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Jameis Winston Says ‘Moaning’ Is Consent In Hearing

By Cory Buck

Dec 6, 2014; Charlotte, NC, USA; Florida State Seminoles quarterback Jameis Winston (5) walks off the field after defeating the Georgia Tech Yellow Jackets at Bank of America Stadium. FSU defeated Georgia Tech 37-35. Mandatory Credit: Jeremy Brevard-USA TODAY Sports
Dec 6, 2014; Charlotte, NC, USA; Florida State Seminoles quarterback Jameis Winston (5) walks off the field after defeating the Georgia Tech Yellow Jackets at Bank of America Stadium. FSU defeated Georgia Tech 37-35. Mandatory Credit: Jeremy Brevard-USA TODAY Sports /
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Florida State Seminoles quarterback Jameis Winston defined consent at his student code of conduct hearing, citing the accuser’s moaning as such.

Jameis Winston didn’t say much at his student code of conduct hearing, per his rights in such a hearing, but what he did say led some to lift eyebrows. Accused of sexual assault, Winston was asked how he would define consent and Winston’s answer was about as tenuous as a wordless moan.

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ESPN reports that retired Florida State Supreme Court chief justice Major Harding asked Winston about the nature of the accuser’s consent in Winston’s 2012 sexual assault case.

“I would like to know in what manner, verbally or physically, that she gave consent,” Harding asked per the hearing’s transcript. “And I ask that with the understanding that you have previously given.”

“Both, Your Honor, verbally and physically,” Winston answered.

“And what did she say and what did she do?” Harding asked.

“Moaning is mostly physically,” Winston said. “Well, moaning is physically. And verbally at that time, Your Honor.”

“Well, that was during the sexual encounter?” Harding asked.

“Yes, Your Honor,” Winston said.

Apparently that sterling defense was enough to clear Winston of any wrongdoing. After all, making wordless noises is a great way to say keep on keeping on, right?

The accuser’s attorney pointed out the obvious flaw in Winston’s argument, but that was hardly going to be enough to find the Heisman-winning quarterback guilty of any wrongdoing just two weeks before the Seminoles embark on their first-ever college football playoff run.

“‘Moaning’ is obviously not clear verbal consent or even a clear verbal expression,” she said. “‘Moaning’ in no way communicates willing and clear participation in the sexual act, as consent is defined by the [student conduct code].”

Maybe Winston is guilty. Maybe he isn’t. We’ll never truly know, but to use that as a defense? Why even hire an attorney if moaning is the best you can do for consent? It’s amazing that anyone in the world could agree with that take and say, “Yep, nothing to see here.” Oh, what’s that? The football game is in a week? Oh, right then. Well, then nothing at all is amazing about this.

Hopefully, Winston thinks better on his feet when the Seminoles take on the Oregon Ducks.

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