Lawyer: Defense 'too little too late'

TALLAHASSEE, Fla. -- As the state attorney's office weighs whether it believes it has sufficient evidence to bring criminal charges against Florida State quarterback Jameis Winston, the family of the woman who has accused him of sexually assaulting her in December 2012 issued a second statement Friday night, saying the woman was raped by the Heisman Trophy candidate.

Responding to earlier claims by Winston's attorney that he had consensual sex with the woman, Patricia Carroll, the family's attorney, said in the statement: "To be clear, the victim did not consent. This was a rape."

On Wednesday night, ESPN.com reported that a DNA analysis completed by the Florida Department of Law Enforcement confirmed that DNA provided by Winston matched the sample taken from the underwear of the woman. According to the DNA analysis report, a copy of which was viewed by ESPN.com on Wednesday, the Florida state crime lab determined the chance of the DNA in the woman's underwear being a match for someone other than Winston was one in 2.2 trillion.

On Thursday morning, Tim Jansen, Winston's attorney, said Winston had sex with the woman on Dec. 7, 2012, and that the sex was "absolutely" consensual. Jansen said the DNA match didn't surprise him and that the revelation wouldn't change his client's defense to the allegations.

"Jansen stated that the DNA leak damaged his client's reputation," Carroll wrote. "Why would a consensual encounter damage his client's reputation? However, a rape would certainly damage his client's reputation. The 'consent defense' is too little too late and is clearly reactive damage control by Jansen after learning the DNA matched his client."

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