Jameis Winston defined consent for sex as “moaning” in the student-conduct hearing into a 2012 rape allegation levied against him, according to ESPN.
The report states that rather than merely read a statement, as was previously reported, Winston briefly answered three questions from the former state judge overseeing the December 2-3 hearing.
“I think it would be helpful,” former Florida chief justice Major Harding told Winston, “and I understand you have exercised your right, and you may continue to do so; but, from the purpose of helping the decision maker to understand, the Complainant has indicated that she continually resisted by saying no to your sexual overtures, and you have indicated that she gave consent. And I would like to know in what manner, verbally or physically, that she gave consent. And I ask that with the understanding that you have previously given.”
“Both, Your Honor, verbally and physically,” the quarterback indicated. When Harding followed up for a more precise answer, the 2013 Heisman Trophy-winner stated, “Moaning is mostly physically. Well, moaning is physically. And verbally at that time, Your Honor.” Winston then affirmed that this took place during the encounter with the accuser.
The brevity, and grammatical peculiarities, make it unclear whether Winston classified moaning as a sign of verbal consent as well, and whether the moaning represented the lone okay indicated by the woman.
In a prepared statement provided Harding, Winston expounded upon the verbal assent allegedly given. “We were standing facing each other, kissing and touching each other’s bodies. I eventually asked [the accuser] if she would perform oral sex on me,” the quarterback explained. “She said that she would.” Winston describes his accuser as texting him to leave the bar where they met, willingly traveling in a cab to his apartment, initiating position changes during their mating ritual, rising to close a partially opened door that allowed Winston’s friends to spy on them, and petitioning Winston for a more private spot to complete their encounter.
The former chief justice of Florida’s Supreme Court deemed the evidence insufficient to charge Winston with a violation of the school’s code of conduct. A year prior to this hearing, a state prosecutor dropped the criminal case for lack of evidence.
Winston leads the Florida State Seminoles against the University of Oregon in the Rose Bowl on New Year’s Day for the chance to defend their 2013 national championship in the title game against the winner of the Alabama-Ohio State Sugar Bowl matchup.