A former Florida State University student has filed a lawsuit against top NFL prospect Jameis Winston, claiming he assaulted and raped her at an off-campus apartment in 2012. The lawsuit by Erica Kinsman, which seeks damages from the former Seminoles quarterback, was filed two weeks before the April 30 NFL draft. Winston could be selected as the first overall pick. Winston has denied the allegations and prosecutors declined to file charges against him in late 2013. He also was cleared by the university following a two-day student conduct hearing last year. The hearing was held to determine whether Winston violated four sections of the code of conduct - two for sexual misconduct and two for endangerment. Scroll down for video . Former Florida State University student Erica Kinsman filed a civil lawsuit against top NFL prospect Jameis Winston, saying he assaulted and raped her at an off-campus apartment in 2012 . Former FSU quarterback and Heisman winner Winston has denied the allegations and prosecutors declined to file charges against him in late 2013 . But John Clune, a lawyer for Kinsman, said in a statement there are consequences for Winston's behavior 'and since others have refused to hold him accountable, our client will.' 'Erica hopes to show other survivors the strength and empowerment that can come from refusing to stay silent no matter what forces are against you,' Clune said. December 7, 2012 - Erica Kinsman files a police report claiming she was raped, though she can not identify the attacker. January 10, 2013 - She tells Tallahassee police she recognizes Winston as the assailant in a class and hears a professor call his name. November 13, 2013 - Prosecutor Willie Meggs is notified of the allegations and pushes police on an investigation, during which key witnesses are interviewed and evidence is sought. November 2013 - Kinsman drops out of FSU, later claiming she received death threats for claiming she was raped by Winston. December 5, 2013 - Meggs decides against pursuing criminal charges, saying that evidence is insufficient. December 14, 2013 - Winston wins the Heisman Trophy, becoming the youngest player, at 19, to do so. January 6, 2014 - Winston and the Seminoles win the BCS championship against Auburn. December 21, 2014 - FSU clears Winston of any code of conduct violations after hearing presided over by retired Florida Supreme Court Justice Major Harding. He added: '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. Kinsman told her alleged sexual assault story publicly in a documentary titled The Hunting Ground, which casts a critical eye on the role that fraternities, athletic departments and schools play in rape investigations on campus. Kinsman fights tears as she details her account of the December 2012 night, when as a freshman, she remembers running into a man at a Tallahassee Potbelly's, according to the Daily Beast. She says someone was creepily following her around the bar throughout the night and only stopped when a second man put his arm around her and told the pursuer he was her boyfriend. Kinsman claims that man then bought her a shot, after which she began to feel dizzy, although she faintly recalls taking a cab to an apartment. She says the next thing she remembers is coming to while the man on top of her, penetrating her, and claims that she asked him to stop. The man allegedly ignored both her and his roommate, who Kinsman says entered the room, when they told him to stop. He then took her into the bathroom, Kinsman said. There, she says, he raped her while he held her head against the tiles, and when he was finished told her, 'You can leave now.' Not knowing where the apartment was, Kinsman says she took an offer for a ride on the man's scooter back to a location she recognized, fearing what would happen if he knew where she lived. Kinsman's lawsuit, which goes into detail about the 2012 incident, accuses Winston of rape, assault, false imprisonment and emotional distress . Winston has avoided criminal charges, and a Florida State University conduct code hearing found there was not enough evidence to determine whether he was guilty . According to a New York Times investigation of the ensuing police investigation, Kinsman reported the assault in the early morning immediately after it happened, but did not identify the assailant. Tallahassee Police Officer Scott Angulo wrote he 'had no real leads' until Kinsman contacted police a month later, saying she saw the man in class and heard his name called, identifying him as Winston. The lawsuit, which goes into detail about the 2012 incident, accuses Winston of rape, assault, false imprisonment and emotional distress. Because the burden of proof is much lower in a civil lawsuit than in a criminal case, Kinsman could have a better chance of winning a jury verdict if it goes to trial. David S. Weinstein, a former federal prosecutor now in private practice in Miami, said in a civil case the standard amounts to the 'greater weight' of the evidence, or 'merely tipping the scales in favor of the plaintiff.' In a criminal case, prosecutors must prove a person's guilty beyond a reasonable doubt, meaning jurors must be entirely convinced of guilt. Kinsman dropped out of FSU after the incident, later claiming she received death threats for claiming she was raped by Winston . A month after prosecutors decided there was not enough evidence to pursue criminal charges, Winston led the Seminoles to a comeback victory against Auburn in the BCS title game . 'The scales have to be tipped all the way over to the side of the prosecution,' said Weinstein, who is not involved in the case. Weinstein also said that he thought Kinsman's chances of prevailing were good, based on the detailed allegations and multiple witness statements in the lawsuit. But that doesn't mean it will be easy. 'The defense will drag her character through the mud, so this is going to be an unpleasant process for her,' he said. 'However, Winston has a lot to lose, so I foresee a settlement and not a trial.' Kinsman has also filed a lawsuit against FSU's trustees, asserting that university officials had knowledge of her alleged sexual harassment and discrimination by the star quarterback and this created a hostile educational environment for her. The lawsuit seeks unspecified damages, including reimbursement for tuition, damages for emotional pain and suffering and loss of past and present earning and earning capacity. Lawyers for the university's board of trustees contend the lawsuit should be dismissed because it does not show that FSU was responsible for her harassment, but they also maintain that they offered her assistance. Kinsman's story was featured in the documentary film The Hunting Ground, which is an expose on the way fraternities, athletic departments and universities affect rape investigations .
Erica Kinsman filed lawsuit seeking damages from the former quarterback . She claims he assaulted and raped her at an off-campus apartment in 2012 . Kinsman claims she met Winston while drinking in Tallahassee . She says she took a shot offered by him at the bar in December 2012 . Next thing she recalled he was having sex with her in spite of pleas not to . Winston has denied the allegations and prosecutors declined to file charges against him in late 2013 . The lawsuit was filed two weeks before the April 30 NFL draft, where Winston is a top prospect .