Attorney for Winston's accuser plans to file civil suit, wants "heads to roll"

11:54 PM, Jan 8, 2014   |    comments
Jameis Winston and the Seminoles won a national title on Monday. (USATSI)
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Tampa, Florida - There are new details on the rape allegations against Florida State quarterback Jameis Winston. Just two days after the team was crowned national champion and Winston was named MVP, the FSU star quarterback is now facing a civil lawsuit.

The attorney for his accuser has openly stated she wants "heads to roll" and says there will absolutely be a civil suit against the Heisman trophy winner, as well as the Tallahassee Police Department.

Patricia Carroll, the accuser's lawyer, says TPD "botched" the investigation.

Related Story: Mother of Jameis Winston's accuser says press conference "is gonna be good"

A prominent local defense attorney weighed in on the case for 10 News and talked about what will this mean for both sides.

Well-known lawyer Jay Diaco has been involved in countless high profile cases over the years. We asked him if this suit will go to trial, or will Jameis Winston settle to make it go away?

Diaco told 10 News, "I would assume they would fight it very hard. Or, they would make it go away very quickly. There's two schools of thought here. You know, they can spend millions of dollars to be right or you can spend a little and make it go away quickly."

He added, "There's an argument to both sides. As a lawyer, I can make a good argument for both. A good handler may say to Jameis Winston, 'Look, put this to bed and never deal with it again.'"

Diaco said the burden of proof in a civil case is much lower than a criminal case. He also pointed out that if it's not settled it will last a very long time, costing millions and millions of dollars. He said countless witnesses would be subpoenaed in the case, including everyone from the bar that night, students, and all of the friends and family of both parties.

"It will last a long time," he said. "It's going to come down to who performs better on the witness stand and who can convey to a jury of peers what really happened. No one knows. Is Jameis Winton more convincing at explaining what happened or is she more convincing? That's what will win the day in a civil suit."

The accuser's attorney told ABC News that her client was told not to come back to FSU, that she would be in physical danger. The lawyer also said the young woman has received death threats.  There is also the possibility that the university itself could be involved in the civil lawsuit.

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