To be honest, I'm doubting it goes forward at all.
The following is all assuming everything happened according to statements available from victim and her lawyer.
I'm assuming that just to show how, even if it happened... the case is pretty effed right now.
For starters ... prior to all this being leaked to the media and TPD shitting all over themselves... the victim was trying to just move past it. With all being dragged up again, does she want to rehash all this in a court room? Without her cooperation, the chances for the case are significantly reduced.
In the intervening months, as the TPD refused to collect any evidence or conduct any interviews on the basis that it would alert Winston -- they proceeded to inform Winston, his lawyer, FSU PD, and FSU athletic department directly.
This has effectively given Winston and his defense 6+ months to build a foolproof story. It's also taken away any chance at obtaining time-sensitive evidence.
The DNA establishes Winston was there. But that doesn't prove it wasn't consensual. Similarly, he has 2 witness affidavits from people who were allegedly present... appears to be 1 male and another female. The second male was also DNA tested -- just to cover all the bases and ensure there wasn't more to this than presented.
The only way I see this going otherwise is if they've been caught red-handed in some regards. For example, if the witness had claimed Winston was never there -- their affidavits would be subject to Impeachment evidence via DNA and ruled as unreliable witnesses (at the very least). But that does not appear to be the case, as Winston's lawyer has more or less bragged that their defense is that he had sex with her and it was consensual. Typically when you have an associate of an alleged culprit testifying as a witness, you want to obtain their testimony in the immediate aftermath so that you can compare it to their claims on the stand; and then if there are any discrepancies (such as you'd find with a concocted story), you can impeach their statements rendering them useless. But the police refused to investigate or interview witnesses. As a result, everything they say has to be taken at face value. That leaves their witness evidence in tact, and not a soul to verify her story.
In that case, the only other thing I could think of is if she was treated for bruises, lacerations, or something else at the Hospital. Something that would prove she resisted... otherwise it's 3 people's word against hers... plus the court of public opinion in Tallahassee firmly residing with Winston.
at TampaBuckeyes as he Googles "P-Funk All Stars"...