

 

[Derec]

The veracity of her rape accusation is legally irrelevant to the suit, which is about FSU's self-admitted mishandling of her accusation, including the coach's and athletic director's knowledge of the investigation by police but failure to notify both the Title IX office and Office of Student Rights and Responsibilities, as required by law.

So she can be a liar and false accuser and still be entitled to almost a million dollars under Title IX? Together with all the other nonsense that led from it, Title IX seems to be one of the worst federal laws of the recent decades.

It should be repealed.

- - - Updated - - -

Or embolden more misogynists and/or rape apologists to whine about such payouts.

I am neither a misogynist nor a rape appologist. I just don't think a rape occurred every time a female cries rape and demands 7 million dollars from her victim to go away.

 

[ronburgundy]

So she can be a liar and false accuser and still be entitled to almost a million dollars under Title IX?

She is entitled to bring a lawsuit for the Universities failure to follow protocol for reporting a rape accusation, which must be followed regardless of any opinion about its veracity. In general, that is a good reporting rule, though there is no sensible reason why Title IX should have any involvement.

Her million dollar payoff isn't a matter of her being entitled to it. She got the million (probably closer to $300k after lawyer fees), because the school wanted to save itself even more cost, regardless of whether she deserved any compensation. Obviously, if she is lying, then theft against the school and taxpayers are among her moral failings, but what the law permits cannot be based on eliminated all abuses of the system.

Together with all the other nonsense that led from it, Title IX seems to be one of the worst federal laws of the recent decades. It should be repealed.

The entire system of athletics at public Universities should be abolished. Winston should have never been at FSU in the first place. If there is a public interest in running a system of amateur athletics, it should be distinct from public Universities

 

[Axulus]

She kept changing her story. She alleged that her drink was drugged but a blood test found only alcohol in her blood. And Winston was cleared by the school tribunal, despite "Dear Colleague"-mandated ridiculously low standards of evidence. She is (most likely) a false accuser and I hope Winson prevails in his countersuit and the judgment is at least $950,000.

The veracity of her rape accusation is legally irrelevant to the suit, which is about FSU's self-admitted mishandling of her accusation, including the coach's and athletic director's knowledge of the investigation by police but failure to notify both the Title IX office and Office of Student Rights and Responsibilities, as required by law.
Despite admitting to this mishandling, the school is claiming it would have prevailed in the suit but settled due to the fact that their legal expenses to defend themselves had already reached double this payout, totaling close to $3 million, of which more than 2.5 is going to lawyers on both sides. Unfortunately, tax payers are the one's footing the bill for her settlement and for about 500k of the school's legal fees, all of which should come out of the athletic budget itself and thus ultimately from boosters and football revenues.

Why in the holy fuck does it take $2+ million to defend against such a lawsuit?

 

[Jimmy Higgins]

The veracity of her rape accusation is legally irrelevant to the suit, which is about FSU's self-admitted mishandling of her accusation, including the coach's and athletic director's knowledge of the investigation by police but failure to notify both the Title IX office and Office of Student Rights and Responsibilities, as required by law.
Despite admitting to this mishandling, the school is claiming it would have prevailed in the suit but settled due to the fact that their legal expenses to defend themselves had already reached double this payout, totaling close to $3 million, of which more than 2.5 is going to lawyers on both sides. Unfortunately, tax payers are the one's footing the bill for her settlement and for about 500k of the school's legal fees, all of which should come out of the athletic budget itself and thus ultimately from boosters and football revenues.

Why in the holy fuck does it take $2+ million to defend against such a lawsuit?

Because lawyers... and time. The cost of having a lawyer increases exponentially with time, which is why you settle EARLY!!! instead of late, so you don't accrue millions in bullshit lawyer fees.

 

[Toni]

Sigh, there is nothing in this case that indicates the accuser made a false accusation. The claim that "And of course, the rape most likely never happened - it was consensual sex and she saw opportunity to unjustly enrich herself by crying rape." is much more indicative of the morally debased views of the OP than it is of the actual facts of the case. Both the school and the police to mishandling the situation - something that is clearly stated in the linked OP article. Obviously, FSU decided this settlement was in their overall best interests.

She kept changing her story. She alleged that her drink was drugged but a blood test found only alcohol in her blood. And Winston was cleared by the school tribunal, despite "Dear Colleague"-mandated ridiculously low standards of evidence. She is (most likely) a false accuser and I hope Winson prevails in his countersuit and the judgment is at least $950,000.

Not all drugs are easily found by blood tests, and less likely as time passes. Drugs + alcohol = difficulty in being clear about details. FSU standing by their boy is unsurprising, as was the refusal of the police and campus to investigate in a timely fashion. Or at all.
\
The settlement is likely reflective of the fact that FSU fucked up. Big time.

 

[dismal]

Why in the holy fuck does it take $2+ million to defend against such a lawsuit?

Because lawyers... and time. The cost of having a lawyer increases exponentially with time, which is why you settle EARLY!!! instead of late, so you don't accrue millions in bullshit lawyer fees.

Linearly with time, actually. They charge by the hour.

But a big team of lawyers plus expenses, plus experts, plus discovery services et al does add up fast. Still $2 million sounds like a lot for this case, but the other factor is they would factor in some probability of a rogue jury giving a huge award even if they felt the facts did not justify it. And, of course, whether the facts justify it may be more of a gray area than we know.