Jameis Winston in action for Florida State.
IN PHOTO: Jan 1, 2015; Pasadena, CA, USA; Florida State Seminoles quarterback Jameis Winston (5) runs with the ball during the first half of the 2015 Rose Bowl college football game against the Oregon Ducks at Rose Bowl. Kelvin Kuo-USA TODAY Sports

Top NFL draft prospect Jameis Winston is facing sexual assault charges again, from the same woman who accused him of raping her back in 2012. Erica Kinsman, a former Florida State University student, has filed a civil lawsuit against Winston in Orlando, Florida on allegations related to the 2012 incident.

Winston, the 2013 Heisman Trophy winner, was investigated for rape back in Nov. 2013 but he was never formally charged after state Attorney found him not guilty, and then Supreme Court Chief Justice Major Harding also ruled that there was insufficient evidence against Winston regarding the allegations. The 21 year old is widely seen as the No.1 pick in this year’s NFL draft.

While Winston claimed the two had consensual sex, Kinsman went to a hospital the same night for a rape test. And Major Harding had then ruled that he could not believe one version and dismiss the other as both had their statements had their own weaknesses and strengths, reports ESPN.

Kinsman has filed a civil lawsuit with charges of sexual battery, false imprisonment, assault and emotional distress. A civil lawsuit requires her to provide less proof than a criminal lawsuit, where the accused has to be found guilty beyond reasonable doubt. She will have to convince jurors about her version of events, and have them trust it more than they do Winston’s.

Erica is pushing for compensation in excess of $15,000, along with the right to seek leave for punitive damages, which the court would decide if Winston is found guilty in such a lawsuit. Her lawyers are also pushing for a trial by jury.

"Jameis Winston in contrast has proven time and time again to be an entitled athlete who believes he can take what he wants. He took something here that he was not entitled to and he hurt someone. There are consequences for that behavior and since others have refused to hold him accountable, our client will," said Erica Kinsman’s attorney John Clune in a statement reported by ESPN.

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