The duality
He said the two engaged in foreplay and then consensual sex. He later took her home on his scooter.
The woman, however, said she never gave Winston her phone number or danced with him, but believes he was the man she spoke to briefly while doing a shot of alcohol.
The woman, who said she had a typical amount of alcohol and had a blood alcohol level of .04 and tested negative for drugs, claims to have received no text message from Winston asking her to go home with him.
A friend who was out with the woman that night said the two did exchange phone numbers. The woman asked her friend if she should go home with Winston. The woman said, "that's up to you."
The woman recalled being scared when getting in the cab, a memory that was "kind of hazy."
The woman, however, said she never gave Winston her phone number or danced with him, but believes he was the man she spoke to briefly while doing a shot of alcohol.
The woman, who said she had a typical amount of alcohol and had a blood alcohol level of .04 and tested negative for drugs, claims to have received no text message from Winston asking her to go home with him.
A friend who was out with the woman that night said the two did exchange phone numbers. The woman asked her friend if she should go home with Winston. The woman said, "that's up to you."
The woman recalled being scared when getting in the cab, a memory that was "kind of hazy."
"I did not get into the cab willingly. I wouldn't say that I was forced into the cab, but I believe that I was scared," she said. "Scared because these are three men who I've never met who are all very much bigger than me," she said. "Scared about what would happen if I didn't get into the cab. It was just a fear kind of feeling."
At some point during the encounter, both Winston and the woman say a man walked into the room. Winston said it was Casher came in the room and she told him to get out before turning off the light.
In a post-hearing submission by the woman's lawyers, the accuser said that Darby came in the room and said "dude, she is saying no."
"Please, stop no," the woman recalled saying back to Darby. "I remember pleading just for him to stop."
Winston, however said the woman asked for more privacy, so they went to the bathroom. The woman, however said the non-consensual sex continued in the bathroom.