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Jameis Winston's Alleged Victim Will 'Absolutely' Sue the FSU Quarterback

The attorney for Jameis Winston's alleged rape victim said she "absolutely" plans to file a civil lawsuit against the Florida State University star quarterback and the Tallahassee Police Department.
By MATT GUTMAN and ALYSSA NEWCOMB

The attorney for Jameis Winston's alleged rape victim said she "absolutely" plans to file a civil lawsuit against the Florida State University star quarterback and the Tallahassee Police Department.

"I want heads to roll," Pat Carroll, the attorney for the woman who claims Winston raped her in December 2012, told ABC News in an exclusive interview.

Carroll said the Tallahassee Police Department was negligent in handling her client's case against the 20-year-old Heisman Trophy winner. He claims the way police handled the allegations led to a prosecutor's decision to drop the case.

"Absolutely you're going to see a civil suit," Carroll said. "You can not have law enforcement that is not held accountable."

Carroll said, “The family is proceeding, with civil action against the TPD and Jameis Winston. And possibly the university.”

The Tallahassee Police Department and representatives for Winston did not immediately return ABC News' request for comment.

In December, Tallahassee Police Chief Tom Coe said in a statement that his department "took the case seriously, processed evidence and conducted an investigation based on information available at that time." 

Winston's attorney has claimed the athlete and his alleged victim had consensual sex, however in a video released Tuesday by Tallahassee police, Jenna Weisberg, the accuser's friend who called police on her behalf that night, told a different story.

"She remembers the roommate trying to get him to stop. He walked in and was like, 'Stop she doesn't want to,'" Weisberg said in the video. 

As FSU celebrates Monday's national championship victory, in which Winston was named MVP, Carroll told ABC News her client has been warned by authorities to stay away from school for her own safety.

"I inquired if…if she could return to FSU and they told me absolutely not," Carroll said. "They too had the impression she would be in physical danger."

Carroll said that warning came from Georgia Cappleman, deputy assistant state attorney in Florida.

But Cappleman told ABC News she had no opinion as to whether the accuser should return to FSU and said she did not recall ever warning her to stay away from campus.

Carroll said her client has been on the receiving end of anger from FSU football fans who learned her identity, despite her desire to remain anonymous.

The woman claims she was raped by Winston in a Tallahassee apartment Dec. 7, 2012, according to a heavily redacted police report. However, the case did not reach prosecutors until nearly one year later.

In December, State Attorney Willie Meggs said there was not enough evidence to pursue charges against Winston due to what he said were gaps in the accuser's story.
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