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Nov 14, 2013 01:58 PM EST

Jameis Winston Sexual Assault Investigation: 5 Important Facts; UPDATED


UPDATE: 11/16/13, 11:00 a.m.

Jameis' Winston's attorney, Tim Jansen told ESPN his client is being investigated for "potential involvement" in the sexual assault, but is not considered the primary suspect. The alleged victim named Winston about a month after filing her report with campus police, but Jansen said witness testimonies will support his client's innocence in the matter.

-- original story below --

With his team chasing Alabama for the BCS National Championship and ahead of his Heisman competition, Florida State quarterback Jameis Winston has been implicated in a sexual assault investigation from Oct. 2012.

TMZ first reported a police report from an incident the night of Oct. 5, 2012 and an ensuing investigation. Though the report did not name a suspect, TMZ claims "law enforcement sources" confirmed it is Winston. Still, the report details a man standing 5'11(Winston is listed at 6'4) and with straight hair (Winston's is not).

TMZ's sources also said Winston was interviewed by police, which the young quarterback's attorney, Tim Jansen, said is not true.

Barring an outright lie, here are five facts regarding the sexual assault case in which Jameis Winston is being implicated.

1.     A sexual battery complaint was filed, but the released version is heavily redacted

Several news outlets have obtained the incident report, filed in Dec. 2012, from the night in question. To protect the victim and the accused, large sections of the document have been redacted for the public's version. What has yet to become clear is why Winston's name is attached to the investigation in the first place.

The report lists the offense as being committed (as opposed to attempted), that the suspect used physical force, lists "sexual gratification" as a motive and notes that drinking beforehand was involved. Evidence has been collected and photos were taken of the victim's injuries.

2.     The suspect is not named in the report and not referenced by police

When the Tallahassee Police Department (TPD) released the report to media outlets Wednesday, the Tallahassee Democrat noted the police did not mention Winston's name. The incident report reads "unknown" in the section for the suspect's name.

3.     The suspect description does not entirely match Winston

Jameis Winston is listed on many websites at 6'4, 228 lbs. The suspect is listed on the police report as 5'9 at the shortest and 5'11 at the tallest, weighing 240 pounds. The suspect is described as having short and straight hair (as long as one-half an inch). Police reports are often filled with mistakes, so it is not inconcievable that the victim underestimated the perpetrator's height. Even though the hair description does not match perfectly either, the suspect and Winston both have a dark complexion and a muscular build.

4.     The investigation is open and active

"The case is open and active and the victim is working with the State Attorney's Office," said TPD spokesman David Northway. 

Jansen confirmed he will be representing Winston and said his client is cooperating fully.

"This case has been going on for over a year. The case was basically closed and we're not sure why it's opened up," Jansen told the Democrat. "We've been cooperating with the law enforcement agencies and we're hoping to get a quick resolution in favor of Mr. Winston."

Jansen told ESPN the investigation was handed to the state attorney this week, but claimed it was closed in February before being reopened. Jansen also said witnesses provided affidavits, but their contents are not known.

5.     Police have not spoken to Winston, who has also not been charged with anything

Dan Wetzel wrote in a Yahoo Sports column that if police knew who their suspect was, they would not let 11 months go by without interviewing him. While several news outlets report Winston has not spoken to police, TMZ says he has. As of Thursday, Winston has also not been arrested and thus has seen no charges against him.

Jansen said police contacted him in Feb. 2013, but did not reach out to Winston.

The last thing we know is that Winston's playing status for Saturday is unchanged, the school said in a statement. The young quarterback will play against Syracuse and he and his head coach Jimbo Fisher will only answer football questions at any media event.

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