Kaepernick being investigated....

[BOB11]

49ers QB Colin Kaepernick named in Miami police report - SFGate

She said Kaepernick and 49ers wide reciever Quinton Patton, 23, were also there, and that she had a "sexual relationship with Mr. Kaepernick in the past," the report states.
The woman, according to the report, mixed some drinks for the men and gave them shots. The woman "advised that they told her that in order to drink the shots she had to 'hit' the bong which contained marijuana," the report states.
The group then sat down to watch a basketball game, but the woman reported that she felt "light-headed," went to a bedroom to lie down and took off her jacket and jewelry.
The woman told police that Kaepernick came into the bedroom, kissing her and undressing her before leaving, telling her he would be right back.
The woman "advised that she was in bed naked and Mr. Patton and and Mr. Lockette opened the door and 'peeked' inside," the report states. "She told them, 'What are you doing? Where is Colin? Get out!' They closed the door and left. She cannot remember anything after that."

 

[MISKO]

What happened to Clyde (RIP) and Ray (RIP)?

they are still members of sports SportsHoopla and can still post here .. so why the rip

 

[fordman84]

That gets kind of sticky, though. If she was still conscious and he didn't know she was completely out of it, it wouldn't be r*pe. That's why the forensics will be pretty important, DNA and her blood. If she "doesn't remember" because of alcohol and weed, it's a pretty weak case. If they find DNA from any of these guys in her, and some sort of other drugs in her system, it could be pretty serious. The fact she's had prior sex with Kap in the past could make it hard to convict if the case went to a jury, though. Particularly in Florida.

Agreed. Those claims might not hold up in a criminal court, but a civil suit they just might...and that is how these famous and rich get hosed. Gotta pay up just to keep someone from ruining your life.

 

[Crimsoncrew]

Agreed. Those claims might not hold up in a criminal court, but a civil suit they just might...and that is how these famous and rich get hosed. Gotta pay up just to keep someone from ruining your life.

Sure. But to my knowledge, the league couldn't/wouldn't take action based on a civil outcome. That's kind of a pessimistic view of things, but that would be operating from the assumption that nothing actually occurred. If something did, all bets are off.

Regardless, this is not good news for Kap.

 

[whysies]

That gets kind of sticky, though. If she was still conscious and he didn't know she was completely out of it, it wouldn't be r*pe. That's why the forensics will be pretty important, DNA and her blood. If she "doesn't remember" because of alcohol and weed, it's a pretty weak case. If they find DNA from any of these guys in her, and some sort of other drugs in her system, it could be pretty serious. The fact she's had prior sex with Kap in the past could make it hard to convict if the case went to a jury, though. Particularly in Florida.

794.011 (E) would probably cover the "out of it" scenario. No doubt the jury could get him off but it could still be r*pe if I'm reading the statute right.

Statutes & Constitution :View Statutes : Online Sunshine

 

[badazzk9]

Maybe when crediting a sports story don't use TMZ as your source.

They were the first to break the story.

 

[fordman84]

Sure. But to my knowledge, the league couldn't/wouldn't take action based on a civil outcome. That's kind of a pessimistic view of things, but that would be operating from the assumption that nothing actually occurred. If something did, all bets are off.

Regardless, this is not good news for Kap.

Like the NCAA and their LOIC, the NFL has that "personal conduct policy" that can screw anyone over. I think that is how Big Ben got suspended, he wasn't charged was he?


For everyone involved (fans, Kap, others, and the girl) I hope there was no r*pe and that comes out. r*pe is an inexcusable crime and something no one should have to go through, and being accused of it when you didn't do it has to be terrible as well. hopefully nothing happened and this is all blown up over nothing.

 

[Crimsoncrew]

794.011 (E) would probably cover the "out of it" scenario. No doubt the jury could get him off but it could still be r*pe if I'm reading the statute right.

Statutes & Constitution :View Statutes : Online Sunshine

Phrasing.

 

[Rvnight18]

The report states she said SHE mixed the drinks. So if she mixed the drinks to her own admission, and a tox report comes back with a r*pe drug, does that mean she did it to herself? So very confused with this report.

 

[Crimsoncrew]

Like the NCAA and their LOIC, the NFL has that "personal conduct policy" that can screw anyone over. I think that is how Big Ben got suspended, he wasn't charged was he?


For everyone involved (fans, Kap, others, and the girl) I hope there was no r*pe and that comes out. r*pe is an inexcusable crime and something no one should have to go through, and being accused of it when you didn't do it has to be terrible as well. hopefully nothing happened and this is all blown up over nothing.

You may be right. I forgot Ben got suspended over that.

Re: the second paragraph, agree 100%. Regardless of the outcome, it's shitty for someone (either she was raped or Kap, etc. were accused of it). Though none of the articles to date have expressly stated that there was evidence of sexual activity.

 

[Crimsoncrew]

The report states she said SHE mixed the drinks. So if she mixed the drinks to her own admission, and a tox report comes back with a r*pe drug, does that mean she did it to herself? So very confused with this report.

She said they made her hit a bong, though. I guess it's possible there was weed laced with something? Though I've never heard of weed being laced with something that caused a total blackout.

 

[MISKO]

its all speculation at this point ..

 

[whysies]

Phrasing.

"That gets kind of sticky though"- Crimsoncrew

 

[erckm510]

They were the first to break the story.

Yeah. TMZ said sexual assault. No reporter is saying sexual assault. Why would TMZ do that? Hmmmmmmmm

 

[BOB11]

They were the first to break the story.

Yes,but they mislead people. They claimed sexual assult. The police report doesn't say that. Plus the women in question says Kap and her didn't have sex.

 

[Rvnight18]

She said they made her hit a bong, though. I guess it's possible there was weed laced with something? Though I've never heard of weed being laced with something that caused a total blackout.

That crossed my mind, but admittedly I don't know shit about weed. Never touched it.

 

[Crimsoncrew]

794.011 (E) would probably cover the "out of it" scenario. No doubt the jury could get him off but it could still be r*pe if I'm reading the statute right.

Statutes & Constitution :View Statutes : Online Sunshine

And to address this more directly, (e) applies if she is out of it. But if she was still able to act, she just can't remember what she did, it wouldn't be r*pe. Obviously if she's passed out or completely incoherent, it would be r*pe. And frankly, I wouldn't think it's much better if she was just pretty drunk.

 

[BOB11]

2m[/ame] [URL="[MEDIA=twitter]454325198959824897[/MEDIA]"]29s[/ame] [URL="https://twitter.com/dreab15"]@dreab15 @CamInman Not true. I spoke with Miami PD who said this was simply an incident report filed at the request of the woman. No crime

 

[jarrod49]

2m #49ers Kaepernick incident is NOT being investigated as a sex assault. Report taken at the request of the woman, according to @nataliealund

Great reporting TMZ!!!!!! If I was kap after this is over id file a lawsuit against them!!!!

 

[Crimsoncrew]

Here's TMZ's explanation:

While cops only described the situation as a "suspicious incident" -- it's clear they are investigating an alleged sex crime, due to the fact the case was referred to the Special Victim's Office, which handles sex crimes.

The woman's name was redacted from the police report (which is usually done to protect the accuser in a sex-related crime) ... but she was identified as "black."

Read more: Colin Kaepernick Sexual Assault Investigation -- 49ers QB Being Investigated [Update] | TMZ.com